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Association  for 
Information  and  Image 
Management 


MS303-1980 


6  7  8  9  10  11  12 

. . . 


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A  SELECTIVE  MICROFILM  EDITION 

'  PARTI 
(1850-1878) 


Thomas  E.  Jeffrey 

Microfilm  Editor  and  Associate  Editor 

Paul  B.  Israel  Susan  Schultz 

Assistant  Editor  Assistant  Editor 

Assistant  Editors:  Research  Associates: 

Toby  Appel  Robert  Rosenberg 

Keith  A.  Nier  W.  Bernard  Carlson 

Andre  Millard 

Student  Assistants 

John  Deasey  Pamela  Kwiatkowskl 

Leonard  De  Graaf  Joseph  P.  Sullivan 

David  Fowler  Barbara  B.  Tomblln 

Leonard  S.  Reich,  Associate  Director  and  Associate  Editor 
Reese  V.  Jenkins,  Director  and  Editor 


Sponsors 

Rutgers,  The  State  University  of  New  Jersey 
National  Park  Service.  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 


University  Publications  of  America 
Frederick,  Maryland 
1985 


Copyright  ©  1 985  by  Rutgers,  The  State  University 

All  Rights  Reserved.  Mo  part  of  this  publication  including  any  portion  of  the  guide  and  index  or  of  the 
microfilm  may  be  reproduced,  stored  in  a  retrieval  system,  or  transmitted  in  any  form  by  any  means— graphic, 
electronic,  mechanical,  or  chemical,  including  photocopying,  recording  or  taping,  or  Information  storage  and 
retrieval  systems— without  written  permission  of  Rutgers,  The  State  University  of  New  Jersey,  New  Brunswick, 
New  Jersey. 

The  original  documents  in  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site  at  West 
Orange,  New  Jersey. 


BOARD  OF  SPONSORS 


Rutgers,  The  State  University  of 
Mew  Jersey 

Edward  J.  Bloustein 
T.  Alexander  Pond 
Tilden  G.  Edelstein 
Richard  P.  McCormick 
James  Kirby  Martin 
Mew  Jersey  Historical  Commission 
Bernard  Bush 
Howard  Green 


National  Park  Service,  Edison 
National  Historic  Site 
Roy  W.  Weaver 
Edward  J.  Pershey 
William  Binnewies 
LynnWightman 
Elizabeth  Aibro 
Smithsonian  institution 
Brooke  Hindle 
Bernard  Finn 


EDITORIAL  ADVISORY  BOARD 

James  Brittain,  Georgia  Institute  of  Technology 
Alfred  D.  Chandler,  Harvard  University 
Neil  Harris,  University  of  Chicago 
Thomas  Parke  Hughes,  University  of  Pennsylvania 
Arthur  Link,  Princeton  University 
Nathan  Reingold.  Smithsonian  Institution 
Robert  C.  Schofield.  Iowa  State  University 


CORPORATE  ASSOCIATES 

William  C.  Hittinger  (chairman),  RCA  Corporation 
•Arthur  M  Bueche.  General  Electric  Company 
Edward  J.  Bloustein.  Rutgers.  The  State  University  of  N  J. 
Cees  Bruynes.  North  American  Philips  Corporation 
Paul  J.  Christiansen,  Charles  Edison  Fund 
Philip  F.  Dietz,  Westinghouse  Electric  Corporation 
Paul  Lego,  Westinghouse  Electric  Corporation 
Roland  W.  Schmitt,  General  Electric  Corporation 
Robert  I.  Smith,  Public  Service  Electric  and  Gas  Company 
Harold  W.  Sonn,  Public  Service  Electric  and  Gas  Company 
Morris  Tanenbaum,  AT&T 


•Deceased 


FINANCIAL  CONTRIBUTORS 


PRIVATE  FOUNDATIONS 
Alfred  P.  Sloan  Foundation 
Charles  Edison  Fund 
The  Hyde  and  Watson  Foundation 
Geraldine  R.  Dodge  Foundation 


PUBLIC  FOUNDATIONS 

National  Science  Foundation 
National  Endowment  for  the  Humanities 


PRIVATE  CORPORATIONS  AND  INDIVIDUALS 


Alabama  Power  Company 
Amerada  Hess  Corporation 
AT&T 

Association  of  Edison  Illuminating  Companies 

Battelle  Memorial  Institute  Foundation 

The  Boston  Edison  Foundation 

Cabot  Corporation  Foundation 

Carolina  Power  and  Ught  Company 

Consumers  Power  Company 

Coming  Glass  Works  Foundation 

Duke  Power  Company 

Edison  Electric  Institute 

Exxon  Corporation 

General  Electric  Foundation 

Gould  Inc.  Foundation 

Gulf  States  Utilities  Company 

The  Institute  of  Electrical  &  Electronics  Engineers 

International  Brotherhood  of  Electrical  Workers 

Iowa  Power  and  Light  Company 

Mr.  and  Mrs.  Stanley  H.  Katz 


Matsushita  Electric  Industrial  Co.,  Ltd. 
McGraw-Edison  Company 
Middle  South  Services,  Inc. 

Minnesota  Power 

New  Jersey  Bell  Telephone  Company 
New  York  State  Electric  &  Gas 
Corporation 

North  American  Philips  Corporation 
Philadelphia  Electric  Company 
Philips  International  B.V. 

Public  Service  Electric  and  Gas  Company 

RCA  Corporation 

Robert  Bosch  GmbH 

Savannah  Electric  and  Power  Company 

Schering  Plough  Foundation 

Texas  Utilities  Company 

Thomson-Brandt 

Transamerica  Delaval  Inc. 

Westinghouse  Educational  Foundation 
Wisconsin  Public  Service  Corporation 


PUBLICATION  AND  MICROFILM 
COPYING  RESTRICTIONS 

Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  lieu  of  transcripts,  however, 
enlarged  photocopies  of  selected 
items  contained  on  these  reels 
may  be  made  in  order  to  facilitate 
research. 


A  NOTE  ON  THE  SOURCES 


The  pages  which  were  microfilmed  for  this  collection 
are  in  generally  good  condition  in  the  original.  There 
are  some  pages,  however,  which  due  to  age  do  not 
reproduce  satisfactorily.  We  have  made  every 
technical  effort  to  ensure  complete  legibility  of  each 
and  every  page. 


LITIGATION  SERIES,  1875-1878 


The  Litigation  Series  includes  the  printed  records  of  civil  court 
litigation,  along  with  the  records  of  Patent  Office  proceedings,  which  are 
similar  in  many  respects  to  litigation.  These  records  consist  of  pleadings, 
testimony,  exhibits,  attorneys'  briefs  and  arguments,  and  decisions  and 
opinions  of  the  court  or  hearing  examiner. 

During  the  1870s  Edison  was  embroiled  in  civil  litigation  relating  to 
his  quadruplex  and  automatic  telegraph  patents.  The  Litigation  Series 
reproduces  the  printed  record  of  one  of  the  lawsuits  contesting  the  patent 
rights  to  Edison's  quadruplex,  as  well  as  related  Patent  Office  proceedings 
which  preceded  the  civil  litigation.  Although  the  Edison  National  Historic 
Site  has  the  printed  record  of  only  one  of  the  suits,  the  "Quadruplex 
Case,"  the  exhibits  in  this  record  contain  documents  from  other  telegraph 
litigation  filed  about  the  same  time.  The  exhibits  also  include  technical 
drawings,  agreements,  patent  applications  and  issued  patents,  and 
correspondence.  Together  with  the  testimony,  they  provide  valuable 
information  about  the  development  of  multiplex  telegraphy,  Edison's  role 
as  an  inventor  and  manufacturer  of  telegraph  instruments,  and  the 
multifarious  financial  arrangements  which  supported  his  inventive  and 
business  activities. 

A  group  of  patent  interferences  constitutes  another  part  of  the 
Litigation  Series.  The  patent  examiner  placed  patent  applications  in 
interference  when  they  embodied  similar  claims.  The  inventors  were 
notified  and  each  was  allowed  time  to  take  testimony  and  collect 
evidence  that  would  establish  the  priority  of  his  own  work.  During  the 
1870s  Edison  was  involved  in  numerous  patent  interferences  concerning 
the  telephone,  the  telegraph,  the  electric  pen,  and  other  inventions. 
However,  the  ENHS  has  the  printed  record  only  for  those  interferences 
relating  to  the  invention  of  the  telephone. 

In  1878  several  of  Edison's  patent  applications  for  the  telephone 
were  declared  to  be  in  interference  with  applications  of  Alexander 
Graham  Beil,  Elisha  Gray,  A.E.  Dolbear,  and  others.  Testimony,  exhibits, 
and  arguments  supporting  the  priority  of  the  various  inventors  make  up 
the  printed  record.  As  in  the  telegraph  litigation,  the  testimony  of  Edison 
and  his  associates  and  the  technical  drawings  that  were  submitted  as 
exhibits  provide  extensive  documentation  of  the  inventive  activity  in 
Edison's  Newark  and  Menlo  Park  laboratories. 

Documents  relating  to  civil  court  and  Patent  Office  litigation 
occasionally  appear  in  the  Document  File  and  in  other  series  on  the 
microfilm. 

The  litigation  records  have  been  filmed  in  the  following  orders 

(1)  Telegraph  Litigation,  five  volumes. 

(2)  Telephone  Interferences,  seven  volumes. 


TELEGRAPH  LITIGATION  (QUADRUPLEX  CASES) 


The  five  volumes  in  this  series  relate  to  litigation  involving  several 
of  Edison's  patent  applications  for  duplex  and  quadruplex  telegraphy. 

Four  of  the  volumes  form  a  set  with  the  general  title  "Cases  and 
Points"  and  the  specific  title  "Quadruplex  Case"  on  their  spines.  They  are 
numbered  70,  71,  72  and  73.  Volumes  70,  71,  and  73  contain  a  record  of 
the  litigation  in  Atlantic  and  Pacific  Telegraph  Company  v.  George  B. 
Prescott,  Western  Union  Telegraph  Company,  Lemuel  W.  Serrell  and 
Thomas  A.  Edison  -  the  so-called  Quadruplex  Case.  This  suit  was  filed  in 
1876,  went  to  trial  in  1877,  and  was  decided  in  favor  of  the  defendants  in 
1878.  Volume  72  contains  Patent  Office  proceedings  for  1875  and  1876 
and  closely  related  litigation  which,  like  the  Atlantic  and  Pacific  suit, 
involved  the  question  of  rights  and  title  to  seven  Edison  duplex  and 
quadruplex  telegraph  patent  applications. 

The  four  Quadruplex  Case  volumes  were  apparently  given  to  Edison 
by  Everett  P.  Wheeler,  an  attorney  for  the  Atlantic  and  Pacific  Telegraph 
Company.  Each  volume  contains  Wheeler's  bookplate  bearing  the 
inscription  "Mr.  Edison,  from  his  friend  Everett  P.  Wheeler."  Volume  72 
has  been  filmed  first  in  the  sequence  because  most  of  its  documents 
relate  to  Patent  Office  proceedings  which  chronologically  precede  the 
Atlantic  and  Pacific  suit  contained  in  the  other  three  volumes.  The  four 
volumes  have  been  filmed  in  their  entirety,  with  a  few  exceptions  that  are 
identified  in  the  contents  lists  for  the  individual  volumes. 

The  fifth  volume,  entitled  Telegraph  Law  Cases-Miscellaneous.  is 
not  part  of  the  set  given  to  Edison  by  Wheeler.  It  contains  printed  copies 
of  bills  of  complaint,  answers,  arguments,  and  briefs  relating  to  Edison 
telegraph  litigation.  Many  of  the  items  in  this  volume  are  duplicates  of 
documents  in  the  Quadruplex  Case  volumes;  these  have  not  been  refilmed. 
Such  items  have  been  identified  in  the  contents  list  for  this  volume. 

A  very  complex  nexus  of  litigation  is  represented  in  these  five 
volumes.  In  addition  to  the  Patent  Office  litigation  and  the  main  case  of 
Atlantic  and  Pacific  Telegraph  Company  v.  Prescott  et  al.,  documents 
from  at  least  six  other  suits,  filed  during  1874-1878,  appear  in  these  five 
volumes  either  as  exhibits  within  the  Atlantic  and  Pacific  case  or  as 
individual  documents  in  the  volume  of  Telegraph  Law  Cases.  Most  of 
these  suits  relate  to  the  question  of  ownership  of  Edison's  quadruplex  and 
involve  Edison,  George  Harrington,  George  Prescott,  Western  Union,  and 
the  Atlantic  and  Pacific  Telegraph  Company  in  shifting  combinations  as 
plaintiffs  and  defendants. 

A  chronological  list  of  the  litigation  represented  in  the  four 
Quadruplex  Case  volumes  and  Telegraph  Law  Cases-Miscellaneous 
follows. 


A  Chronological  List  of  Litigation  Represented  by  Documents  in 
Quadruplex  Case  (QC)  Volumes  70-73  and  in  Telegraph  Law  Cases  (TLC) 


I.  Daniel  H.  Craig  and  James  B.  Brown  v.  George  Harrington,  George 
Little,  Thomas  A.  Edison,  the  Automatic  Telegraph  Company  and  the 
National  Telegraph  Company.  Superior  Court  of  the  City  of  New  York. 
October  8,  1874. 

1)  A  copy  of  the  Bill  of  Complaint  appears  as  Plaintiff's  Exhibit 
Z.8  in  Atlantic  and  Pacific  Telegraph  Company  v.  Prescott  et 
aL,  QC  vol.  70. 

II.  In  the  matter  of  the  application  of  George  B.  Prescott  and  Thomas  A. 
Edison  for  letters  patent,  dated  August  19,  1874;  opposed  by  George 
Harrington,  by  petition  dated  January  23,  1875.  (This  proceeding  is 
entitled  "Harrington  and  Edison  v.  Prescott"  on  some  of  the  documents.) 

1)  Letters  of  George  B.  Prescott  to  the  Commissioner  of 
Patents,  in  reference  to  the  inventions  conveyed  by  the 
assignment  of  Thomas  A.  Edison  for  duplex  and  quadruplex 
telegraphy.  QC  vol.  72. 

2)  Argument  for  Prescott.  QC  vol.  72. 

3)  Argument  on  behalf  of  Edison.  QC  vol.  72. 

4)  Statement  of  George  Harrington  of  his  relation  with  Thomas 
A.  Edison,  and  his  improvements  of  fast  telegraphy.  QC  vol.  72. 

III.  Western  Union  Telegraph  Company  v.  Thomas  A.  Edison  and  George 
B.  Prescott.  In  Chancery  of  New  Jersey.  January  28,  1875. 

1)  Bill  of  Complaint  and  Injunction.  TLC.  A  copy  of  the  Bill  of 
Complaint  only  appears  as  Exhibit  Z.6  in  Atlantic  and  Pacific 
Telegraph  Company  v.  Prescott  et  al.,  QC  vol.  70. 

2)  Answer  of  Thomas  A.  Edison.  QC  vol.  72. 

IV.  In  the  matter  of  the  appeal  of  Edison  and  Harrington  from  the 
decision  of  the  Commissioner  of  Patents  of  March  20,  1875,  to  the  Hon. 
the  Secretary  of  the  Interior.  (This  proceeding  is  entitled  "Harrington  and 
Edison  v.  Prescott"  on  some  of  the  documents!) 


1)  Argument  for  Edison.  QC  vol.  72. 

2)  Argument  of  Smith  and  Redington  of  counsel.  QC  vol.  72. 

3)  Brief  in  behalf  of  Edison  by  Benjamin  Butler.  QC  vol.  72. 

4)  Brief  in  behalf  of  George  Harrington.  QC  vol.  72. 


[List  of  litigation,  p.  2] 

5)  Reply  of  counsel  for  Prescott  to  the  respective  briefs  of 
counsel  for  Edison  and  Harrington.  TLC. 

6)  Brief  in  behalf  of  Harrington,  in  reply  to  briefs  of  counsel  for 
Prescott.  QC  vol.  72. 

7)  Affidavit  of  Thomas  A.  Edison  in  regard  to  his  inventions  of 
duplex  and  quadruplex  telegraphy.  Notarized  April  27,  1875. 

(This  item  may  be  related  to  the  1875  Western  Union  v.  Edison 
and  Prescott  litigation  rather  than  to  the  Patent  Office  appeal.) 
QC  vol.  72. 

8)  Argument  for  Prescott.  This  is  a  separate  14  page  pamphlet 
not  found  in  the  five  bound  volumes.  It  has  been  filmed 
immediately  following  QC  vol.  72. 

V.  In  the  matter  of  charges  preferred  by  George  B.  Prescott  against  Z.F. 
Wilber,  a  Principal  Examiner  in  the  United  States  Patent  Office. 

1)  Letter  of  George  B.  Prescott  to  the  Hon.  R.  Holland  Duell, 
Commissioner  of  Patents,  preferring  charges  against  Z.F.  Wilber, 
a  Primary  Examiner  in  the  United  States  Patent  Office. 
December  18,  1875.  QC  vol.  72. 

2)  Brief  of  George  B.  Prescott.  QC  vol.  72. 

3)  Statement  and  brief  of  Z.F.  Wilber,  accompanied  by  critical 
and  explanatory  notes  by  Prescott.  QC  vol.  72. 

VI.  Atlantic  and  Pacific  Telegraph  Company  v.  George  B.  Prescott, 
Western  Union  Telegraph  Company,  Lemuel  W.  Serrell  and  Thomas  A. 
Edison.  Superior  Court  of  the  City  of  New  York.  April  11,  1876.  (The 
"Quadruplex  Case"  presented  in  volumes  70,  71  and  73). 

1)  Amended  Bill  of  Complaint.  May  21,  1877.  QC  vol.  70. 

2)  Answer  of  George  B.  Prescott.  May  13,  1876.  QC  vol.  70. 

3)  Answer  of  Thomas  A.  Edison.  1876.  QC  vol.  70. 

4)  Answer  of  Western  Union  Telegraph  Company.  May  28, 

1877.  QCvol.  70. 

5)  Answer  of  George  B.  Prescott  to  Amended  Bill  of 
Complaint.  May  28,  1877.  QC  vol.  70. 

6)  Plaintiff's  Exhibits.  QC  vol.  70. 

7)  Testimony  for  Plaintiff.  QC  vol.  70. 

8)  Testimony  for  Defendants.  QCvol.  71. 


[List  of  litigation,  p.  3] 


9)  Defendants' Exhibits.  QC  vol.  71. 

10)  Plaintiff's  Testimony  in  Rebuttal  and  Exhibits  put  in  on 
cross-examination  of  Defendants'  Witnesses.  QC  vol.  70. 

11)  Briefs,  Arguments,  Statements  of  Facts  and  Points.  QC 
vol.  73. 

12)  Findings.  3une  3,  1878.  QC  vol.  73. 

13)  Opinion.  Sanford,  3.  3une  3,  1878.  QC  vol.  73. 

VII.  Thomas  A.  Edison  and  George  Harrington  v.  Western  Union 
Telegraph  Company;  George  B.  Prescott:  the  Honorable  R.H.  Duell. 
Commissioner  of  Patents;  and  the  Honorable  Z.  Chandler,  Secretary  of 
the  Interior.  Supreme  Court  of  the  District  of  Columbia.  May  11,  1876. 

1)  Bill  of  Complaint.  Appears  as  Exhibit  17  with  the  Bill  of 
Complaint  in  Western  Union  v.  Harrington,  Edison  et  al.  TLC 
(See  numeral  X  below). 

2)  Brief  on  behalf  of  Complainants.  TLC. 

VIII.  George  Harrington  and  Thomas  A.  Edison  v.  Atlantic  and  Pacific 
Telegraph  Company  and  3ay  Gould.  Southern  District  of  New  York.  May 


1)  Bill  of  Complaint.  Appears  as  Defendants'  Exhibit  35  in 
Atlantic  and  Pacific  Telegraph  Company  v.  Prescott  et  al.  QC 
vol.  71  (See  numeral  VI,  9  above). 

IX.  Thomas  A.  Edison  and  George  Harrington  v.  Western  Union  Telegraph 
Company  and  George  B.  Prescott.  Southern  District  of  New  York. 

October  23,  1876. 

1)  Bill  of  Complaint.  Appears  as  part  of  Exhibit  18  with  the 
Bill  of  Complaint  in  Western  Union  v.  Harrington.  Edison  et  aL 
TLC  (See  numeral  X  below). 

2)  Demurrer  of  Western  Union.  February  5,  1877.  Appears  as 
part  of  Exhibit  18,  cited  above,  TLC. 

3)  Demurrer  of  George  B.  Prescott.  February  5,  1877.  Appears 
as  part  of  Exhibit  18,  cited  above,  TLC. 


[List  of  litigation  p. 


X.  Western  Union  Telegraph  Company  v.  George  Harrington;  Thomas  A. 
Edison;  Atlantic  and  Pacific  Telegraph  Company;  3ay  Gould;  Samuel  Mills; 
and  Josiah  C.  Reiff;  Thomas  A.  Edison,  William  M.  Seyfert,  William  3. 
Palmer,  Henry  L.  Dallett,  3r„  Augustus  B.  Ward,  and  Robert  W.  Russell  as 
Trustees  of  the  American  Automatic  Telegraph  Company;  and  George  B. 
Prescott.  Superior  Court  of  the  City  of  New  York.  February  21,  1877. 


1)  Summons  and  Bill  of  Complaint.  TLC. 

2)  Affidavits  and  Injunction  Order.  TLC. 


Other  Documents  at  the  Edison  National  Historic  Site 
Relating  to  Telegraph  Litigation  (Not  Filmed) 


In  addition  to  the  five  microfilmed  volumes  of  telegraph  litigation, 
the  Edison  National  Historic  Site  also  has  several  other  bound  volumes  and 
printed  briefs  relating  to  the  case  of  George  Harrington  and  Thomas  A. 
Edison  v.  Atlantic  and  Pacific  Telegraph  Company  and  Jay  Gould,  which 
was  kept  alive  in  the  federal  courts  until  1913.  (The  bill  of  complaint  in 
this  suit  appears  as  Defendants'  Exhibit  35  in  Quadruplex  Case  Volume  71 
on  the  microfilm.) 

Exhibits  and  testimony  from  a  1905  hearing  in  the  federal  court  for 
the  Southern  District  of  New  York  appear  in  a  450-page  volume  entitled 
Pleadings,  Depositions  and  Proofs  for  Final  Hearing.  After  deciding  in 
favor  of  Harrington  and  Edison,  the  district  court  referred  the  case  to  a 
Master  who  was  to  conduct  an  accounting  and  fix  damages.  Testimony 
and  exhibits  from  this  proceeding  appear  in  an  814-page  volume  entitled 
Testimony  Before  the  Master.  The  archive  at  the  Edison  National 
Historic  Site  also  contains  printed  copies  of  briefs  relating  to  subsequent 
appeals  of  this  case  to  the  U.S.  Circuit  Court  of  Appeals  and  the  U.S. 
Supreme  Court. 


QUADRUPLEX  CASE  VOLUME  72  -  CONTENTS 


Hodg«?rlty  °f  InVention*  Reducin8  an  Invention  to  Practice  by  S.A. 

pa™Phl!it  reprinted  from  the  American  Law 
Register  for  October  and  November,  1  %72.  - - 

referen^rL°fh»e-0rge5’  Prescott  to  the  Commissioner  of  Patents  in 

z.zr^L . 

9  page?.  EXam,ner  ln  the  United  States  Patent  Office.  December  18,  1875. 
Patent  Office.  [1876].  34  pages.  ?  Examlner  ln  the  United  States 

against  Wilber.TlIVe"] 55^1°'  Charge$  Pfeferred  by  Prescott 

B.  P^Zeandf°4om^rASCp^  in  tbe  7,atter  of  the  application  of  George 
i S7heSC0tt  .n?  Thomas  A.  Edison  for  letters  patent,  dated  August  1 9  8 
^fpage^05  Y  Ge°rge  HarrinSt°n-  b7  Petition  dated  January  23,  1875. 

LrrfrfT61?  f°r  u ' r*  Edi.s?n  in  the  matter  of  the  appeal  of  Edison  and 

20,  1875°to  the1  Hon  °t the  Commissioner  of  Patents  of  March 

pages.  ’  Secretary  of  the  Interior.  May  4,  1875.  15 

S:  hssiss 'omS"  r.^n';tH“rine“"  *nd  “**>" 
sstsiss  “r“ ■«» 

patent  to  issue  to  himself  and  George  Harrington.  [1875].  58  pages. 


[QC  vol.  72  contents,  p.  2] 

12.  Brief  in  behalf  of  George  Harrington  in  the  matter  of  Harrington  and 
Edison  v.  Prescott,  upon  application  to  the  Honorable  the  Secretary  of  the 
Interior  for  certain  letters  patent  to  issue  to  Thomas  A.  Edison  and 
George  Harrington.  [1875].  9  pages. 

13.  Reply  of  counsel  for  Mr.  George  B.  Prescott  to  the  respective  briefs 
of  B.F.  Butler,  Esq.,  counsel  for  Edison,  and  John  H.B.  Latrobe  and 
Leonard  Myers,  Esqs.,  counsel  for  Mr.  Harrington,  in  the  matter  of  the 
appeal  of  Edison  and  Harrington  from  the  decision  of  the  Commissioner  of 
Patents  of  March  20,  1875,  to  the  Secretary  of  the  Interior. 

Not  filmed.  Another  copy  with  annotations  in  Edison's  hand  is 
filmed  in  Telegraph  Law  Cases. 

14.  Brief  in  behalf  of  George  Harrington,  in  reply  to  the  briefs  of  counsel 
for  George  Prescott  in  the  matter  of  Harrington  and  Edison  v.  Prescott, 
before  the  Secretary  of  the  Interior.  [1875].  7  pages. 


15.  Bill  of  Complaint  and  Injunction.  Western  Union  Telegraph  Company 
v.  Thomas  A.  Edison  and  George  B.  Prescott.  In  Chancery  of  New  Jersey. 
January  28,  1875. 

Not  filmed.  Another  copy  with  annotations  in  Edison's  hand 
is  filmed  in  Telegraph  Law  Cases. 


16.  Answer  of  Thomas  A.  Edison.  Western  Union  Telegraph  Company  v. 
Thomas  A.  Edison  and  George  B.  Prescott.  In  Chancery  of  New  Jersey. 
May  20,  1875.  29  pages. 

17.  Rules  of  Practice  in  the  United  States  Patent  Office.  September 
1875.  72  pages. 

18.  Affidavit  of  Thomas  A.  Edison  in  regard  to  his  inventions  of  duplex 
and  quadruplex  telegraphy.  April  27,  1875.  21  pages. 

19.  Telepost.  A  System  of  Automatic  Rapid  Telegraphy.  Advance 
Prospectus  No.  6538.  Undated;  ca.  1907-1908. 

A  12  page  circular  containing  information  on  the  Telepost 
system.  Its  developer,  Patrick  B.  Delany,  was  an  associate  of 
Edison's  in  the  Automatic  Telegraph  Company  during  the  early 
1870s. 


20.  Argument  for  Mr.  Prescott  in  the  matter  of  the  appeal  of  Edison  and 
Harrington  from  the  decision  of  the  Commissioner  of  Patents  of  March 
20,  1875,  to  the  Honorable  the  Secretary  of  the  Interior.  14  pages. 

Although  this  pamphlet  is  not  bound  in  Volume  72,  Prescott's 
argument  is  part  of  the  Patent  Office  proceedings  involving 
the  title  to  Edison's  duplex  and  quadruplex  patent  applications 
and  has  therefore  been  filmed  with  related  documents  in  this 
volume. 


PRIORITY  OP  INVENTION. 


[Reprinted  from  the  American  Law  Register  for  October 


rmoniTY 


INVENTION. 


pon  which  it  is  to'oporato,  and  the  moans  by  which  it  is  to 
o  carried  into  cOcct.  »  . 

2.  Another  thing  to  ho  considered  is  the  iongtlx  of  timo 
Inch  a  man  may  spnd  in  maturing  his  device,  and  still 
laintain  his  right  to  It  over  others  who  mennwliilo  light  upon  • 
t  and  reduce  it  to  practico.  Tlioro  is  evidently  no  absolute 
imit  to  bo  measured  by  days  or  yonrs,  ns  was  in  effect  ob- 
erved  by  Judge  Woodbukv.  No  such  limit  can  bo  pro- 
cribcd;  tlioro  may  bo  mnoliinos  so  complicated  ns  totako  tlio 
riginator  all  his  dnys  to  complote  them.  Babbage,  with  his 
^surpassed  ingenuity  and  industiy,  left  his  most  important 
ne  unfinished  for  want  of  timo.  lnvontors  of  this  ordor  will 
lot  often  linvo  rivals,  however  ;  mid  controversies  will  rarely 
rise  in  which  it  will  bo  necessary  to  givo  nny  such  latitude 
o  tho  rulo.  The  character  of  tho  improvement  will  usually 
iirnish  n  sufficient  oritorion  n3  to  tlio  tim6  which  may  bo 
llowed  for  elaborating  it.  Tho  inventor  should  undoubtedly 
mve  all  that  is  fairly  requisite  for  removing  whatovor  dim- 
sultics  hinder  tlio  successful  working  of  his  dovieo.  It  seems 
reasonable,  also,  that  ho  should  bo  allowed  to  complete  such 
Dthcr  inventions  as  nro  connected  with  it  so  closely  that  thoy 
nro  essential  to  its  advantageous  operation. 

There  is  hut  one  qualification ;  tho  diligence  must  be  ren- 
lonnblo.  This  is  generally  considered  to  admit  of  tho  pursuit 
being  suspended  when  sickness,  destitution,  or  other  hin¬ 
drances  beyond  control,  prevent  its  being  prosecuted.  It 
must  not  bo  understood  that  a  man  may  Tny  it  aside  while 
engaged  in  othor  occupations,  because  thoy  nre  more  premia-  . 
ing.  Tho  following  remarks  of  Judge  Mebbick,  made  in 
Widtenham  v.  Singer,  Sup.  Court  of  Hist,  of  Columbia,  will 
^r  repenting  here,  since  tlioy  are  almost  the  only  ones; 
“qunent  to  tho  subjects  which  linvo  appeared  in  print. 
The  measure  of  poverty,"  (property)  “  which  orio  must  pos¬ 
sess  boforo  ho  is  required  to  oxoroiso  nny  diligence  to  prosecute 
his  rights  is  not  to  bo  found  in  tho  statute.  It  is;  an  oxcuse 
vory  readily  mndo,  which  yot  should  not  be  too  readily,; 
istoned  to.  If  a  man  bo  utterly  destitute  of  money,  without 
frionds,  and  incnpablo  thereby  of  prosecuting  an  enterprise, 
much  indulgence  may  bo  shown  him ;  but  where  ho  has  the 
moans  of  carrying  on  enterprises  ,of  a  kindred  sort,  equally.: 
do„manding  monoy  nnd  friends,  and  does  carry  them  on, :  his 
ol  ction  topursuo  those  othor  enterprises  will  not  be  regarded 
in  the  law  as  an  oxeuso  for  tho  dolay  in  tho  one  where  valu¬ 
able  rights  of  othors,  equally  moriforious  ns  himsolf,  and  in  the 
outset  of  thoir  successful,  strugglo,  .  equally  poor,  are  to  be 
prejudiced.  An  election  thus  mndo  for  his  supposed  advan- 


PRIORITY-  OF  INVENTION, 


PRIORITY 


tnge  or  gratification  at  tlio  time,  according  to  tho  plainest 
principles  of  equity,  must  not  bo  invoked  to  the  detriment  of 
another  innocent  party."  This  extract  ombodics  in  n  vorv 
good  degree  the  spirit  tvhioh  should  govern  in  determinm* 
questions  like  tlioso  under  consideration  8 

Nearly  all  the  general  principles  which  have  bcon  here 
7  wX683Cr0  Woolen  Co.v.  JorJ™ 

sfsSSp'-pas 

industry.  Whore  two  ®»r  with  proiier; 

been  dm  first  to  conceive  of  flbnim  ‘0lr  t“los  upon  hav'"8i 
will  be  determined  in  favor  of  thn  n^’T01"0'1!’  tho  uollto3t 
without  unreasonable  interrupt, ?0° ^  ,“n  sh|°'v1<lil,eon,c8i 

earliest  poriod,  provided-he  t  en  *  g:  1?lck  to  tho 
the  device.  en  aa(* ln  view  the  germ  of; 

wlmteKKi!:^  that  every  one 

two  years  for  coini)]otinfr;».  \iIn4V?lll,.oa  lH  entitled  to  take 
olso  can  forestall  him  ofVs’riim  |  “nng  |hat  l10rioJ  »°  ono 
to  practice,  though  ho  has  patent  by  reducing  it ; 

This  is  evidently  derived  from  t?r  ^  “plated  it  meanwhile.  \ 
1870,  corresponding  to  to n  24-U  8aotio11  of  Ret  of  ! 
tho  act  of  1839.  fn  this  se^Ho""011 lho  ,7tl‘  seotion  o^’ 
scribed  which  must  bo  r  1 '  c?r,tm.n  conditions  are  r* 

I 

allord  tho  least  ground  for.  the  imm™  •  *  '  ?!"8  does  not  ' 
mentioned.  It  relievos  an :invento?Tn  wl,,oh  luw  been  i 
presumption  of  having  donated  Ids  (L  °  exlo,lt  from  tho  ! 

But't  r  d t°i!,or'vi80  “*0  from  h  8 “ellTn '°  tie  pubI,V  ■ 
But  it  does  not  dispense  with  his  n.i„„  fie,,Ing  or  using  it!-  ' 
m  perfecting  it,  nor  remit  tho  Zaltv  diligonco'  ■ 

gence  It  waives  the  right “ffffe'-fjo  ] 


forfeiture  ho  inours  by  suoh  sale  or  uso,  but  it  does  not  inter- 
Tero  between  him  and  his  rivals,  nor  undertako-to  impair  the 
right  they  may  acquire  by  their  superior  diligence.  Tho 
[first  to  invont  is  prima  facie  entitled  to  a  patont.  I  bo  law 
[says,  howovor,  that  one  who  conceived  it. previously  slinll  bo 
[preferred  to  him,  .upon  this  condition,  that  bo  lias  .used  ren- 
[sonablo  diligence  iu  adapting  and  .perfecting.  Is  this  eondi-  . 
Rion  dispensed  with,  because. tho  statute  rcliovcs  one  who  bus 
Isold  or  used  tho  invention  for  two  years  from  tho  eliargo  ol 
shaving  abandoned  it?  There  is  not  tho  remotest  connection 
[between  these  several  provisions  of  tho  statute ;  nnd  there  is 
fco  foundation  for  the  notion  that  tho  inventor  who  wishes  to 
[maintain  his  titlo  to  a  dovico  which  has  occurred  to  him,  need 

plot  enter  upon  the  elaboration  of  it  .for  two  years. 

II.  -Tho  next  in  right  among  sovoral  claimants  or  an  in¬ 
vention, is  ho  who  was  'tho -first  torodueoit  to  practice.  Pri- 
Lma  facie,  as  it  is  sometimes  .expressed,  tlio  first  to  put  in 
practice  is  the  one  ontitled  to  a  patont.  Ho  gives  place  to 
[  no  one  elso  oxcept  tho  one  whoso  titlo  has  boon  already  dis¬ 
cussed  Evon  n  patent  in  tho  hands  of  his  rival  cannot  pre¬ 
judice  him.  This  wns  so  well  assorted  by  Judge  Sprague, 
in  Johnson  v.  Root,  1  Fish.  351,  that  his i  language  should  be 
repeated:  “If,  gontlomen,  the  invention  was  perfected,  as  I 
have  ulrendy  said,  or  if  not  perfected,  if  Mr.  Johnson  used 
reasonable  diligence  to  porfect  it,  then  lio  lmd  a  right  to  have 
it  incorporated  into  his  patent,  nndto  supersede  those  who 
had  intervened  between  his  first  invention,  or  discovery,  nnd 
■his  subsequent  Inking  out  of  his  patent.  If  lie  lmd  not  per¬ 
fected  it,  nnd  did  not  uso  duo  diligenco  to  carry  it  into  elleet,  and 
in  the  meantime,  boforo  ho  got  his  patent,  somobody  olse  lmd 
invented,  and  used,  nnd  incorporated  into  a  .usoful,  praoticnl 
..maobino  tlintmode  of  feeding,  tbon  ho  could  not  by  a  subse¬ 
quent  patont  appropriate  to  himself  what  was  embraced  in 
the  former  mncliino,  botwoon  bis  onvont  nnd  tlio  obtaining  oi 
ibis  patent,”  p.  869.  Hero  wo  have  recognized  not  only  Lho 
suporior  right  of  tho  first  to  concoivo  who  has  boon  indus¬ 
trious  in  maturing,  over  one  who  was  first  to  reduce  to  prne- 
tice,  but  also  tho  superior  right  of  tlio  lattor  ovor  tlio  first  to 
conceivo,  if  ho  has  bcon  remiss,  as  well  as  over  the  putentee. 
Tho  snmo  viows  wore  enuncintcd  by  Judgo  Uai.l,  in  Ransom 
v  Manor.  1  Pish.  262,  ns  this  excerpt  from  bis  decision  will 
ahow  :  “If  the  plaintiff -did  not  uso  reasonable .  diligenco  to 
porfeot  tho  invention  patented  after  tho  ulen  or  ltwns  lirst 
concoivcd,  and  in  tbo  monntimo  other  persons  not  only  con¬ 
ceived  tho  idea,  but  perfected  tlio  mvontion,  and  practically 
appliod  it  to  public  uso,  boforo  the  invention  of  the  plnintilt 


hud  been  so  fnrporfcotccl  that  it  could  bo  applied  to  practical? 
use,  the  plmntifls  patent  is  void,  becauso  tlioy  were  not  tho 
first  and  original  invontors  of  tho  thing  patented.”  p?  272  It 
is  unnecessary  to  make  other  citations  to  establish  the  doe- 
trmes  set  forth  m  the  previous  pages,  or  to  explain  them. 

It  is  not  projiosod  to  mquiro  at  this  time  wherein  consists: 
S  E8  “  JnvoiUion,  or  putting  it  in  use,  or  reducing 
£‘°  prfv°‘‘ce'  * 1,0,1  18  sP°hen  oi  in  tho  extmets  which  have:' 
m  lgi  lh“  “““"“‘•on  of  that  subject  is  postponed 
"  ?  Is  the  present'  pur-  > 

Son  1  itJ!n?°ublcd  y  rcclllires  that  the  iuven- 

ur*ouldrl]'Zcdl«ci°t  irpubl’icrrumy 

should,  m  order  to  bis  consistent  with  themselves,  as  well  as 
in  nceordanco  with  tho  system  of  patent  laws 
tJ:  ‘  b“  P'.oJ’f  V  been  observed  tliat  only  two  stages  ofroa-  i 
turity  to  which  an  invention  may  bo  brought  are  recognized  5 
of  .,leso.l,nSos'  thus  far,  as  having  any  bearing  upon  the  rights 

of  he  mven tor;  one  in  which  he  has  distinctly  eSed 
h  stl  b  ncly  r  °l?;a,,(,m  Upon  "htotoiOtimiuoly  attains 
V'S  obJ.ect-  right  to-do  it  at  this  time  is  contingent  and 

other  idS  rlmnl"  1  1,g°T  bri%ri,,S  il‘o  perfection.  ’l’ho 
other  is  when  ho  has  made  a  practical  working  machine  om- 

*  Hisytit£  to  ittsail“nd  ^"S10mp,Td  U  in  “otual  operation. 

'  1118  t0  11 18  then  absolute,  and  can  never  be  impugned  bv 
toyboUnaXrni  fSl!0Vnr0r-i  This  is  undoubtedly  the  latrine  , 
Irt  nT  Zd-f?1i1°  decisions  of  the  .courts.  Nothing/ 
s “Oi  ‘  Of  what  is  technically  called  a  reduction  to  practical 
previously  achieved,  will  enable  one  to  sustain  a  oatSS 

ofthfuJund^r^n  ArYvl‘0,nov,°r  “  Intent  is:JLiijecK 

limt  ot,llors  ,lmtl  mndo  ‘ho  invention  before  tho 
MS tho  .dofons?  llas  al'V“J;8  been  hold  to  strict  proof  that  ? 
the  prevu.ua  invention  was  in  like  manner  reduced  to  prae- 
the  1n?mStlPP°  p  °t  t,  "a’  O  13  0,loll8h  on  this  occasion  to  quote  !i 
K  h  ltW"1'.80  Spragok,  in  mu*v.,UrUUrwaod,\  i 
idp,h-h1G°r  T  "S  .ls  >m1P°r‘«»‘  ‘o  bo  understood,  beeauso  the  ; 
idea  has  been  earned  all  a  ong,  that  if  a  prior  Inventor  has  : 
gone  to  a  certain  extent,  although  lie  fall  short  of  making  a 
complete  machine,  practically  useful,  those  who  eomo  a^or 
have  no  ngh  to  secure  to  themselves  the  advantage  of  the 
invention.  .Ill  is  is  not  law.”  p.  100.  If,  indeed,  either  party 
robes  upon  having  eoneoived  iho  idea  boforo  the  othcr'ancl 


viuca  mat  t lio  idea  upon  which  it  depends  was  distinctly 
prohoiulcd.  This  is  ono  of  the  jjeriods  to  which  tho  law 
tachcs  significance.  Tho  only  other  ono  recognized  in 
judicial  tribunals  is  when  it  has  been  carried  into  pracl 

III.  Tho  rights  of  patentees  arc  next  to  be  considered. 

These  requiro  no  sup|x>rt  from-  decisions.-  Thoy  are 
Ixxlictl  in  tho  grant,  and  arc  established  unci  defined  un 
the  authority  of  tho  national  legislature.  They  need  onlj 
bo  discussed  in  order  to  doterinmo  under  what  cireumstm 
thoy  must  yield  boforo  tlioso  of  a  competitor.  It  is  not 
design  of  this  paper  to  treat  of  all  tho  defenses  which  n 
bo  set  up  against  an  action  for  an  infringement.  But 
have  scon  that  a  patentee  must  give  way  before  ono  who 
reduced  the  invention  to  praotioo,  and  that  both  must  yi 
to  tho  ono  who  has  conceived  before  either  of  thorn,  and 
been  industrious  in  bringing  it  to  perfection. 

Although  an  inventor  1ms  no  remedy  against  those  w 
use  his  discovery  until  he  obtains  a  patent,  without  which 
has,  indeed,  no  rights  in  it  which  tho  law  will  recognize,  il 
by  no  means  essential  that  be  should  lmvo  one  in  order 
defeat  a  suit  brought  by  another  patentee,  who  made  the 
vention  after  him.  It  is  enough  to  show  in  defense  that 
reduced  tho  invention  to  practice  before  tho  plaintiff  . 
was  said  by  Judge  WooDMjnv,  in  Coll  v.  Mm,  Arms  Co. 
Pish.  108 :  u  The  foundation  is  struck  from  under  the  feet 
the  plaintiff  if  tlio  defendant  is  able  to  show  that  there  wc 


practice,  find  that  mnttor  is  to  bo  examined  horoafter.  in  an- 
otlior  nrticlo.  When  wo  come  to  inquire  liow  controversies 
between  rival  mvontors  aro  settled  in  the  Patent  Offico,  wo 
shall  had  more  room  for  doubt. 

I  do  not  propose  at  present  to  examino  at  length  into  the 
deoisions  ol  the  1  atont  Offico,  and  of  tbo  Appellate  Tribunal, ? 
the  District  Court,  now  tiio  Supremo  Court  of  the  District 
ol  Columbia.  It  would  not  bo  easy  to  reconcile  them,  nor  is 
it  nil-important  for  our  purpose.  It  is  sufficient  to  deduco  . 
from  thorn  two  rules  which  may  bo  considered  ns  well  ostab- S 
h0U8l‘  not  “  Pensively  npplicd| 
Ono  of  these  is  that  tbo  earliest  ono  to  apply  for  a  patent  - 
is  presumed;  to  be  the  first  inventor,  until  Wo  wntran'k 

St  i"  JtiLn’o,1& in-  ihii 

siasfc- 

v.  Itwhardson,  Commr.  Detl.  1870, p.  81.  The  filing  of  an 
W^fonis,  furthermore,  the  most  cflcctunl  stop  toward  i 
®“,nrnu.''icntmg  tbo  bonofits  of  tbo  discovery  to  the  world  "< 
It  lias, m  fact/  all  the  morits  that  a  rcdiietion  to  prnotico  was"  ' 
pi  o viously  intended  to  securo.  Accordingly,  it  is  sometimes 
Sf™  °f  .M. "  reduction  to  practice,  and  regarded  as  vesting 
tbo  samo  ngbts  and  privileges  in  tbo  applicant.  °  - 

tbc  Pa.m  'nn-  -10.,^  .olimi"^d  from  tlm  proceedings  of 
the  1  atont  Office,  is  that  m  ordor  to  establish  priority  of  in- 
•  ventiOn  it  is  necessary  to  show  a  reduction  of  the  device  to 
form,  consisting1  in  tbo  embodiment  of  it  in  some  such  sliaiio  ! 

frbmdt  ob^nrant'1  *5?*  b,m'<l1*  o6ultl  construct  tbo  apparatus  | 
iromit,  or  practice  the  process  contomphitbd.'  In  this  respect  •; 

a  sneuWlmrinrn“nC0  ,B0 Yoral  d«oi?ions  which  require  that  \ 

f  published  description,  which  is  relied  upon  ■ 
to  defeat  a  patent,  should  be  equally  full  and  oxplioit.  It  ‘is  - 
iPnl„rl‘°iapf k  °f  T1  nn  embodiment  ns  a  rcSnoing  ofan 
*?  foT'  aijd  bonce  to  infer  that  this  is  all  that  is  I 
intended  when  the  phrase  is  used  iir  the  reports.  » It  signiflS  I 


1'nonymous  with  reducing  to  ]irnotico.  Judge  Stoht,  fo 
istaneo,' says  in  Heed  v.  Cutter,  1  Story  590:  “In  a  rnco  o: 
iligcnco  between  two  independent  inventors,  lie  who  firs 
sduccs  liis  invention  to  a  fixed,  positive  and  practical  form 
ould  scorn  to  bo  outitlod  to  a  priority  of  right  to  a  paten 
lorofor."  p.  599.  On  the  other  hand,  bo  says  in  tbo  saihi 
nso:  “Under  ourpatont  laws,  no  porson,  who  is  hot  at  onci 
10  first  ns  woll  as  original  inventor,  -by  whom  the  invontioi 
ns  been  put  in  actual  uso,  is  entitled  to  a  patent.”  p.  598 
o  that  to  ontitle  himsolf  to  a  patent  by  reducing  liis  idei 
i  form,  tho  invontor  must  also  linvo  put  it  in  actual  use.' 
However  just  and  well  founded  theso  rules  may  bo,  wlion 
roporiy  applied,  thoro  can  bo  no  doubt  but  that  tlioy  have 
ion  carried  too  far,  on  somo  occasions.  When  tlio  title'  oi 
patentee  lias  boon  sut  nsido,  and  the  rights  of  ono  who  hni 
been  tbo  first  to  put  'an  invention  in  nutunl  uso  h'nvo  boot 
isregarded  in  favor  of  him  who  had  moroly  rondo  a  drawing 
:  n  model  showing  tlio  device,  it  is  evident  that'  the  dccis 
■ns  of  "tho'  courts  liiive  beon  ontiroly  overlooked,  and  the 
Tico  lias  proceeded  in  granting  patents  upon  principles  alto- 
3tlier  different  from  those  wliicli  prevail  in  tho  judicial  tri- 
unals  of  tho  country. 

When  a  judgo  is  considering  tho  validity  of  n  patent  wliioli 
vs  been  assailed  for  want  of  novelty  in  tho  invention,  ant 
lien  tho  Patent  Office  is  called  upon  to  determine  whcthoi 
will  issuo  a  patent  for  an  invention  for  which  it  lias  already 
-anted  one,'  or  which  of  two  competitors  shall  have  one,  the 
icision  of  both  tribunals  should  bo  governed  by  tho  rights  of 
to  parties.’  No  9110  will  suppose  that  tlioso  rights  are  modi- 
3d1  in  consequence  of  tlioir  boing  tried  by  ono  rather  tliiui 
10  other.'  Tlioy  depend  on  tlm  Inw,  which  is  the  same 
horever  it 'is' expounded.  A  different  rulo  would  not  be 
Icrntcd  in  any  civilized  community ;  a  rule  whioli  should 
ve  a  man  a  titlcwbcn  considered  in  ono  place,  which  would 
i  denied  him  if  considered  in  another,  making  liis  titlo  do- 
ind  not  on  any  uniform  principle  of  universal  prevalence, 
it  on  thoscono  wlioro  tho  investigation  of  it  was  conducted, 
Admit  such' a  jiractice,  and  tlio  result  would  follow  that -oh 
-some  =  occasions’  tho  Patent’  OfTieo  would  grant  monopolies 
wiiichtho  courts  would  hot  only  rofuso  to  enforco,  but  would 
declare  Void.  In  others  it  would  refuse'  n  pntont  to  'the  billy 
person' who  would  be  considered  intho  courts  to  bo  entitled 
*0  it;  Upon  on  interference,  for  ihstnnco,  it  would'dooido ;  in 
favor  of  an  applicant  who  find  made  a  drawing  boforo  his 
adversary,  although  the  lattor-  held  a  pntont,  and  had  p’orfeot- 


cd  it  nnd  engaged  in  tho  manufacture  bcforo  the  other  lmd 
taken  another  step  Yet  upon  a  suit  for  infringing  tho  pat¬ 
ent  obtained  by  such  an  applicant,  it  would  bo  condemned  ns 
invalid  without  hesitation.  If  in  n  similar  controversy  tho 
applicant  should  show  that  ho  reduced  the  invention  to  prac¬ 
tice  before  the  patentee  opiiosed  to  him,  he  would  bo  defeated, 
if  the  latter  was  the  first  to  innko  a  sketch  of  it,  or  oven  do' 
scribe  it  intelligibly.  Yot  m  mi  action-  by  the  latter  ho- 
would  be  told  on  the  same  state  or  facts,  that  ho  had  no  title 
to  tin*,  invention;  that  it  belonged  in  fact  to  his  adversary. 
It  is  only  because  such  views  as  these  are  widely  entertained  5 
and  insisted  on,  that  they  are  noticed  at  such  length  Yet  it 

nms-  0b,gir?ril!bya  Jo-g°  of  tho  Al’l,clllltc  Court,  Mkk- 
niCK  in  Widuraham.'  v.  Smijer,  that  “  it  would  bo  strange 

•  t  ,  „,7S!r"C  Ul°  h'V  “  requiring  ‘he  commissioner  to 
issue  a  patent  upon  a  state  ol  tho  case,  which,  when  next 
that  ,T:±“'rreilt  to  a  aoar,1  of  ]aw  °r  equity,  would  require  5 
that  court  to  pronounce  tho  patent  utterly  void."  In  con¬ 
formity  with  this  is  the  language  of  Touchy,  Alty.  Gen. :  « It 
“ ’impossible  that  an  executive  officer  should  regard  that  as  an 
objection  to  the  grant  of  a  patent  which  tho  courts  of  law  are 
bound  to  overrule  as  unavailable."  5  Op.  of  Atty.Gcn.  18 
It  can  hardly  be  necessary  to  add,  that  the  decisions  of  tho  : 
courts,  the  constituted  expositors  of  the  law-,  ought  to  bo 
balding  upon  tho  office,  and  to  over-ride  its  conclusions 
Beside  all  this,  they  are,  in  fact,  vested  with  direct  authority 
lo,r?Ycrfc  1,6  aet,on  where  they  have  refused  a  patent. 

,  ,  !,as.  "0,“°  to  ]*  recognised  of  late  in  tho  office,  nnd 

several  decisions  of  the  commissioner,  within  two  or  three 
years,  have  fo  lowed  the  decisions  of  the  eourLs  in  thoso  par¬ 
ticulars  in  which  they  were  once  disregarded.  Among  item 
C,«C7lI  tl,e  fiscs  fspuchewin  v.  Richardson,  Bornm. 
Dec.,  for  1870,  p.  81 ;  and  Gray  v.  I  Me,  Id.  for  1871,  p.  120 
l^down'C  f"'  “  autl,0iity'  ,U  b«  considered  safe  to 
S-in  following  as  rules  which  should  govern  the  prae- 

with  the  r^,,J^rSS8mC0  tl,^ar0  itt  U°“fori“ity  ; 
.’,1'  Wher.°  ,of  tjio  parties  to  an  interference  appears  to  : 
have  eonccived  the  idea  of  the  invention  before  the  others  I 
and  to  have  exercised  reasonable  diligence  in  ndnntimr  ami  - 
l!eld0entXflt|UUtil  l!°  reduocd  to  practice,  lie  must  bo  1 
anion  l  V  pai‘?Ilt  competitors.  Even  though  ‘ 

2"  has  reduced,  it. to  practice  .before  him,  or  has  obtained  1 1 
such*  claim!' npP  led  for  ono’  U  wiM  not  1,vail  him  against 
2.  -Whore  no  ono  can  maintain  such  a  claim,  tho  party  ?! 


who  first  reduced  tho  invention  to  actual  practice  must  bo  pro¬ 
nounced  the  prior  inventor,  although  his  competitor  lias  a  patent. 

8.  No  ono  can  bo  adjudged  to  lmvo  anticipated  a  patentee 
who  did  not  oitlier  rcduco  tho  invention  to  praotico  before 
linn,  or  conccivo  it  bcforo  him,  and  rcduco  it  to  praotico  with 
reasonable  diligence. 

Thus  far  wo  are  in  strict  ncoordnnco  with  tlio  law  of  tho 
land,  ns  expounded  by  its  authorized  tribunals.  In  wlint 
“’"Hows  wo  have  no  such  authority  to  guido  us,  but  must  bo 
yorned  by  principles  drawn  from  tho  adjudicated  cases 
:l  the  practico  of  the  offico.  ' 

1.  Where  there  has  been  no  reduction  of  tho  invention  to 
ctiial  practice,  and  noitlicr  party  has  a  patent,  it  would-secm 
s  if  judginont  ought  to  bo  given  in  favor  of  tho  ono  who 
irst  con  ccivcd  tho  iden,  and  labored  diligently  upon  it  until 
-io  had  so  far  matured  it  as  to  mako  a  satisfactory  application 
for  a  patent,  provided  this  antedates  tho  rival  application. 

It  would  be  more  accurate  pcrhnps  to  say  that  tho  ono  who 
carries  back  his  diligent  improvement  of  the  invention  to  tho  " 
earliest  period  should  prevail.  Tho  filing  of  an  application 
ought  to  bo  considered  a  constructive  reduction  to  practice, 
nnd  entitled  .to  so  much  weight  as  this.  1  u 

5.  Eor  tho  samo  reason  it  would  seem  that  tho  title  of  the  . 
first  applicant  should  yield  only  to  thoso  who  had  cither  m  fcW 0 
reduced  tho  invoution  to  practice  first,  or  conceived  it  first, 
and  been  industrious  in  elaborating  it. 

Both  of  those  rules  depond  for  tlioir  force  entirely  on  thoir 
boiug  in  accordance  with  tho  principles  of  tho  system  of  patent 
law.  They  derive  no  support  from  the  rulings  of  tho  courts, 
or  tho  practice  of  tho  offico.  A  patont  granted  in  contraven¬ 
tion  of  them  would  not  bo  condemned  probably  by  tlio  courts 
on  that  account.  They  are  suggested  for  tho  consideration  of 
tlio  offico,  and  it  dopends  entirely  upon- tho  commissioner 
whether  thoy  shall  be  adopted.  ; 

6..  Whore  neitlior  of  tho  parties  can  show  any  such  ground 
for  a  decision  in  his  favor  ns  has  boon  pointed  out,  ho  must 
prevail  who  first  produced  such  a  delineation  of  tlio  invention 
as  would  ennblo  an  expert  in  tho  art  .to  ombody.it  in  a  work¬ 
ing  machine,  or  an  oporativo  process.  It  is  sufficient  if  ho 
has  done  this  in  a  machine  capable  of  work  for  business  pur- 
!  poses,  in  n  working  model,  in  drawings,  or  evon,  as  it  has 
bcou  held,  in  an  oral  description.  ■ 

7.  In  the  absonoo  of  all  othor  grounds  upon  which  to 
determine  suoh  a  controversy,  it  must  bo  decided  upon  the 
presumption  that  tho  earliest  applicant  is  tho  first  inventor. 

:  S.  H.  Homes. 


■12 


REDUCING  AN  INVENTION  TO  PRACTICE. 


DEDUCING  A.N  INVENTION  TO  PRACTICE.  » 

■  There  is  one  stnge  in  the  history  of  nn  invention  to  which 
the  law  attache*  cs|iccinl  significance.  It  is  when  the  author 
tins,  ntndo  such  progress  in  porlhcting  it. as  to  acquire  a  right 
to  a  patent,  of  which  no  one  who  comes  after  him  can  dopriva 
him,  unless  he  forfeits  it  by  his  negligence.  He  has  not  only 
an  indefeasible  claim  to  tho  patent,  but  should  any  other  por- 
son  obtain  one,  it  will  bo  utterly  void.  AVhcn  lie  has  so  far 
completed  his  invention,  die  is.  commonly  snid  to  Imvo  ro- 
duoed  it  to i 'practice.  Hy  this  is  meant  something  more  than* 
a  mere  embodiment  of  it  in  a  visible  form.  What  is  implied 
•in  the  phrase  is,  however,  far.  from  being  well  settled.  A  care- 
•tut  study  of  the  judicial  decisions  -loaves -it  to  some  extent  in 
obscurity  and  doubt.  Thc-following  pages  will  lie  dovoted 
detcrmincTi't111011  °f  thQm'  0,<ler  to  600  how.far  they  .have" 

A  brief  examination  of  the -English  system  -will  die  of  nin- 
Tmll  w?  ■I"  Bl'a  ","a°r'flki'>g-  As  was  remarked  by 
Judge  Stout,  in  Pennock  v.  Dialogue,  2  Peters  1: :  “Many  of; 
the  provisions  of  our  Patent  Act  are  derived  from  the  prim  i 
ofP r?, P™0 VCC  i'»hl<f  'JrV°  l,revni,ed  the  construction  ! 
of  that  of  England.  i  he  construction  of  it  adopted  by 
the  English  courts,  and  tho  principles  and  practice  wliiefi 
have  long  regulated  the  grants  of  their  patents,  as  they  must 
have  been  known,  and  are  tacitly  referred  to  in  some  of  tlio 
jirQvisions  of  our  own  statute,  nllbrd  materials  to  illustrate 

By  the  stalutc.21  Jac.I.c.  83,  commonly  called  tho.Stntuto 
of  Monopolies  all  exclusive  privileges  of  the  character  thus 
sbrnfl  l  !01’  r,  h  ‘i0SB  l,l,eTly  oxisti"K-  those  which 
n  u  1  bo.f ' B™ord  .8raute<*,  'vero  abolished  and  declared 
•  uttLrly  void,  wUh  a  single  exception.  Patents  .for  invention 
were  saved  fi-om  the  operation  of  tho  act  under  .certain  re- 
strictions  embraced  in  the  oth  and  rttli  sections.  As  tho  lat¬ 
ter  embodies  the  only  conditions  upon  which  such  patents 
can  „ow  lie  sustained,  it  Ims  become  customary  to  spink  of 
tho  law  on  this  subject  as  if  ut  wore  founded  on  the  statute 

deHvnal,|‘tt'|e?l‘l!U"S“r  °Xp,;c88  <loclflrutio"  that  the  grants 
derive  all  their  force  from  tho  common  law.  Tho  elauso  in 

t  IiVda1  B0CtlOn,’  T  '  .00l,,ni“?  tl,e  restrictions  in  force  at 
eondemnatiou  pronounced  by -tho 
'le,t.“11  P*,.cnt8 horeaftor  to  bo  made  of  tho 

whtah  rate  nr,rk!"S  °f?ny  ,,n.au”or  of  now  manufactures 
which  othors  at  tho  tnno  of  making  such  letters  patent  and 


DEDUCING  AN  ■  INVENTION  TO.  PRACTICE.  18; 

shall  not  use."  It  is  to  this  single  clause  that  the 
Jritish  courts  have  been  accustomed  to  look  in  considering 
tho  novelty  of  litigated  inventions,  and  all  their  decisions  on 
that  point  havo  been  made  to  rest  upon  tho  interpretation'  of 

Two  conditions  are  evidently  proscribed  by  this  not,  and 
it  lias  always' been  hold  essential  that  tlioy  should  be  com¬ 
plied  with  in  order  to  rendor  ri  pntont  valid.  Olio  is  that  tho ; 
patentee  should  be  “  tlio  true  and  first  inventor"  of  what  was ; 
embraced  in  liis ’monopoly.  It  may  bo  observed  here  that  ns 
it  had  beoii  considered  boforo  tlio  passage  of  the  law,  that  tlio; 
importer  of  nn  invention  from  'abroad,  which  was  “  now  within  ' 
tlio  realm,”  might  havo  a  valid  patent  for  it,  although  he  ob¬ 
tained  it  from  othors;  so  it  was  decided  in  Myberry  v.  Ste¬ 
ven*,  AAT.  Pi  C.  86,  that  ho  was  included  within  tlio  saving 
provisions  of  the  statute,  nnd  this  ruling  is  still  authoritative. 
It  is  of  more  consequence  to  bear  in  mind  that  this  condition 
will  not  bo  held  to  have  been  broken,  although  others  linyo 
made  the  discovery  previous  to  the  patentee,  provided  he  did' 
riot  obtnin  his  knowledge  of  it  from  them,  and  they  have  not ' 

E’ui  it  in  use,  nor'  received  a  patent.  As  was  said  by  Lord  • 
YNPIIUBST,  in  llomehill  Co.  v.  Neilsoh,  AV:  P.,0.-  078:  “The- 
first  person  who  discloses  that  invention  to  the  public  is  the' 
first  inventor."  p..  719. 

The  other  requisite  to  a  valid  monopoly  is  that  “  others  did 
not  use”  the  invention  at _thc  time  of  its  being  granted.  By 
this  it  has  been  understood,  also,  that  tho  supposed  discovery 
has  not  already  como  to'  tlio  knowledge  of  tho  community. 
Tho  reason  assigned  for  this  is  that  the  patent  constitutes  a 
contract  between  tlio  patented  nnd  the  crown,  the  consider¬ 
ation  of  which  on  the  one  part  is  tho  exclusive'  privilege  con¬ 
ferred  on  the  grantee,  and,  on  the  otlior,  tlio  disclosure  of  a; 
new  art  or  mnnufnuturo  to  the  poople.  If. the  nrt  or  manu¬ 
facture  thus  disclosed  is  already  known,  and  n~*  - ' 

leged,  thoro  is  a  failure 'of  tlio  consideration  u| 


,Tv 


winch  thff 
oid,  ns 'all  / 


grant  was  made,  and  it ‘is:  therefore  held  to  bo  void,  as 'all ; 
royal  grants  arc  when  tho  representations  upon  which  thoy' 
were  obtained  provo  to  bo  unfounded.  If  tho  invention  has;; 
been  described  in  any'  published  work' before  tho  dnto  of  tho' 
patent, ’it  is  void.  This'willbotho  result,  also,  if  ithndbeon  : 
in  public  uso;  Tlio  law  to  this  otlcet  was  settled  boforo  tlio 
stat.  2i  Jac.'  I,  was  enacted;  and  1ms 'over1  since  been  recog- 
nixed!'  Tho  conditiou’has  been  incorporated  into  tho' patents 
which  contain  a  clause  rendering  thorn  void  if  what  is  em¬ 
braced  in  them  “is  not  a  now  invention1  ns  to  tho  public  uso 
and  exoroiso  thorcof.”  This  elauso  has  been  embodied  in  tho 


grant  because  it  expresses  nn  anciently  established  condition' 
upon  which  all  monopolies  dopciul.  No  |>orson  ever  inter- 
pointed  such  a  condition  into  a  royal  grant  without  authority. 

4  conjecture  lias  been  thrown  out  whether  it  would  not  be 
a  sufficient  objection  to  a  patent  to  show  that  a  machine  Klee 
that  embraced  m  it  had  ticca  constructed  and  exposed  to  ob- 
sorvation  before  it  wnsissued.  (W.  P.  C.  719, note.)  On  uoimr 
through  all  the  English  cases,  however,  not  one  can  bo  ioiind 
m  which  sucli  an  objection  has  boon  sustained  where  the  pro-  : 
viously-constructcd  apparatus  had  not  licon  omployed  in  ' 
actual  work.  The  nearest  approach  which  has  boon  made  to  ' 
a  discussion  of  the  subject  was  in  Lewie  v.  Jfa rimy  1  W  P 
C.  493.  It  tliorc  appeared  that  a  machino  operating  upon  tho 
samo  principle  as  the  plaintiff’s  had  been  brought  ovor  from 
America,  and  had  been  seen  by  tkreo  or  four  persons  boforo 
the  date  of  his  potent.  No  exceptions  were  taken  to  tho  evi-  ‘ 
denco  oil  tho  ground  that  it  had  been  kept  seorot,  thou-di  it 
was  smd  that  if  tho  plaintiff' had  scon  it,  or  obtained  a  know- 
loclgo  ot  the  invention  from  it,  it  would  linvo  licen  fatal  to  his  -> 
;  sult-.  But  Baron  Paiike  made  this  rcmnrk:  “Thero  is  no 
caso  m  which  n  patoiitce  Iiils  been  deprived  or  the  benefit  of  ! 
i  his  invention,  because  anothor  also  had  invented  it,  unless  lie 
had  also  brought  it  into  use."  In  tho  dearth  of  any  decision 
to  tho  contrary,  Baron  Pause's  remark  may  be  considered  ns 
embodying  the  English  law  on  this  point. " 

That  the  use  must  bo  iu  public  is  settled  beyond  nil  dis- 
pute.  It  was  resolved  ns  early  ns  170(1,  in  Oolluntl’e  Case 
ViP-  ,0'4,3;  AH.  B.  470;  finv.  Pat.  Oas.  172.  ft  Z,’ 
.shown  by  tho  dofenso  that  previous  to  tho  plaintiff’s  orici- 
inating  tho  optical  instrument  for  which  ho  lmd  his  patent  ' 
anothor  person  had  constructed  one  like  it,  and  had  used  it. 
But  it  was  lioldon  that  ns  Dr.  Hall  had  confined  it  to  his 
i  closet,  and  the  public  wore  not  acquainted  with  it,  Dollaud  was 
to  bo  considered  tho  first  inventor."  The  question  was  fully 
disoussed  also  in  Carpenter  v.  Smith,  AV.P.  G.  630;  5  M.nnd 
W.  800,  in  which  it  was  shown  that  a  lock  like  that  in  con¬ 
troversy  lmd  been  placed  upon  a  gate  in  a  public  way,  where 
kf  “vory  passenger.  Upon  n  hearing  boforo 
tto  M  bench,  tho  court  hold  that  this  was  such  a  use  in- 
E}8  must’debar  any  one  from  over  after  maintaining  a  ■ 
whSri^’V-  At  .tho  snmo  tnno  they  madojho  distinction 
whioli  has  nlwuys  boon  recognised,  that  there  should  bo  a  use 
in  public,  but  not  necessarily  a  uso  by  tho  public,  to  givo  it1 
such  an  effect.  The  law  established  in  tlioso  cases  has  novor 
been  assailed,  but  has  been  uniformly  adhered  to  in  every  ’ 

subsequent  disoussion  of  tho  subject.  '  • '  - 


tlio  utterances  of  tho  learned  j  udgo: who  presided  nrocorrcotly 
sot  forth  in  the  report,  lie  wns  evidently  somewhat  confused; 
ns  to  the  different  purposes  for  wliioh  such  n  prior  omdodiment 
might' bo  shown,  nnddid  not  distinguish  between  them.  Ills' 
remarks  are  hardly  entitled  to  any  great  weight  in  them-; 
selves,  therefore,  and  they  should  never  hnvc  been  cited  ns  an 
authority  on  this  subject,  after  the  emphatic  condemnation, 
pronounced  upon  his  rulings  by  all  the  judges  who  expressed!, 
their  opinions  before. the  House  of  Lords  inthocasoof  Ifouae] 
hill  Co.  v.  Neilson,  W.  1*.  C.  078.  The  following  extract!. 

.  from  that  of  Lord  BnouotlAM  sufficiently  exhibits  tlicir  senti-: 
ments:  “But  supiioso  it"  (the  previous  invention)  “  was  com-, 
pletc,  and  suppose  it  is  admitted  not  to  liavo been  a  trial,  then, 
it  is  one  of  the  greatest  errors  that  can  bo  commiltcd.in  point; 
of  law,  to  say  that  with  respect  to  such  an  invention  ns  that,: 
it  signifies  ono  rush  whether,  it  wns  completely  abandoned  or.j 
not,  or  whether  it  was  continued  to  bo  used  down  to  the  very,; 
date  of  tlio  patent.  Provided  it  was  invented  nnd.publicly! 

.  used  at  the  time,  twenty  or  thirtyycars  ago,  in  this  case  forty ; 
years  ago,  it  is  perfectly  immaterial— not  immaterial  to  tho ' 
second  question,,  the  second  condition,  namely,  whether  it. was 
used  or  not  at  the  time,  of  the  .  granting  of  tho  patent,  but  •  ; 
totally  immaterial  to  the  other  question,,  which  is  equally 
necessary  to  Ixs  ascertained  in  the  inventor's  favor,  wliothor 
or  not  ho  was  the  truo  and  first  inventor.”  p.  718.  Wo  learn 
from  this,  it  is  true,  that  where  it  is  attempted  to  bo  shown 
that  tho  invention  was  made  by  some  one  else  lieforotho  pat¬ 
entee,  and  was  embodied  in  a  working  apparatus,  proof;  that 
fcthe  use  of  it  was  continued,  or  hnd  boon  abandoned,,  may,  be-:. 

■  come  pertinent,  ns  showing  it  was  n. perfected;  discovery  on tho-;. 

,  one  hand,  ornn  unsuccessful  experiment  on  the  other.  We  learn 
just  ns  distinctly  that, independently' of  the  issuo  whetlior  the 
patentee  is  tho  first  inventor,,  and  whore,  there  is  no  question ; 
whetlior  such  previous  apparatus  was  perfect  or  not,  it  is  es-. 
sential  for  another  purpose  to  dutermino  whether  such  appa¬ 
ratus  was.or  wits  not  in  ;publio  use;  ;  that  it  is  indispensable 
that  it  should  have  boon  not  only  in  use,  but  in  publio.nso,,in'. 
order  to  make  itnvnilnblo.nsndofenso.  Andthoroisnotovonan 
intimation  in  Jones  v.  Pierce,  far  loss  in  HousehillCo.y.  Neil-- 
son,  that  tho  publicity  of  tho  uso  is  considered  to.liaye  any  , 
bearing  upon  tho  inquiry  whetlior  such  previous  apparatus, 
was  a, porfoot  and  completed  discovery.:  ..  , 

Whore  it  appears  that  a,  patentee,  has  raanufaoturedvbyi.a'. 
secret  process,  and  sold, tho  product. before  obtaining. liis  pat-.-, 
ont,.  that. will  bo  pronounced  n  uso  in  public.  .But, no, princi¬ 
ple  of  law  is  bettor  sottlcd  in  England  than  this,  that  in  ordor 


i  BEDUOINO  AH  INVENTION  TO  PBAOTIOE.  17 

to  nvoid  a  patont  on  tho  ground  that  tho  invontion  was  in  uso  . 
by  others,  when  it  was  granted,  it  must  appear  that  tlio  uso 
Was  in  public.  It  is  only  by  adhering  strictly  to  this  requiro- 
Snont  that  tho  public  have  an  assurance  that  they  shall  be¬ 
come  possessed  of  tho  knowledge  of  the  now  art,  and  bo  ron- 
‘dorcil  certain  of  sharing  tho  benefits  of  it. 


1m.«  courts,  on  which  wo  must  chiofiy  roly,  cannot  always  bo 
neiled.  Ono  principle  may  bo  considered  ns  tolorably 
sottlcd,  although  in  conflict  with  sentiments  which  have  ■ 
an  extensive  prevalence,  'l’hnt  principle  may  bo  thus 

In  order  to  constitute  a  reduction  to  practice,  tho  invon- 
must  linvo  been  embodied  in  a  working  machine,  enpa- 
jf  being,  used  for  business  purposes,  or  if  not  capable  of 
,  in  something  equivalent. 

L’liis  wns  most  emphatically  asserted  by  Judge  Simiague, 
Howe  v.  Underwood,  1  Kish.  100,  in  which  ho  hold 
lnngungo:  “This  is  important  to  bo  understood,  bo- 
e  the  iden  has  been  carried  all  along,  that  if  a  prior  in- 
tor  lias  gone  to  n  certain  extent,  although  ho  fall  short  of 
ting  a  complete  machine,  practically  useful,  those  who 
e  after  have  no  right  to  secure  to  themselves  tho  advan¬ 
ce  tho  invention.  This  is  not  law.”  p.  108.  Tlio  quos 
whetlior  the  previous  invention  wns  an  abandoned  ex- 
I  penment  was  also  raised  in  that  case,  but  the  passage  hero 
quoted  was  announced  ns  a  maxim  entirely  independent  of 
I  that  consideration.  Tho  snmo  learned  judge  had  previously 

I  expressed  his  opinion,  in  Many  v.  Sizer,  I  Fish.  17,in  this 
mnrinor:  “Now  experiment  alone  is  not  sufiicicntio  consti¬ 
tute  priority  of  invention.  The  nrticlo  must  be  completed 
for  public  uso,  and  tho  result  must  bo  known,  although  it  is 
not  necessary  that  it  should  be  actually  used  bv  tlio'piiblic." 
p.  20.  He  evidently  has  in  mind,  in  this  last  clnuso,  tho  dis- 
tinotion  constantly  observed  between  a  uso  in  public,  and, 

|  what  has  always  been  regarded  ns ‘unimportant,  a  use  by  the 
public.  To  tlio  same  cflcct  as  those  two  decisions  aro  the  ob¬ 
servations  of  Judgo  Cmi'FOKU,  in  beymour  v.  Osborne,  11 
AVnll.  610 :  “Ho  is  tho  first  inventor  in  tho  sonso  of  tho  patont 
law,  and  untitled  to  a  patent  for  liis  invontion,  who  first  per¬ 
fected  and  adapted  the  snmo, to  use;  and  it  is  well  settled 
that,  until  the  invontion  is  so  perfected  and  adapted  to  use,  it 
is  not  patentnblo  undor  tho  patent  law."  p.  652.  In  Pitts  v. 
Wangle,  2  Fish.  10,  also  it  was  said  by  DitUMMONi),  J.  of  the 


for  tho  purposos  contemplated,  but  it  must  have  beon  capable 
of  such  uso."  p.  15.  And  in  tbo  Union  Sugar  Refinery  v.  ■ 
MaUheson,  2  Fish.  000,  it  was  bold  tlmt  tbo  prior  invontion , 
must  linvo,  been  11  reduced  to  pructieo  in  tho  form  of  an  I 
oporntivo  machine.” 

It  cannot  be  necessary-  to  refer  to  any  othor  casos  on.  tli 
point,  since  tho  law  thus  dofmed  lias  novor  been  question! 


structcd  on  tho  samo  prinoiplo  as. that  described  in  tho  plain¬ 
tiff's  patent  had  been  made  and  put  in  operation  several  years 
before  ho  originated  it.  It  had  been  worked  by  hand  only, 
and  proving  not  to  bo  profitable,  wns  rolinquishod.  The 
plaintiff  ’s. machine  wns  open,  to  the  samo  objection, and  it  wai 
successful  only  because  it  was  operated:  by  power.  It  was 
urged  on  his  part  that  tho  former  mnohino  was  only  export 
mental.  While-,  this  was  admitted  by  Judge  Washington, 
who  presided  at  tho  trial,  ho  held,  nevertheless,  that  it  wns 
sufficient  to,  destroy  tho  plaintiff’s  claim  as  an  inventor.  Ifc 
is  ovidont.tlmt  tho  mncluno  wns  experimental,  nftor  nil,  on’  - 
in  a  secondary  sense,  and  in  a  finnneinl  view..  As  a  mnclii 
it  was  perfect,  and  capable  of  uso  for  business,  and  comes 
within  tho  rulo  which  has  beon  advanced.  Tho  case  of  Grey 
v.  James ,  1  Pot.  C.C.  8!)4  and  470,  may  be  thought  to  resem¬ 
ble  that  of  Walam  v.  Bladen,  but  it  is  cnunlly  in  accordance 
with  tho  principle.  It  may  bo. safely  laid  down,  therefore,  ns 
the  doctrmo  of  tho  law,  than  nil  invention  can  bo  said  to  bo 
reduced  to  practice:  only  when  it  lias  been  embodied,  if- 
susccptiblo  of  it,  in  a  mnohino  capable  of  being  used  forprnc.: 
tical  purposes,  as  distinguished  from  one  thnt  is  merely  ex¬ 
perimental.  If  not  suscoptiblo  of  boing  so  embodied,  soino 
step  equivalent  to  that  must  have  beeu  taken  with  it. 

II.  It  is  more  difficult  torcconuilc  what  has  been  held  by  dif¬ 
ferent  courts  ns  to  tho  necessity  of  an  invention  hnving  beon 
reduced  to  actual  prnotico.  Thnt  it  must  lmvo  beon  so  reduced 
under  some  circumstances,  thoro  can  bo  no  doubt.  From 
tlib  dicta  uttered  in  tho  cases  of  Seymour  v.  Oslome,  and  Pitts 
v.  Wemple,  oiled  nbovo,  and  Woodman  v.  Stimpsori,  1  Pislier 
J)8,  it. would  scorn,  howovor,.thnt  there  may  bo  eases  in  which  - 
it  would  bo  found  suflieiont  to  embody  tho  supposed  inven¬ 
tion  in  an  apparatus  socomploto  thnt  it  would  bo- employed 
for  business  purposes  to  accomplish  tho  work  intonded.  In  j 
addition-to  these,  tho  languago  of  Judgo  Stoiiy,  in  Washburn 
v.  Gould,  8  Story  122,  may  bo  adduced.  “  At  any  rnto  ho  is.; 
tho  invontor  who  is  entitled  to  a  patent,  who  first  brought ; 
tho  maobino  to  perfection,  and  made  it  capnblo  of  useful 1 


s  inny  bo  employed  which  scorn  to  reeoghizo  tho  mor 
rporntion  of  an  idea  into  n  material,  oporntivo  form,  a 
ciont  without  its  being  tosted  in  work,  at  tho  very  tim 
n  no  intention:  of  dispensing  with  thnt  requisite  is  cntci 
xl..  It  is  evident  thnt  no  expressions  like  thoso  cite 
ra,  which  wore  made  without  roferonco  to  tho  questior 
del-  bo  relied  on  to  sustain  the  doctrine  undor  discussior 
in,  in  Ransom  v.  Mayor,  1  Fish.  252,  these  remarks  nr 
buted  to  Judge:  Hall:  “  The  party  who  embodies  tli 
oiplo,  and  makes  it  available  for  practical  use,  is  tin 
y  who  is  ontitlcd  to  a  patent,  and  to  protection  under  tin 
nt  law.”  p.  270.  It  may  bo  doubted  whether  he  iutondet 
this  to  nogntivo  tho  idon  that  it  wns  nuccssnry  thnt  tin 
odiment  should  lmvo  been  put  in  practice,  since  nothin; 
le  case  called  for  such  an  expression.  In  Parkhursl  v 
<mun,  l  Blntulif.  488,  Judgo  Nelson's  languago  wns  this 
constitute  a  prior  invention  tho  party  alleged  to  linvc 
uccd  it  must  linvo  proceeded  so  far  ns  to  reduco  his'iden 
raotico,  and  embodied  it  in  somo  distinct  form.  It 
t  linvo  boon  carried  into  practical  operation,  for  ho  is  en 
1  to  a  patent,  who,  boing  nil  original  inventor,  lias  first 
ioted  the  invention,  and  ndnptcd  it  to  practical  uso."  p, 
( Vide  Post  80).  In  Agawam  Woolen  Co.  v.  Jordan,  7 
I.  688;we  have  tho  viows  of  the  highest  tribunal  ns  eon- 
diby  Clifford,  J.:-  “Ho  is  tlio  inventor,- and’ is  entitled 
patent,  who  first  brought  tlio  machine  to  porfeotion,  nnd 
i  it  capnblo  of  useful  operation."  p.  802.  Wo  lmvo  them 
in  words  alxiut  tho  samo,  of  Nelson,  J.,  in  Whileli/  v. 
•jne.  Id.  685 :  “  For  ho  is  the  first  inventor,  and  entitled 
™  ..  patent,  who,  boing  an  original. discovoror,  has  first  per¬ 
fected  and-  adapted  tlio  invontion  to  notun]  uso.”  p.  087, 
These  grave  declarations  coming  from  such  high  authorities, 
dosorvo  sorious  consideration ;  and  if  wo  could  only  bonssur 
cd  tlint  they  wcro  uttcrcd  with  roferonco  to  tho  prinoiplo  of 
law  under  disoussion,  they  would-  inoreaso  tho  difficulty  of 
ascertaining  wlmt  is  tho  true  doctrine.  But  it  is  by  no 


REDUCING  AN  INVENTION  TO  PRACTICE. 


is  Coffin  v.  Oi/ilen,  S  Fish.  040,  which  1ms 
tod  as  determining  that  it  is  not  necessary 
,’ico  lues  bcon  in  use  in  order  to  dofeat  a 
Lined  hy  another  afterward,  Tho  learned 


live  done  work,  or  been  capable  of. 
been  more  experiments,  afterward 
y  were  in  faet  operated  for  a  greater 
iportance,  except  so  far  as  that  inny 
re  that  they  were  or  wero  not  moro 
v  the  fact  is  of  consequents).  But 
icy  were  inaeliinus  capable  of  doing 
e  same  arrangements  ns  the  plain- 
liincs,  then  tho  fact  that  tlioy  were 
,  and  then  abandoned  for  othor  rca 


put  into  a  mill.  Tho  presiding  judge  charged  the  jury  that 
they  might,  find  that  llio  patented  wheel  was  wanting  in  no¬ 
velty  without  evidence  that  tho  other  had  been  actually  used. 
The  report  is  unusually  brier,  and  the  reasons  upon  which 
these  instructions  wore  founded,  nrc  not  hinted  at.  The  pa¬ 
tent  was  dated  in  182!),  tho  trial  took  plnee  in  1849 ;  yot  no¬ 
thing  is  said  on  tho  subject  of  the  abandonment  of  the  old 
whcol,  although  thcro  must  havo  been  a  strong  presumption 
to  thnt  effect  from  tho  lapso  of  time.  Tho  case  stands  in 
striking  contrast  with  thnt  of  Parker  v.  ffulmc,  hereafter 
cited,  p.  28,  which  was  brought  upon  the  samo  patent,  and 
when  wo  compare  with  it  the  marked  caution  with  which 
tho  evidence  of  a  previous  construction  was  thoro  rccoiycd, 
wo  cannot  resist  the  conjecture  that  tho  report  in  Parker  v. 
Fenjumn,  is  very  imperfect,  and  great  hesitation  must  bo 
felt  in  relying  upon  it.  This  doubt  will  bo  increased  when 
tho  ruling  of  the  samo  learned  jurist,  in  Foote  v.  SiUktj,  1 
Blatehf.  440,  is  read. 


mee3.  These,  ho  said,  “  must  bo  regarded  substai 
uso  of  tho  reversing  mechanism.”  Soino  hesitat 
i  felt  as  to  tho  soundness  of  this  conclusion;  tho 
is  clear,  can  hardly  be  oited  ns  an  authority  ag 
tiring  proof  of  use  in  such  cases. 

It  must  bo  conceded,  nevertheless,  that  tho  langua 
trued  judge  lends  countenance  to  tho  idea  thnt  the 
rlinps  tlio  only  object  of  insisting  that  it  should  1 
nt  what  is  alleged  to  have  anticipated  tho  patent 
vention  was  employed  in  work,  is  to  establish  til 
complete  and  practical  embodiment,  of  it.  If  that 
Hows  thnt  other  proof  of  its  completeness  may  1 
ted.  Now,  there  is  no  question  but  that  proof 
iploymcnt  has  been  treated  as  material  in  this  co 
jllns  in  England,  when  the  question  has  been  raised 


limed  thnt  tho  invention  had  been  innilo  bv  somo  ono  else 
foro  tho  patentee,  ho  has  been  called  upon,  ns  an  indispensn- 
o  condition,  to  show  that  it  had  been  put  in  uso ;  and  this 
s  boon  insisted  upon  without  any  reference  to  tho  com- 
otencss  or  imporfcction  of  tho  formor  embodiment  or  it, 
d  oven  wlioro  no  such  question  was  raised.  The  proof  has 
beon  held  essential  on  an  ontiroly  distinct  ground  ;  bocausoit 
is  prescribed  by  tho  stntuto.  And  it  is  so  proscribed  for  tho 
samo  reason  that  it  was  in  tho  English  system,  in  ordor  thnt 
tho  knowledge  of  it  by  tho  public  might  bo  insured. 

In  Wabon  v.  Station,  4  Wash.  580,  it  was  tho  very  question 
mndoby  tho  plaintiff  ’s  eounsol  thnt  tho  mnohino,  which' the 


REDUCING  AN  INVENTION  1 


TO  PRACTICE. . 

patented,  lmd  nevor  been  in  use.  And  the  court  admitted  the 
principle,  hut  held  tlmt  the  evidence  was  not  sufficient  to  sus¬ 
tain  tho  plea,  'i'hc  objection  had  also  licon  tuken  tlmt  the 
prior  machine  was  imperfect,  nml  it  was  answered  upon 
grounds  entirely  distinct  from  that  of  its  completeness  having, 
been  demonstrated  by  its  successful  operation.  Tho  necessity 
of  its  being  shown  to  linvo  been  worked  was  founded  alto¬ 
gether  on  tlie  language  of  tho  statute.  Judge  Washington,-, 
when  taking  up  the  question,  says:  “But  the  point  mainly; 
relied  upon  by  the  plaintiff's  counsel  :is  that  no  evidcuco  wtisr 
given  that  Christian’s  machine  was  ever  .used  within  the  true  | 
meunin <j  of  that  expression  in  the  patent  law.”  p.  588.  Tlicro  j 
is  not  the  slightest  indication  that  such  evidence  was  called;  j 
for  in  order  to  repel  the  charge  that  the  machine  wits  not  I 
practically  successful.  Tho  views  of  Judge  Story  on  this 
question  may  be  gathered  from  this  language  or  his  in  Bed¬ 
ford,  v.  lfu.nt,  X  Mason  802.  “Every  subsequent  patentee,  al¬ 
though  nil  original  inventor,  may  be  defeated  of  his  patent 
right  upon  proof  of  his  prior  invention  being  put  in  use.”  ,p. 
804.  The  intent  of  the  statute  was  to  guard  against  defeating  ; 
patents  by  sotting  up  a  prior  invention  which  Twd  never  been  ■ 
reduced  to  practice  (p.  805);  not,  it  scorns,  to  repel  tho  pro-  i 
i  sumption  of  imperfection  arising  from  its  abandonment. 

I  And  also  from  what  fell  from  bis  lips  in  Ileed  v.  Cutler,  1  Story 
j  500:  “  Under  our  patent  law,  no  person  who  is  not  the  first, 

1  ns  well  as  the  original  inventor,  by  whom  tho  invention  lias 
'  been  perfected,  and  put  in  actual  use,  is  entitled  to  a  patent." 

p.  50(1.  While  it  is  true  that  in  both  those  euscs  the  earlier 
:  embodiments  of  tho  invention  wero  charged  with  not  being 
|  effective,  tho  fact  tlmt  they  lmd  been  in  operation  was  not 
(  once  alluded  to  ns  a  rofutntiou  of  tho  chnrge.  Other  means 
woro  taken  to  show  that  they  wore  capable  of  accomplishing 
their  proposed  functions.  Tlmt  they  lmd  not  been  in  uso  was 
taken  up  as  nn  independent  objection  to  their  being  intor-  ; 
posed  ns  a  bar  to  tho  plaintiff's  patout.  It  was  treated  not 
only  os  an  independent,  but  as  in  itself  a  sufficient  answer  to  ' 
tho  dofoiiso.  It  was  mot  in  tine,  not  by  proof  that  the  .ma¬ 
chines  wore  practical  and  effective,  but  by  proof  that  they  ■ 
lmd  been  actually  employed  in  business,  as  tho  only  way  of  > 
satisfying  tho  court  tlmt  tho  inventions  woro  not  now-  when  j 
pntontod  ns  required  by  tho  stntuto. 

In  Parker  v.  JTulme,  1  Fish.  44,  again,  nn  attempt  was 
mndo  to  show  that  a  wheel  similar  to  that  for  which  tho 
plaintiff  .hold  a  patent  had  boon  made  .lieforo  the  patentee 
originated  it.  •  Inspecting  this,  the  presiding  Judge,  Kane,  ■  ■■ 

Sivo  tlioso  instructions  to  the  jury:  “Oue  portion  of  Mr.  . ; 
ulmos'  testimony  callsfor  this  remark,  that  it  is  uoteuough 


28  REDUCING  AN  INVENTION  TO  PRACTICE. 

tlio  public.  Tlio  earliest  enso  in  which  tho  subject  enmo  dtf 
tinctly  under  judicial  consideration  is  Bedford  v.  Hunt,  1  Mas.  I 
802,  decided  in  1817,  nnd  id  ready  citod.  It  was  slion'n  dial ! 
tlio  article  monopolized  by  llie  plaintiff  lmd  lwcn  mnniifms*  i 
tured  many  years  before  lie  originated  it.  Tlio  principal 
question  on.  the  trial  was  ns  to  the  extent  to  which  it  in 
have  beon  used  in  ordor  to  render  the  patent  void.  Jin 
Story  answored  the  question  thus:  "But  if  the  first  inven 
reduced  bis  theory  to  iiraotice,  and  put  his  machine  or  other  i 
invention  into  usu,  the  law  ncvorcoiild  intend  that  the  greater ! 
or  less  use,  in  which  it  might  be,  or  the  more  or  less  widely 
the  knowledge  or  its  existence  might  circulate,  should  con¬ 
stitute  the  criterion  by  which  to  decide  upon  the  validity  of 
any  subsequent  patent  Tor  the  same  invention.”  p.  805.  This 
decision  was  founded  upon  the  statute  of  1708;  but  after  the 
passage  of  that  of  1830,  ho  held  the  same  doctrine  even  more 
unequivocally  in  Heal  v.  Gutter,  Story  5U0,  declaring  himself 
in  these  terms:  “If  the  invention  is  perfected  and  put  into 
actual  use  by  tlio  first  and  original  inventor,  it  is  or  no  con¬ 
sequence  whether  the  invention  is  extensively  known  or  usud,- 
or  whether  the  knowledge  or  use  thereof  is  limited- to  a  few 


her  the  invention  is  extensively  known  or  used, 
i  knowledge  or  use  thereof  is  limited- to  n  few 
n  to  the  first  inventor  himself."  p.  500.  And 
with  this  lie  took  occasion  to  pronounce  Dal- 
n  “just  exposition  of  the  patent  law  of  this 
rer  correctly  it  may  have  been  decided  under 


luml's  case  not  n  “just  exposition  of  the  patent  law  of  this 
country  however  correctly  it  may  have  been  decided  under 
that  ol  England,  p.  508. 

Whatever  disposition  to  treat  these  decisions  ns  obso¬ 
lete  may  be  lelt,  they  havebceu  clearly  recognized,  nnd  their 
authority  acknowledged  in  cases  of  too  late  a  period  and  of 
too  high  a  character  to  allow  of  their  lining  disregarded.  In 
Oayler  v.  Wilder,  10  How  -177,  decided  in  1850,  the  subjoct 
must  have  been  under  consideration  in  the  Supremo  Court  of 
the  United  States.  In  determining  the  case  scvoral  points 
wore  noticed,  which,  after  all,  cannot  be  esteemed  very  siir- 
uifiennt;  such  as  that  the  producer  or  the  safe,  which  it  was  '- 
alleged  was  made  before  that  of  the  patentees,  nover  -W»m» 
awnro  of  tho  value  of  his  invention ;  that  its  construction ' 
was  unknown  to  others,  though,  as  was  remnrkcd,  tho  me- 
j-l,?.nl<?  -.°  mn“°  14  mufit  *mvo  been  cognizant  of  it.  It  is 

dillicult  to  see  that  much  importance  could  ho  attached  to  ' 
these  and  othor  incidents  commented  upon.  Whon  tho  very  ■ 
able  jurist  who  pronounced  tlio  judgment  of  tho  court,  Chief  i 
Justice  i.  ANE  V,  came  to  dismiss  tlio  import  of  the  expression  in  ! 
■the  sixth  section  of  t bo-law  of  183(1,  “  not  known  or  used  by 
others  before  his  or  their  invention  or  discovory,"  ho  founded 
his  in  orpretatmn  of  it  upon  tho  clause  in  tho  fifteenth  section.  1 
in  which  it  is  provtdod  that  a  patent  should  not  bo  hold  void  1 


i  account  of  tho  inventions  being  known  or  used  nbroad,  i 
10  patentee  woro  not  awnro  of  it.  IJo  inferred  from  this  tin 
entitle  himself  to  a  patent ,'  an  originnl  discovorcr  of  an  in 
•ovomont  nceil  not  bo  in  a  strict  sonso  tlio  first  invonto 
lice  his  title  could  uolbc.impcnchcd  although  tho  imjirov 
out  hud  been  made  by  others  before  him.  lie  snid,  thor 
re,  that  “  the  clause  in  question  "  (that  oontainod  in  tl 
Icont-h  section)  “qualifies  tho  words  lioforo  used"  (tlios 
lotcd  from  tho  sixth), “and  shows  that  by  knowledge  an 
o  tho  Lcgislutnrcmcunt  knowledge  and  use  existing  in 
tinner  accessible  to  the  public.”  p.  -157.  Now,  if  the  judj 
mt  of  tlio  court  had  boon  made  to  turn  on  this  intorprotc 
in,  and  the  Connor  safe  had  been  pronounced  no  bar  to  th 
tent  in  suit,  on  tlie  ground  that  it  was  not  accessible  to  th 
blic,  it  would  liavo  bjou  a  rovorsal  of  tho  doctrine  nil 
need  in  Halfuni  v.  Hunt  and  11 ml  v.  Cutter.  And  if  Ilia 
etrino  was  , not  approved  by  the  court  thoro  could  have  beoi 
fuiror  opportunity  to  have  set  tho  profession  right  in  l  oin 
a -to  it.  But  apart  from  tlio  quotation  givou  abovo  tlior 
not  the  slightest  allusion  to  it.  yOn  tho  contrary  tho  dcci 
u  assumes  that  tho  Connor  safe  was  prima  facia  fatal  ti 
linlifi  ’s  title;  but  assorts  that  it  had  ceased  to  liavo  Ilia 
jet  because  tlio  jury  must  bo  presumed  to  have  found  tha 
ind  been  forgotten,  and  buried  in  oblivion,  like  a 
lie  learned  judgo  even  holds  this  romarkablo  language 
rningit:  “  Wo  do  not  understand  the  Circuit  Court  to 
id  that  tho  omission  of  Connor  to  try  the  valuo  of  his  saf 
-  proper  tests  would  deprive  it  of  its  priority  ;  •mrltisomissm 
briny  it  into  public  use.  Ho  might  hnvo  omitted  both,  am 
to  abandoned  its  uso,  nnd  liccn  ignorant  of  tlio  extent  of  it< 
luo;  yot  if  it  was  tlio  sumo  as  Fitzgerald's,  tho  lattor  conic 
t,  upon  such  grounds,  bo  entitled  to  n  patont;  providod 
jnnor’s  safe,  and  its  modoof  construction,  woro  still  in  the 
rnnory  of  Connor  before  tlioy  woro  recalled  by  Fits- 
raid’s  patont.”  p.  498.  In  otlior  words,  Connor’s  safe  was 
bar  to  a  |>atont  for  tho  samo  improvomont  to  any  subsequent 
ontor  of  it,  so  long  ns  Connor  romoinbored  its  construe- 
in,  notwithstanding  it  hnd  novor  been  in  public  uso.  Com 
loring  Hint  the  decision  turned  on  tlio  knowledge  of  Connor’s 
fo  having  been  lost,  nnd  not  on  its  having  been  kept  secret, 
is  vory  manifest  that  tho  court  folt  tlio  weight  of  Judge 
'onv’s  decisions,  and  it  was  to  avoid  tlio  oflbet  of  thorn  that 
oy  resorted  to  tlio ,  oxpediont  of  treating  Conuor’s  .  snfo  as 
ving  been  forgotten. 

In  Hick  v.  Lippincott,  2  Fish.  1,  whioh  wns  tried  two  or 
reo  years  allot-  Oayler  v.  Wilder,  the  validity  of  the  patont 


REDUCING  AN  INVENTION  TO  WUCTICB. 


REDUCING  AN  INVENTION  TO  PRACTICE. 


In  liia  instructions  to  tlio  jury  ho  emphatically  ro-ossorlcd 
the  doctrine  advanced  in -lialford  v.  limit  and  Heal  v.  Cutler, 
going  so  far  as  to  adopt  tlio  very  language  quoted  above  from 
the  former  report.  There  can  be  little  doubt,  therefore,  that 
the  law  of  those  eases  was  in  the  minds  of  the  court  when 
they  had  that  of  Qayler  v.  Wilder  under  consideration.  The 
same  question  must  have  arisen  also  in  Caltoon  v.  Ring,  1 
Fish.  397,  and  1  ClilK  592,  which  was  tried  before  Judge 
Cl.U'FOltl)  iii  1859,  and  at.  subsequent  times.  It  was  shown 
by  the  defendant  that  before  the  plaintilV  made  his  invention, 
one  Luce  had  constructed  a  perfect  machine  embodying  it. 
It  would  seem  that  it  was  kept  secret;  but  it  is  ovident  that: 
this  was  not  deemed  sufficient  to  prevent  its  operating  fatally 
against  the  suit.  The  court,  therefore,  adopted  n  course  simi¬ 
lar  to  that  pursued  in  Qayler  v.  Wilder,  and  charged  the  jury 
that,  whether  it  had  been  used  or  not,  if  it  hnd  lieen  broken 
up,  and  its  materials  used  for  other  purposes,  or  lost  (of  nil 
which  thcro  was  proof),  and  its  construction  was  only  re¬ 
called  to  tlio  memory  of  the  maker  by  the  present  contro¬ 
versy,  etc.,  its  existence  would  not  in  validate  Cahoou’s  pntent. 
(p.  411).  Tlio  learned  judge  must  therefore  have  regarded: 
the  secret  existence  of  the  machine  ns  in  itself  a  bar  to  a 
patent  obtained  by  any  subsequent  inventor,  unless  that  ob¬ 
jection  were  removed  in  the  way  ho  pointed  out.  Again  in 
Unit  v.  Bird,  .3  Fish.  595,  tried  before  Judge  lit.ATGIIKOItli  in 
1887,  tlio  prior  machine,  upon  which  the  defendant  relied, 
had  always  been  kept  carefully  secluded  from  observation. 
Yet  this  was  manifestly  considered  as  not  a  sufficient  answer 
to  it.  Instead  of  pronouncing  against  it  on  the  ground  that 
it  had  never  been  in  public  use,  the  court  laid  hold  of  eir-f 
cum.staneus  from  which  they  condemned  it  ns  an  abandoned 
experiment.  And  they  eito  at  length  tlio  ease  of  Qayler  v. 
Wihler  ns  analogous  to  the  ono  before  them,  and  ns  sustaining 
their  decision. 

Judgo  Story's  doctrine  has  also  been  supposed  to  have; 
boon  directly  affirmed  in  Coffin  v.  Ogden ,  3  Fish.  (140;  but: 
this  is  not  homo  out  by  a  ‘careful  examination  of  the  report' 
It  was  ruled  by  the  court  that  an  exhibition  of  the  alleged, 
previous  invention  to  two  or  tlireo  persons  was  equivalent  to- 
giving  the  knowledge  of  it  to  the  public.  Tlio  necessity  of- 
a  publiu  uso  of  it  was  distinctly  rceognisod,  therefore,  al¬ 
though  the  evidoneo  by  which  it  was  held  to  have  been  made 
out,  might  not  generally  bo  hold  sufficient. 

If  tlio  dootrino  has  never  boon  assorted  anew  in  any  of  our 
courts  in  express  terms  since  tlio  enso  of  Reed  v.  Cutler,  it; 
lias  nqvor,on  tlio  other  hand,  been  condomucd  in  any  instance  ■ 
in  wluok  it  was  tlio  propor  subjoot  of  adjudication.  And  an; 


elementary  writer  of  high  authority  evidently  entortnins  an 
opinion  in  conformity  to  it.  In  the  3d  edition  of  Curtis  on 
Patents  may  bo  found  this  sentence:  “If  tliu  tiling  patented 
has  once  lieen  actually  mid  completely  invented  or  discovered 
before,  however  limited  the  use,  tlio  patent  is  in  validated,”  etc., 
Sec.  87.  Again,  when  speaking  of  some  English  decisions, 
it  is  said:  “If  wo  examine  the  facts  of  tjio  several  cases,  and 
the  tests  applied  to  them,  tnkiugenro  to  remember  that  under 
our  lnw  on  tlio  question  of  novelty,  the  publicity  of  the  prior 
use  is  not  otherwise  imjwrtant  than  as  a  circumstance  tending 
to  show  that  there  was  or  was  not  a  completed  invention,” 
etc.  See.  88.  -lie  lias  nowhere  declared  his  opinion  more  ex¬ 
plicitly,  it  is  true;  but  what  his  views  are  is  evident  enough. 

_  While  this  matter  lias  not  been  made  the  subject  of  any 
distinct  adjudication  of  late,  there  have  been  several  occasions 
in  which  remarks  have  fallen  from  the  bench,  plainly  indi¬ 
cating  that  a  different  view  of  the  law  was  entertained.  The 
first  extract,  which  was  given  from  tlio  opinion  of  Judgo 
Taney  in  Guyler  v.  Wilder  (Ante  27)  shows  that  such 
wero  his  impressions,  although  he  avoided  a  conflict  with  the 
authority  of  those  cases.  In  Jlasehlen  v.  Ogden,  8  Fish.  378, 
Judge  Sherman  in  n  brief  summary  of  the  law  upon  tlio 
subject  included  this  principle:  “The  prior  use  of  an  invention 
must  lie  a  publiu  uso  and  not  a  private  use.  If  an  invention 
is  made  and  used  in  n  private  way,  and  then  thrown  aside, 
and  not  given  to  the  public,  a  patent  granted  to  a  subsequent 
inventor  would  bo  a  valid  patent.”  p.  380.  Ill  Adams  v.  Ed¬ 
wards,  1  Fish.  1,  Judge  Woourury,  after  commenting  upon 
the  cftcct  of  using  an  invention  two  years,  leaves  that  subject 
and  pirocccds  thus:  “If  a  man  has  an  invention,  and  nobody 
knows  of  it,  then  the  uso  of  it  cannot  debar  another  porson 
from  inventing  or  patenting  it."  p.  12.  • 

Tlio  expression  of  tlicso  opinions  so  widely  diflering  from 
tlioso  of  Judge  Stoiiy,  justify  an  inquiry  into  tlio  grounds  on 
which  his  wore  founded.  Tub  only  reason  lie  gives  for  them 
is  to  bo  found  in  that  clniiso  of  the  lnw  which,  as  lie  snys, 
“expressly,  declares  that  the  applicant  for  a  pntont  must  be 
the  first  as  well  as  an  original  inventor.”  In  support  of  this 
he  quotes  from  his  own  opinion  in  Pcnnoeh  v.  Dialogue,  2 
Pet.  1,  wliero  ho  said  tho  Patent  Act  “  gives  tlio  right  to  the 
first  and  truo  inventor,  and  to  him  only  ;  if  known  or  used 
boforo  his  supposed  discovery,  ho  is  not  tho  first,  although  ho 
may  bo  tho  true  inventor,  and  that  is  tho  caso  to  which  tho 
clnuso  looks,”  p.  28.  Now  it  is'  a  little  remarknblo  that  tho 
very  snmo  expression  is  used  in  tlio  English  Statuto  of 
Monopolies,  wliioh  restriots  tho  grant  of  a  patent  “  to  tlio 
trno  and  first  invontor."  Our  statute  rends,  “the  original 


and  first  inventor;"  but  the  learned  judge  lays  no  stress  on' 
the  word  original ;  in  filet,  lie  uses  it  as  interchangeable  with 
the  word  true  in  the  last  extract.  It  is  the  more  remarkable 
because  it  was  in  this  very  case  of  Pcnnock  v.  Dialogue  that 
ho  explained  how  greatly  wo  were  dependent  upon  the  con.:: 
struetion  of  the  linglish  law  for  the  proper  interpretation  of 
our  own  ns  mentioned  on  a  fortnor  page.  (12.)  lie  said: 
further  on  that  occasion,  “The  words  of  our  stntutc  are  not 
identical  with  those  of  the  statute  of  Jntncs,  but  it  can  scarcely’ 
admit  of  a  doubt  that  they  must  ltnvo  been  within  the  con¬ 
templation  of  thoso  by  whom  it  was  framed,  ns  well  as  tho 
construction  which  had  been  put  upon  them  by  Lord  Coke.”' 
p.  20.  There  is  notone  expression  in  tho  Statute  of  Mo¬ 
nopolies  the  meaning  of  which  had  become  bettor  settled  than 
thnt  of  the  words  “  tirst  inventor,"  ns  may  be  scon  from  tho 
quotation  made  from  Dollaml's  Case,  ante  p.  14.  According 
to  Lord  Lyndhuhst's  remark  in  HomchiU  Go.  v.  Heilson, 
already  quoted,  “Tho  first  person  who  discloses  tho  inven¬ 
tion  to  the  public  is  the  first  inventor."  No  reason  rain  be 
suggested  why  this  construction  was  not  contemplated  by 
those  who  framed  tho  Act  of  1880,  and  why  it  was  not: 
intended  to  be  embodied  in  it  ns  inncli  as  the  construction 
upon  another  point  adopted  by  Lord  Coke.  Such  indeed 
has  been  the  import  attached  to  the  phrase  by  our  own 
courts.  A  large  portion  of  the  reasoning  of  the  court  in 
Gaglcr  v.  Wilder  is  addressed  to  this  very  subject,  and  is 
intended  to  show  that  it  is  not  to  be  interpreted  literally,  but 
is  to  bo  applied  properly  to  tho  ono  who  brings  n  discovery 
to  tho  knowledge  of  the  public.  How  common  it  is  to  attach 
this  meaning  to  tho  phrase  may  bo  seen  on  recurring  to  tho 
jxtrncts  which  have  boon  given  from  the  decisions  in  Sey¬ 
mour  v.  Osborne ,  nnto  p.  17,  Washburn  v.  Ooultl,  p.  18-11). 
Agawam  Co.  v.  Jordan,  p.  19,  Whitelg  v.  Swuyne,  p.  10,  anu 
Singer  v.  Walmsey,  p.  25.  Anothor  may  be  added  oil 
account  of  its  especial  pertinency  from  the  decision  of  Judgo 
Hall  in  Ransom,  v.  Mayor,  1  Fisli.  252.  “If  tlio  plaintiff) 
lid  not1  uso  reasonable  diligence  to  perfect  tlio  invention 
patented  after  tho  idea  of  it  was  .  first  eoncoived,  and 
in  tho  tneantimo  other  persons  not  only  conceived  tho  idea, 
but  porfeeted  the  invention,  and  practically  applied- it  to- 
public  uso  before  tlio  invention  of  tho  plaintiffs  had  boon' 
bo  far  porfeeted  that  it  could  bo  applied  to  practical  use, 
tlio  plaintiffs’  patont  is  void,  beenusethoy  wore  not  tho  first1 
and  originnl  invontors  of  tho  thing  patented."  p.  272/ 
Another  thing  which  seems  to  lmvo  had  its  influonco  in  lead¬ 
ing  Judgo  Stoiiy  to  his  conclusion,  is  tho  provision  contained’ 
in  tho  Acts  of  1798  and  of  1881),  for  uotorinining  contro- 


REDUCING  AN  INVENTION  TO  PRACTICE.  31 

vorsics  bctwcon  two  conflicting  applications.  This  introduced 
into  our  system  a  feature  undoubtedly  now,  though  since 
adopted  to  somo  oxtont  in  thnt  of  Great  Britain.  But  it  wont 
no  further  than  to  settle  tho  contest  between  two  competitors 
and  to  provide  means  for  ascertaining  which  is  entitled  to’ 
the  patont.  It  introduced  no  chnngc  in  tho  principles  upon 
which  priority  of  invention  is  to  bo  determined.  Thnt  is  loft 
to  be  ascertained  by  tlio  sumo  criteria  ns  in  a  trial  at  law 
upon  tlio  validity  of  a  patont.  There  is  not  n  word  in  eitlior 
of  the  statutes  that  countenances  the  idea  that  by  a  prior  in¬ 
ventor  is  meant  anything  else  than  the  person  who  shows 
thnt  lie  is  tlio  man  whom  tho  courts  would  adjudge  to  bo  the 
rightful,  patentee;  not  a  syllable  that  countenances  tho  sup¬ 
position  thnt  tho  person  intended  is  ho  who  hns  conceived 
the  inveulion,  but  has  never  reduced  it  to  pmetico,  whntovor 
progross  lie  has  mndo  short  of  that  toward  perfecting  it. 

■  Wo  fail,  therefore,  to  discover  in  what  was  alleged  by 
Judgo  Story  or  in  any  other  quarter,  the  slightest  reason 
for  dispensing  with- -.vlint  is  manifestly  an  essential  featuroin 
any  well-regulated  patont  systom,  mid  one  which  lias  been 
commended  to  us  by  tho  long  oxporiouco  of  tho  oldest  ono 
known,  that  of  Great  Britain.  It  is  the  system  which  our 
legislature  adopted,  and  thcro  is  no  indication  thnt  they  did 
not  intend  to  oinbmeo  this  prinuiplo  as  woll  us  tho  rest.  Tho 
whole  spirit  of  both  seems  to  requiro  that  inducements  should 
be  held  out  not  merely  to  prosecute  now  inventions,  but  to 
bring  them  before  tho  world.  Tho  rewards  each  holds  out 
are  intended  for  these  who  givo  their  fellow-citizens  tho  fruits 
of  their  ingenuity,  and  it  is  an  entiro  pervorsion  to  put  such  a 
construction  on  our  legislation  as  bestows  thoso. rewards  on 
the  man'  who  withholds  thorn  from  his  country. 

In  short,  it  defeats  the  principal  object  of  requiring  that’ 
tho  formor  embodiment  of  an  mvontion  shoulcl  have  been 
put  m  use  in  order  to  invalidate  n.pntent,  which  is  thnt  the 
public  should  obtain  a  knowledge  of  it.  Thnt  such  is  tho 
real  object  cannot  bo  reasonably  doubted,  and. should  not  bo 
forgotton.  But' to  seouro  it  tho  uso  must,  manifestly- be  a 
publievone.  To  requiro  that  it  should  have  been  in  uso,  yet 
allow  a.  uso  inprivato  to  satisfy  tho  requirement,  involvos  an 
absurdity. 

Somo  sorupio  has  been  expressed  (by  Dallas,  J.,  for  in- 
stonco,  in  Hill  v.  Thompson,  W.  P.  0.  289)  ns  to  tho  poworof 
the  State  to  doprivo  a  man  of  tho  privilege  of  using  anow  a 
device  which  ho  had  discovered  before  tho  patentee,  and  had 
in  actual  uso.  No  ono  ovor  thought,  howovor,  of  its  boing 
wrong  to  dony  such  a  privilege  to  the  porson  who  makes  tho 
same  discovery  afterward,  though  his  discovory  is  an  inde- 


LETTERS 


George  B.  Prescott 


COMMISSIONER  OF  PATENTS, 


Thomas  A.  "Edison 


JPapfes  and  <$M*ampfcs 


LETTERS  OF  GEORGE  B.  PRESCOTT  TO  THE 
COMMISSIONER  OF  PATENTS. 


New  Yoke,  June  2,  1876. 

IIon.  .T.  M.  Thacuer, 

Commissioner  of  Patents. 

Sir:  The  application  of  Thomas  A.  Edison  for  Let¬ 
ters  Patent  for  improvements  in  Duplex  Telegraphs, 
Case  No.  99,  filed  September  1,  1871,  which,  by  your 
decision  of  Mnrcli  20,  1876,  when  ready  for  issue  will 
be  granted  to  Edison  iind  Prescott,  assignees  of  Edison, 
clearly  and  tnimislnkeably  embraces  tho  invention  for 
which  Letters  Patent  No.  162,033,  of  April  27,  1876, 
were  issued  to  Edison  and  Harrington. 

In  tho  preliminary  descriptions  in  tho  two  applica¬ 
tions  (tho  application  of  1873  having  been  by  consent 
of  the  examiner  amended  in  this  respect  May  20,  1876) 
the  object  of  the  invention  purports  to  be  to  enable 
two  operators  to  simultaneously  send,  or  to  effect  the 
simultaneous  transmission  of,  two  different  dispatches 
or  signals  over  tho  saino  lino  wire  in  tho  same  direc¬ 
tion.  In  Patent  102,638  this  is  stated  to  bo  accom- 
/$»hcd  by  tho  transmission  of  positive  and  negative  cur- 
Kent*  over  tho  lino  to  effect  tho  reeoption  of  ono  mes¬ 
sage,- and  tho  increase  and  decrease  of  the  strengths  of 
these  currents  cither  positive  or  negative,  to  effect  tho 
reception  of  tho  other  message ;  while  in  Case  99  tho 
method  is  stated  to  bo  “  to  simultaneously  soud  over 
ono  wire  in  ono  direction  by  reversal  of  a  battery 
current  in  ono  instance,  and  increasing  and  decreasing 
tho  strength  of  the  current  in  the  other  instance." 

Tho  third  claim  of  Patent  102,683  is  for  "  tho  com¬ 
bination  with  tho  main  liao  circuit  of  a  reeoiving  in¬ 
strument  operated  by  changes  in  the  polarity  of  the  cur • 


rent  independently  of  tonsion,  with  another  receiving 
instrument  operated  by  changes  of  tension,  independent 
of  polarity,” 

This  is  a  broad  and  fundamental  claim,  legitimately 
and  properly  belonging  to  Case  99. 

The  fact  sought  to  be  expressed  by  the  terms  of  this 
claim  is  identical  with  that  recited  in  the  first  and 
second  olaiuis  of  Case  99,  and  the  language  employed 
is  in  effect  synonymous. 

A  receiving  instrument  operated  hy  "changes  in  the 
polarity  of  the  current,"  in  the  words  of  the  third  claim 
of  Patent  102,(139,  is  a  description  of  the  same  tiling  us 
“a  polarized  magnet"  which  “ respomls  to  change  of 
polarity,”  in  the  words  of  the  second  claim  of  Case  99. 
So  also  “a  receiving  instrument,  operated  by  changes  of 
tension,”  in  the  words  of  the  third  claim  of  Patent 
102,033,  is  a  description  of  the  same  thing  ns  an  “  ordi- 
nary  magnet”  which  "  responds  to  an  increase  and  de¬ 
cease  of  the  current,"  in  the  words  of  the  second  claim : 
of  Case  99. 

The  records  of  the  Patent  Olliee  show  that  the  original 
application  in  the  ease  or  Patent  No.  102,033,  was  filed 
April  20,  1873,  and  was  rejected  May  3,  1378.  A 
second  specification  was  filed  May  22,  1873,  upon 
which  action  was  suspended  at  the  request  of  the  attor¬ 
neys.  Both  of  these  specifications  stale  that  the  inven- ’ 
tion  has  for  its  object,  the  simultaneous  transmission 
two  despatches  or  signals  over  the  same  line  wire  fi^A 
x  "  opposite  (/iVreObns.’vjP'N'cilher  of  them  coiitain"any\ 
allusion  whatever  to  the  simultaneous  Irnnsmissroii  of 
two  despatches  in  the  same  dircction\^^2P.^ 

On  the  20th  of  March,  1875  (the  aimo  daylimt  you 
decided  that  the  Letters  Patent  upon  application  No. 
99  should  be  - issued  to  Kdison  and  Prescott),  a  third 
specification  was  filed  in  the  suspended  case,  which  was 
thereupon  allowed  by' the  Examiner,  without  further 
objection,  amendment,  or  alteration,  so  far  as  revealed  i 
by  tho  contonts  of  tho  file. 

In  this  now  specification  tho  description  and  claims 


were  altered  and  enlarged  for  tho  unmistakable  purposo 
of  embracing  tho  invention  sot  forth  in  application 
No.  99,  belonging  to  Edison  and  Prescott.  With  this 
view,  tlio  statement  of  the  object  of  tho  invention  was 
changed  so  as  to  include  the  simultaneous  transmission 
of  two  despatches  in  tho  same  direction,  and  in  further¬ 
ance  of  this  scheme  another  alteration  was  made  in  tho 
description  which  more  fully  illustrates  its  character. 
The  drawing  represents  an  apparatus  for  sending  two\ 
messages  simultaneously  in  opposite  directions,  but  with  I 
which  it  is  not  possible  to  send  two  messages  xmiuHmJ, 
ncously  in  the  same  direction.  To  got  over  tills  drift- 
culty  the  new  description  states  that  “tho  relay  A  B 
may  also  be  placed  at  a  number  of  stations,  if  A  or  II 
be  dispensed  with,  and  other  devices  applial  to  prevent  the 
mutilation  of  the  signals  hy  change  in  the  polarity  of  its 
iron  core.”  That  is  to  say,  if  one  element  of  the  com¬ 
bination  shown  in  the  drawing,  and  described  and 
claimed  in  the  specification  of  Patent  192,033,  bo  en¬ 
tirely  removed,  and  some  other  device,  neither  described 
therein  nor  shown  in  the  drawing,  bo  substituted  there-  j 
for  (for  example,  the  only  one  thus  far  invented,  the  dc- ; 
vice  shown  in  Ctisc  99  belonging  to  Kdison  and  Prescott),  j 
then  the  apparatus  would  bo  competent  to  perform  the/ 
function  claimed  for  it,  viz.:  the  simultaneous  trans¬ 
mission  of,  two  despatches  in  the  same  direction.  , 
vYs  I  have  before  shown,  the  fundamental  principle 
of  the  invention  consists  in  _  tho  combination  of  a  re¬ 
coiling  instrument  operated  by  changes  in  the  polarity 
of  tine  current  independent  of  its  strenglh,  with  another 
receiving  instrument  operated  by  changes  in  tho 
strength  of  the  current  independent  of  its  polarity. 
The  examiner’s  letter  of  May  8d,  1878,  rejecting  the 
original  application  of  April  26th,  1873,  as  then  pre¬ 
sented,  shows  conclusively  that  he  understood  the  rela¬ 
tion  of  the  separate  elements  of  this  combination  to  tho 
slate  or  tho  art  at  that  time.  Subsequently,  Kdison 
assigned- one-hnlf  his  right  iu  this  invention  to  me,  and 
then  filed  a  new  application  subject  to  this  assignment, 


known  os  Case  99,  in  which  the  fame  elements  were 
again  presented  and  properly  claimed  in  combination. 
While  the  latter  application  was  pending  in  the  Patent 
Office,  Georgo  Harrington,  with  the  connivance  of  Edi- 
son,  sought  to  deprive  me  of  my  rights  in  this  invention, 
A  contest  ensued,  which  resulted  in  your  decision  o[ 
March  20th,  1876,  that  tiic  patents  for  Case  09,  when 
ready  for  issue,  will  he  granted  to  Edison  and  Prescott 
In  utter  disregard  of  botli  the  letter  and  tlio  spirit  of 
this  decision,  tho  Examiner  subsequently  allowed  Edi¬ 
son's  suspended  application  of  April  20th,  1878,  to 
pass  to  issue,  after  having  been  amended  by  the  inser¬ 
tion  of  a  new  claim,  covering  in  tho  broadest  forms  tho 
invention  which  forms  the  subject,  matter  of  Case  99. 
This  patont  wns  granted  to  Edison  and  Harrington  by 
virtue  of  an  assignment  executed  and  recorded  several 
days  after  yonr  decision  of  Mareli  20th,  1876,  and 
moro  than  seven  months  after  the  assignment  to  me, 
which  you  decided  compelled  the  issue  of  the  patent 
for  this  invention  to  Edison  and  myself,  nud  not  to 
Edison  and  Harrington. 

Tho  great  wrong  thus  done  me,  in  violation  of  both  ' 
tiie  letter  and  the  spirit  of  your  decision,  is,  I  presume, 
beyond  roinedy  in  tho  Patent  Office,  and  I  must  look 
to  the  courts  lor  the  recovery  of  my  rights ;  but  there 
mny  bo  other  applications  of  Edison’s  on  filo  in  the 
Patent  Office,  and,  to  guard  against  a  repetition  of  the 
error  committed  in  issuing  Patent  No.  102,088, 1  linvo 
prepared  a  digest  of  tho  subject  matter  of  the  appiV.a- 
lions  which  were  assigned  specifically  to  me,  and  of'tiio 
caveats  describing  improvements  upon  the  same,  which 
digest  will  bo  forwarded  to  you  in  a  fow  days. 

I  havo  the  honor  to  be, 

Vory  respectfully, 

Your  ob’t  servant, 

Geohoe  B.  PjtEsoorr., 


I’liomas  A.  Edison,  dated  Aug.  19tli,  1874,  and  re- 
lorded  Aug.  29lli,  1874,  Liber  B.  18,  p.  02,  Transfers 
if  Patents ;  together  with  a  digest  of  the  subject-matter 
lontained  in  certain  applications  for  Letters  Patent  and 
invents,  subsequently  filed  in  the  Patont  Office  by  Mr. 
Edison,  in  which,  by  virtue  o(  the  terms  of  said  assign- 
nent,  I  linvo  also  nil  interest. 

The  assignment  of  Edison  to  Prescott,  of  August 
19th,  1874,  conveys  to  the  latter— 

First. — "  Certain  improvements  in  duplex  telegraphs," 
described  in  applications  for  Leltors  Patent,  numbered 
94,  95,  90,  97,  98,  99  and  100. 

Second. — “  Otl  c  j  oi  t  l  /  I  i  t  !  j  ij! 
Hie  descriptions  or  which  have  been  lodged  with  George 
M.  Phelps,  for  the  purpose  of  models  being  construc¬ 
ted."  said  improvements  being  described  m  applica¬ 
tions  numbers  111  nnd  112. 

Third.— “An  cqunl  undivided  intorcst  in  all  Letters 
Patont  of  the  United  Slates,  or  of  any  foreign  countries, 
which  may  bo  granted  for  all  or  any  of  said  inventions, 
m-jpr  any  future  improvements  tlioreon  made  by  cither 
party,  and  or  all  oxtonsions  nnd  reissues  of  any  such 
Letters  Patent." 

In  order  that  the  patents  for  tlicso  inventions  may 
be  properly  issued  to  Mr.  Edison  and  myself,  it  seems 
desirable  to  indicate  clearly  wlmt  are  the  particular 
inventions  described  in  the  abovo  named  applications, 
and  which  of  the  inventions  nnd  doviccs  described  in 
Edison’s  subsequent  oaveals  nnd  applications,  are  im¬ 
provements  thereupon. 


I  deem  it  unnecessary  to  fully  describe  nil  tlio  inven¬ 
tions  set  forth  in  the  nbove  mentioned  scries  of  applica¬ 
tions,  and  now  on  (lie  at  the  Patent  Office,  and  shall 
refer  only  to  such  ns  constitute  the  basis  of  subsequent 
improvements. 

The  preliminary  description  of  case  00  states  that 
“  the  object  of  this  invention  is  to  enable  two  opera¬ 
tors  to  simultaneously  send  over  one  wire  in  one  direc¬ 
tion  by  reversal  of  a  battery  current  in  one  instance, 
and  increasing  and  decreasing  the  strength  of  the  ear- 
ront  in  the  other  instance.''  *  *  '  «  *  * 

“By  duplicating  the  pnrtshcrcin  'dcscribcd,  fourtnins- 
mitting  operators  and  four  receiving  operators  can 
work  simultaneously  over  one  wire— two  or  each  being 
at  eaoli  end.”  The  above  described  invention,  with  the 
subsequent  improvements  upon  it,  constitutes 'the  quad¬ 
ruples  telegraph. 

Figure  1  shows  the  invention  as  perfected  and  em¬ 
ployed  in  actual  service. 

T'  is  a  double  current  transmitter  or  pole-changer, 
operated  by  an  electro-magnet,  local  batierv  and 
finger  key  IC,,  in  a  manner  well  understood.  ’  'I  lie 
ofitce  of  the  transmitter  T1  is  simply  to  interchange  the 
poles  of  the  main  battery  E1  with  respect  to  the  line  and 
ground  wires,  whonovor  the  koy  K1  is  depressed;  or,  in 
other  words,  to  reverse  the  polarity  of  Lhc  current  upon  ■ 
the  lino  by  reversing  tlio  poles  of  battery  E‘.  By  tlio 
use  of  properly  arranged  spring  conlacU  si  sj,  this  is- 
done  without  at  any  time  interrupting  the  circuit.1 
Thus  tho  movements  of  the  transmitter  T*  cannot  niter, 
the  strength  of  the  current  sent  out  to  tho  line,  but  only; 
its  polarity  or  direction.  Tho  second  transmitter  T*  is 
operated  by  a  local  circuit  nnd  koy  Kr  in  the  same’ 
manner.  It  is  connected  with  tho  battery  wire  12,  of 
ffio  transmitter  T:  in  such  a  way  that  when  tho  kov 
K  is  depressed  the  battery  E,  is  enlarged  by  tho  nddi-  i 
bon  of  a  second  battery  Ea  of  about  three  times  the  mini-’ 
her  orcolls,  by  moans  of  which  addition  it  is  enabled  to 
send  a  current  to  tho  line  of  four  times  the  original- 


trength,  but  tho  polarity  of  tho  current  with  respect 
o  the  lino  of  course  still  rcm-iins  ns  before,  under 
lontml  of  tho  first  transmitter  T*. 

At  the  other  end  of  the  line  are  the  two  receiving  in- 
itrnments  It1  and  JP.  Jl*  is  a  polarized  relay  with  n 
icrmnncnlly  magnetic  armature,  which  is  deflected  in 
mo  directi-m  by  positive,  and  in  tho  other  by  negn- 
-ive  currents,  without  reference  to  their  slrougth.  and 
his  rchiy  eonscqueutly  responds  solely  to  the  move- 
ncnls  of  key  K1,  and  o-jonttes  tho  soundor,  S1,  by  a 
ocal  circuit  from  battery  L1  in  tho  usual  manner.  Relay 
If*  is  placed  in  the  samo  main  circuit,  nnd  is  provided 
vitli  a  neutral  or  soft  iron  armature,  which  responds 
■villi  equal  readiness  to  currents  of  either  polarity,  pro¬ 
dded  they  are  strong  enough  to  induce  sufficient  iniig- 
letism  in  its  cores  to  overcome  the  tension  of  the  oppos- 
ng  armature-spring.  The  latter,  however,  is  so  ad- 
listed  that  its  retractile  loreo  exceeds  the  magnetic 
itlraetioii  induced  hy  the  currentof  the  battery  E1,  but 
s  easily  overpowered  by  that  of  the  current  from  I'l*  and 
lia  combined,  which  is  about  four  times  us  great.  There- 
•ore,  the  relay  IP  responds  only  to  the  movements  of 
coy  Ka  and  transmitter  T3. 

A  dilliciiltv  arises,  however,  in  this  connection,  from 
lie  fact  that  when  tho  polarity  of  the  current  upon 
,he  line  is  revorsod,  during  tho  time  in  which  tho 
trmnturc  of  IP  is  attracted  to  its  poles,  the  armature 
,v ill  rail  oil  for  an  instant,  owing  I  tin  cc  m  in 
jf’iall  attractive  foreo  during  tho  timo  when  the 
ihiinge  of  polarity  is  actually  taking  place,  and  which 
would  tend  to  confuse  the  signals  if  the  soundor 
was  connected  in  the  ordinary  way.  By  the  arrange- 
ncitl  shown  in  tho  figure,  tlio  armature  of  tho  rolny  IP 
nukes  contact  on  its  back  stop,  nnd  thus  oporntes  a 
iceoml  local  relay  S  by  means  of  a  local  battery  L. 
L'his  local  relay,  by  its  back  stop,  nnd  a  tfccond  local 
lottery  La  operates  tho  recoiving  sounder  Sa.  Thus  it 
will  ho  understood  that  when  relay  IP  attracts  its  anna- 
ure  tho  local  circuit  of  soundor  Sa  will  bo  closed  by 


tlio  buck  contact  of 'local  relay  S;  but  if  tho  armature 
of  R3  falls  oil'  it  must  roach  its  back  contact,  and  remain 
there  long  enough  to  complete  the  circuit  through  the 
local  relay  S,  and  operate  it,  before  tho  sounder  S3  will 
be  ufl'cclcd.  But  the  interval  of  no  magnetism  in  the 
relay  R3,  at  the  change  of  polarity,  is  too  brief  to  per- 
nut  its  armature  to  remain  on  its  back  contact  long 
cough  to  affect  the  local  relay  S,  and  thus  tho  signals 
from  K3  are  properly  responded  to  by  tho  movements 
of  sounder  S3. 

By  placing  tho  two  receiving  instruments  R  and 
>"  die  bridge  wire  of  a  •«  Wheatstone  balance,"  a 
duplicating  the  entire  apparatus  at  each  end  of  the  lii 
the  currents  transmitted  from  either  station  do  i 
allect  the  receiving  instruments  at  that  station.  Th 
m  figure  1  the  keys  K‘  and  K3  are  supposed  to 
at  New  York,  and  their  movements  are  responded 
only  by  the  receiving  relays  R>  and  K3  at  Bostc 
ihc  duplicate  parts  which  arc  not  lettered  operate 
precisely  the  same  manner,  but  in  the  opposite  dire 
t|on  with  respect  to  the  line. 

In  applying  tins  system  of  qnadrii|  lc\  t  i  s  iss  c 
“I’0"  bnes  of  considerable  length,  it  was  found  that  tl 
interval  of  no  magnetism  i„  the  receiving  relay  R 
(winch,  as  above  stated,  hikes  place  at  every  reversal  i 
in  the  polarity  of  the  line  current),  was  greatly  lengtl 
cued  by  the  action  of  the  static  discharge  from  til 
line,  so  that  the  contrivance  of  the  local  relay  S  wi 
not  sufiicicnt  to  wholly  overcome  the  difficulties  nrisin 

Adieostiitcriesistane.X-wnsUicrefii, 

I'hiccd  in  the  bridge-wire  with  the  receiving  inslru 
n.o"ts,R  n"d  li3,  and  shunted  with  a  condenser  r,  o 
CO  SKlcrahie  capacity.  Between  the  lower  plate  of  th 
condenser  mid  the  junction  of  the  bridge  mid  earth 
unonThn  ' dlt'°"'11  ‘•'lcc,ro‘l"ag"et,  r  was  placed,  actiaj 
upon  the  armature  lover  of  the  relay  R3,  and  in  the  earn' 
curren,  r°  Cft'°Ct  10,'.tl,is  1UT«"gcme„t  is,  that  when  tin 
Llv  L  I  0"0  |K!lnr,tjr  .a,ns03> 1,10  condenser  c  immedi 
ctcly  discharges  through  tho  magnet  r.  which  nets  non, 


wo  armature  lever  of  relay  Ra,  ami  rotnina  it  in  posi- 
•io"  lor  “  brief  l'mo  before  the  current  of  ibo  opposite 
rolarity  arrives,  anil  thus  serves  to  bridge  over  the  iii- 
orvnl  of  no  magnetism  between  the  currents  of  oppo- 
ito  polarity. 

Snob  is  tbo  invention  which  was  conveyed  by  Edi- 
on’s  assignment,  of  the  tilth  of  August,  187-1. 

A  ny  method  of  sending  two  communications  simul- 
tncously  ovor  the  same  wire,  cither  in  tbo  same  or  op- 
osito  directions,  or  in  both  directions,  one  by  changing 
ic  polarity  of  tbo  current  and  tbo  other  by  changing 
io  strength  of  tbo  current,  was  new  at  the  dnt°  of 
dison’s  invention,  and  was  therefore  patentable  in  its 
•oml  sense,  without  reference  to  the  particular  devices 
nployed  to  ellbct  the  necessary  changes  in  tbo  polarity 
•  in  the  strength  of  tbo  current.  This  fundamental  priti- 
plo  of  the  quadruple*  system  which  has  been  derciibed  I. 
embraced  in  Application  No.  00,  which  also  includes  '%/ 
o  arrangement  of  the  relay  Jia,  local  relay  S  and  'J-  'Z 
under  Sa,  above  set  forth.  ' 

Application  No.  112  describes  certain  improvements  A.wr 

the  apparatus,  for  the  purpose  of  equalizing  tbo  U 
mpensntion  Tor  sU-uic  discharge  by  means  of  gradu¬ 
al  condensers,  and  a  differont device  for  obviating  tlio 
ufusion  of  signals  produced  by  the  tendency  of  the 
utral  relay  io  open  during  the  time  the  change  of 
hirily  is  hiking  place. 

Application  No.  118  describes  a  method  of  coupling 
gctlici  two  quadruples  circuits,  such  as  that  ropre- 
"ted  in  figure  1,  by  means  of  repeaters,  so  that  direct 
mmimiention  may  be  carried  on  through  much 
sater  distances  than  is  possible  in  a  single  circuit. 

Jinny  or  the  caveats  subsequently  filed  by  Edison 
3  modifications  of  the  invention  described  in  case  00 
The  following  summary  of  such  of  these  caveats  as 


Caveat  No.  51,  Hied  December  0,  1874,  shows  a 
method  of  qiindruplcx  telegraphy,  and  is  an  improve¬ 
ment  upon  the  duplex  method  described  in  application 
00.  In  No.  00,  two  messages  may  he  sent  simultane- . 
oiisly  in  the  same  direction,  one  by  changes  in  the  - 
polarity  and  the  other  by  changes  in  the  strength  of  tho 
current.  The  same  thing  is  done  in  the  present  case,, 
except  that  two  polarized  relays  are  employed  in  lieu 
of  one  polarized  and  one  neutral  relay.  This  is,  there¬ 
fore.  an  improvement  on  No.  00,  the  fundamental  priri-. 
ciple  being  the  same  but  the  details  dillcrdnt.  The  ' 
two  receiving  instruments  at  each  end  of  the  line  aro 
placed  in  the  bridge-wireof  a  Wheatstone  balance,  thus 
rendering  it  possible  to  transmit  four  messages  simul¬ 
taneously. 

Caveat  No. -52,  tiled  December  0,  1S7-1,  also  shows  a  , 
method  of  qnadruplex  telegraphy,  based  on  the  duplex  , 
principle  described  in  No.  00,  one  message  being  trans¬ 
mitted  by  changes  in  the  polarity,  and  the  other  by 
changes  in  the  strength  of  the  currant.  This  caveat 
contains  an  important  improvement  in  the  quadruples 
apparatus,  consisting  of  an  extra  mngiict  acting  upon 
the  armature-lever  of  the  neutral  relay,  and  so  placed 
as  to  receive  the  charge  and  discharge  of  a  condenser 
connected  with  the  bridge-wire,  for  tho  purpose  of 
holding  the  armature  of  the  neutral  relay  while  the  re¬ 
versal  of  polarity  is  taking  place. 

Caveat  No.  55,  dnted  January  18,  1875,  describes 
other  improvements  in  the  details  ortho  method  of  du¬ 
plex  transmission  shown  in  application  No.  00,  tho 
fundamental  principle  remaining  unchanged.  It  con- k 
sists  in  an  improved  construction  of  the  polarized  relay, 
and  in  tho  employment  of  a  “  secondary  battery-  "  (a  v 
liquid  condenser)  to  neutralize  the  static  discharge  from  " 
tho  line.  It  also  contains  devices  for  repeating  front  ■ 
one  line  to  another. 

Caveat  No.  58,  dated  January  18,  1875,  describes  ; 


other  improvements  upon  tho  invention  set  forth  in 
application  No.  90,  and  showing  how  it  may  bo  adapted 
to  repeat  messages  from  one  circuit  into  another.  This 
improvement  is  embraced  in  application  No.  118. 

Caveat  No.  57,  dated  Jan,  18,  1875,  describes  other 
improvements  upon  the  invention  sot  forth  in  applies- 
tion  No.  99.  Instead  of  two  separate  relays,  a  singlo 
rolay  with  two  armatures  is  employed;  one  armature 
being  operated  by  changes  of  polarity  and  tho  other 
by  changes  of  current.  An  induction  coil  is  substi¬ 
tuted  for  tho  condenser  doscribod  in  caveat  No.  52,  for 
the  purpose  of  holding  the  neutral  armature  in  placo 
while  the  polarity  is  reversed.  An  induction  coil  is 
also  used  to  compensate  for  the  static  discharge  of  tho 

Caveat  No.  00,  dated  Jan.  18,  1875,  describes  fur¬ 
ther  improvements  upon  the  invention  set  forth  in  ap¬ 
plication  No.  99.  It  shows  improved  methods  of  con¬ 
structing  the  polarized  nnd  neutral  relays  to  render 
them  more  easy  of  adjustment ;  the  application  of  a 
condenser  to  the  bridge  wire,  for  the  same  purpose,  but 
in  a  different  manner  from  that  described  in  caveat  No. 
52 ;  and  the  application  of  a  repeating  local  relay  to 
the  polarized  receiving  relay.  It  also  describes  a  dif¬ 
ferent  method  of  transmitting  alternate  positive  and  r.cg-  • 
ntive  currents  by  one  key,  and  increasing  and  decreas¬ 
ing  tho  potential  or  strength  of  current  by  another  key 
at  the  same  station. 

It  will  readily  he  perceived  that  all  the  in  ventions 
and  devices  described  in  applications  Nos.  112  .ind  113, 
and  in  caveats  Nos.  51,  52,  55,  58,  57  nnd  GO,  are  mod¬ 
ifications  of,  or  improvements  upon,  the  invention  de¬ 
scribed  ill  application  No.  99,  which  contains  tho  fun¬ 
damental  principle  of  tho  qundruplox  apparatus.  And 
I  respectfully  submit  that  when  Mr.  Edison  conveyed 
to  me  one-half  interest  in  each  nnd  all  of  theso  inven¬ 
tions,  he  constituted  tno  irrevocably  the  owner  of  such 


one-half;  and  tlmt  iho  subsequent  application  Tor  a 
patent  on  the  amended  specification,  filed  in  tho  office- 
March  20, 1876,  and  tho  passing  by  the  Examiner  of: 
the  same  (thus  procuring  tho  issue  of  patent  No... 
162,083  to  Edison  and  Harrington)  was  manifestly  in 
derogation  of  my  rights,  and  was  surreptitiously  dis- 
obedient  of  your  decision  of  March  20,  1876;  that  the 
patents  for  these  inventions,  when  issued,  should  bo  , 
issued  to  Edison  and  myself. 

I  have  tho  honor  to  be,  very  respectfully,  your  obe- 


GKOIK1K  B.  PltKSCOTT. 


.New  York,  Deccmler  18(7i,  1876, 
Hon.  R.  Hollaed  Duell, 

Commissioner  of  Patents. 

Sin — I  desire  to  call  your  attention  to  certain  official 
acts  of  Mr.  Z.  F.  Wilber,  a  primary  examiner  in  tbo 
United  States  Patent  Office,  in  connection  witli  tbo 
matters  sot  forth  in  tlio  following  statement: 

On  tlio  10th  of  August,  1874,  Thomas  A.  Edison, 
by  an  assignment  recorded  August  20,  1874,  in  Liber 
R  18,  pngo  02  of  Transfers  of  Patents,  convoyed  to  mo 
a  half  interest  in  his  inventions  in  Duplex  Telegraphs, 
set  forth  in  his  applications  for  patents  therefor,  num¬ 
bered  04,  05,  06,  07,  08,  00  and  100,  and  in  certain 
other  of  his  inventions  in  duplex  telegraphy,  the  de¬ 
scriptions  of  which  were  lodged  with  George  M.  Phelps 
for  tlio  purpose  of  having  models  constructed  to  accom¬ 
pany  applications  for  patents  therefor. 

While  tho  nbovo  named  applications  were  ponding 
in  tho  Patent  Office,  on  tho  28d  of  January,  1875,  Mr. 
George  Harrington  addressed  a  petition  to  tlio  Commis¬ 
sioner  of  Patents,  asking  that  letters  patent  upon  tho 
aforesaid  applications  should  bo  granted  to  Thomas  A. 
Edison  and  himself,  as  assignees  of  Edison,  under  nn 
alleged  assignment  dated  April  4th,  1871,  and  rccordod 
iu  tho  Patent  Office  May  Otli,  1871,  in  Liber  U 18,  page 
1112,  of  Transfers  of  Patents. 

On  the  same  day  Mr.  Thomas  A.  Edison  addressed  a 
letter  to  tho  Commissioner  of  Patents,  without  my 
knowledge  or  consent,  withdrawing  his  request  for  tho 
issue  of  patents  upon  these  applications  to  Edison  and 
Prescott,  and  requesting  that  they  bo  issued  to  Hnrring- 
ton  and  Edison. 

Thereupon  tho  Commissioner  of  Patents  instituted 
nn  inquiry  into  the  scope  of  tho  two  assignments  re¬ 
ferred  to,  pending  which  lie  directed  that  tho  applica¬ 
tions  should  bo  transmitted  to  him.  Ho  nlso  directed 
Mr.  Wilber,  the  examiner  of  this  class  of  inventions,  to 


/?  7  5” 


report  to  him  the  meaning  of  the  expression  “  fast  tele¬ 
graphy  "  contained  in  the  assignment  to  Harrington; 
mid  therein  used  to  define  tbo  character  of  the  ittven- . 
tions  convoyed. 

On  tlio  20tli  of  January, 1875,  Mr.  Wilber  made  his 
report  to  the  Commissioner  of  Patents,  stating  substan¬ 
tially  that  fast  telegraphy  included  duplex  and  quad- 
rttplcx  systems  of  telegraphy,  and  so  covered  the  in¬ 
ventions  which  had  been  specifically  assigned  to  my¬ 
self. 

This  construction  of  the  Ilnrrington  and  Edison  in¬ 
strument  of  April  4,  1871,  was  contested  by  mo  upon, 
a  hearing  before  tho  then  Commissioner  of  Patents, 
and  niter  full  and  elaborate  arguments  by  the  respeo-. 
tivo  counsel  on  both  sides,  tho  Commissioner  decided 
on  March  20,  1876  [see  Official  Gazelle ,  vol.  7,  pager 
423],  that  the  patents  for  the  inventions  herein  referred; 
to  when  ready  for  issue  should  be  granted  to  Edison; 
and  Prescott,  and  not  to  Edison  and  Harrington,  thus 
completely  overruling  the  position  taken  by  Wilber  in 
his  report. 

On  the  very  same  day  that  the  Commissioner  made 
this  decision  in  my  favor,  namely,  March  20,  1876, 
Thomas  A.  Edison  revived  nil  old  application,  desig¬ 
nated  by  him  as  Case  H  (which  had  been  filed  April  20,  ■ 
1S73,  and  rejected  by  Wilber  May  8d,  1S73),  by  tho 
filing  of  amended  specifications  niul  claims  which  were 
intended  to  embrace,  and  did  in  fact  embrace,  the  most 
important  invention  contained  in  tho  applications  as¬ 
signed  to  me. 

This  old  application,  thus  amended  so  ns  to.  include 
one  of  tho  most  important  inventions  which  the  Com¬ 
missioner  of  Patents  had  just  decided  should  be  issued  • 
to  Edison  and  Prescott,  was  llirco  dnys  after  (his  do-  . 
cision  assigned  to  Edison  nnd  Harrington,  y.with  the 
ovidont  nnd  unmistnkcnblo  intent  to  defraud  mo  of 
my  rights. 

Immediately  alter  tho  Commissioner  lmd  rendered  his 
decision  oi  March'20,  Edison  and  Harrington  applied 


to  the  Secretary  of  tho  Interior  to  withhold  his  signa¬ 
ture  from  tho  patonts  which  should  bo  granted  by  tho 
Commissioner  to  Edison  and  Prescott  This  application 
was  ontortained  by  tho  Secretary  of  the  Interior,  nnd 
tho  subject  was  fully  argued  boforo  him  by  tho  respec¬ 
tive  counsel.  Ponding  his  decision,'  which  up  to  this 
timo  has  not  been  promulgated,  all  action  upon  these 
oases  was  directed  to  bo  suspended. 

In  utter  disregard  of  these  facts,  however,  and  whilo 
tho  applications,  the  titles  to  which  woro  in  dispute, 
were  in  the  hands  of  tho  Secretary  or  tho  Interior,  Mr. 
Wilber,  on  tho  24th  of  April,  1875,  allowed  tho  patent 
upon  tho  rovived  and  amended  application  above  re¬ 
ferred  to,  signed  the  file,  and  delivered  it  for  issuo  by 
tho  usual  channel  in  tho  Patent  Ollico. 

Thus,  in  utter  disregard  of  both  tho  letter  and  tho 
spirit  of  the  Commissioner's  decision  of  March  20th, 
1876,  and  in  wilful  disobedieueo  of  tho  orders  for  tho 
suspension  of  all  action  upon  tho  applications  for.tboso 
inventions  whilo  under  tiio  consideration  of  the  Secre¬ 
tary  of  tho  Interior,  Mr.  Wilber  allowed  Edison  s 
suspended  application  of  April  20th,  1873,  to  pass  to 
issuo,  after  having  been  amended  by  tho  insertion  of  a 
new  claim,  covering  in  the  broadest  terms  the  invention 
which  forms  tho  subject  matter  of  caso  99,  which  was 
assignod  to  Edison  nnd  Prescott. 

Bv  this  procedure,  Mr.  Wilber  causod  a  patent,  con¬ 
veying  the  tillo  to  tho  very  invention  which  was  in 
dispute  to  bo  granted  to  tho  parties,  to  whom  tho  Com¬ 
missioner  of  Patonts  had  previously  decided  that  it  was 
not  to  be  granted  j  thus  virtually  usurping  tho  official 
functions,  not  only  of  tho  Commissioner,  but  oven  of 
the  Secretary  of  tho  Intorior,  in  taking  upon  himself 
to  decide  ns  to  whom  this  invention  was  to  bo  awarded. 

Tho  Commissioner’s  inquiry  into  tho  title  to  caso  99 
was  practically  an  inquiry  into  tho  titlo  to  tho  inven¬ 
tion  claimed  in  case  H.  Wilbcr  himself  in  Ins  opinion 
of  Jhnunry  29,  put  both  enses  on  the  samo  footing;  yet 
Wilber,  in  violation  and  neglect  of  his  plain,  duty  in 


the  premises!  did  not  direct  tbo  attention  of  llio  Com¬ 
missioner  of  Patents  to  tlio  character  of  tlio  invention 
sot  forth  in  ease  H,  nor  to  the  fact  that  a  now  and  ex¬ 
panded  claim  had  been  filed  therein  covering  the  very 
invention  claimed  in  case  00.  It  was  also  tlio  duly  of 
tlio  examiner  to  notify  tlio  applicants  for  ease  00  of  tlio 
existence  of  a  prior  application  embodying  tbo  snmo  in- 
vention  ;  but,  ns  the  file  of  Cnso  00  shows,  Wilber  did 
not  give  that  information.  After  the  Commissioner's 
decision  was  announced,  Wilber  having  allowed  this 
patent  embodying  one  of  tbo  inventions  which  the 
Commissioner  had  decided  belonged  to  Edison  and 
myself,  ns  assignees  of  Edison,  still  failed  to  inform  tlio 
Commissioner  of  his  action,  and  consequently  tbo  patent 
upon  Cnso  IT,  for  tbo  invention  described  in  Case  00 
(being  patont  No.  102, G83,  dated  April  27th,  1876), 
was  issued  to  Edison  and  Harrington. 

Wilber,  as  the  examiner,  was  the  only  person  in 
the  Patont  Oilice  who  could  identify'  the  invention  for 
which  this  patent  on  Case  II  was  granted,  and  it  will 
til  us  bo  seen  that  Wilber  not  only  failed  to  carryout 
the  direction  of  tlio  Commissioner  of  Pulents  contained  • 
in  his  decision  of  March  20,  1876,  that  the  patent  for  ■ 
this  invention,  when  issued,  should  be  issued  to  Edison, 
and  myself,  but  indicated  in  some  way  that  it  was  a 
patent  to  be  issued  to  Edison  and  Harrington,  whereby 
it  was  wrongfully  so  issued. 

I,  therefore,  clinrgo  upon  tbo  foregoing  facts,  in  con¬ 
nection  with  tbo  grant  of  Letters  Patent  of  tlio  United 
States,  102,033 : 

First — That  Mr.  Wilber  wilfully' ami  improperly 
neglected  to  inform  the  Commissioner  ol  Patents  of  tbo 
cxislenco  in  tbo  Patent  Offico  of  n  prior  application  of 
Thomas  A.  Edison  for  n  patent  embodying  substan¬ 
tially  tbo  same  invention  ns  that  described  and  claimed 
in  Edison’s  application,  designated  Case  00,  although  ho  • 
well  know  that  tlio  Commissioner  was  ongnged  in 
inquiring  into  tbo  question  of  the  ownership  of  the  said 


Secondly — That  ho  wilfully  and  improperly  neglected 
.o  notify  tho  applicants  for  Cnso  00  that  an  older  appli¬ 
cation  for  a  patont  for  substantially  tho  snmo  invention 
is  that  described  and  claimed  in  Case  00  was  on  filo 
uul  in  his  possession  ns  tho  examiner  of  tbo  class  of 
inventions  to  which  this  application  belonged, 

Thirdly — That,  well  knowing  the  soopo  of  tlio  Com¬ 
missioner's  inquiry  and  decision,  and  well  knowing 
that  tho  invention  described  in  Cnso  00  had  boon 
assigned  to  Edison  and  Prescott,  Wilber  wilfully  neg¬ 
lected  to  inform  tbo  Commissioner  that  Edison’s  old 
application,  filed  April  20,  1878,  and  rejected  by  him 
(Wilber)  May  8,  1873,  bad  been  revived  by  tlio  filing 
on  Mnrcli  20, 1876,  of  nn  amendment  covering  the 
identical  invention  described  in  Caso  00,  nnd  which  tlio 
Commissioner  bail  decided  belonged  to  Edison  and  my¬ 
self. 

Fourthly — That,  well  knowing  the  force  nnd  effect  ol 
tbo  Commissioner’s  decision  and  order  made  March  20, 
1876,  directing  that  tlio  pntents  for  tbo  inventions 
described  in  certain  cases,  among  them  Caso  99,  when 
issued,  should  bo  issued  to  Edison  and  Prescott,  ns 
assignees  of  Edison,  Wilber  nevertheless  wilfully  neg 
lected  to  inform  tbo  Commissioner  of  tho  fuot  that 
Edison’s  aforesaid  application,  amended  March  20 
1S76,  was  for  substantially  tlio  snmo  invention  ns  tbn 
described  and  claimed  in  Case  09. 

Fifthly  — That  Wilber,  well  knowing  that,  by  tin 
routine  of  the  Patent  Ofiice,  Edison’s  amended  npplicn 
'  tion,  onco  signed  and  delivered  by  him,  would  go  ti 
patent  without  attracting  further  notice,  did,  on  tin 
24th  of  April,  1876,  sign  tho  said  filo  and  delivor  tin 
snmo  for  issue  by  tlio  usual  channel,  nolwithstnndin! 
tho  fact  that  he  (Wilber)  know  that  the  invention  d( 
scribed  and  claimed  in  tho  said  application  was  in  sut 
stance  identical  with  the  invention  described  an 
claimed  in  Case  99.  .  .  „  . 

.  I  also  dcsiro  to  call  your  attention  to  the  follow  in 


Aa  soon  ns  possible  nflor  rooming  notice  of  the  issuoof 
tlio  letters  patent  102,083,  nbovo  roferrecl  to,  I  addressed 
to  tlio  Commissioner  of  Pntonts  two  letters,  copies  of 
which  will  bo  found  in  tlio  onclosed  pamphlet.  In: 
my  letter,  on  page  0, 1  referred  spcciflcnlly  to  tbo  inven¬ 
tions  assigned  to  mo.by  Edison  and  embraced  in  tlio' 
Commissioner’s  decision  of  March  20,  1875,  ns  follows: 

Tho  assignment  of  Edison  to  Prescott  of  August 
19th,  1871,  conveys  to  the  latter— 

First  "Certain  improvements  in  duplex  tele¬ 
graphs  ”  described  in  applications  for  letters  patent, 
numbored  94,  95,  90,  97,  98,  99  and  100. 

Suomi—'1  Otiior  improvements  in  duplex  telegraphs, 
tho  descriptions  of  which  linvo  been  lodged  with  Geo. 
M.  Phelps,  for  tho  purposoof  models  being  constructed," 
said  improvements  being  described  in  applications 
numbers  111  and  112. 

Case  111  had  boon  delivered  by  Wilbor  to  the  Com¬ 
missioner  of  Patou  ts,  nnd  had  been  retained  by  tho  Com¬ 
missioner  during  tho  time  that  ho  was  engaged  in  tho 
inquiry  into  tlio  controversy  between  IEnrriiigton  nnd 
myself  upon  the  question  of  title. 

Tho  Commissioner’s  decision  of  March  20th  covered 
tlio  inventions  for  which  models  lmd  boon  mndc  by 
Georgo  M.  Phelps.  It  was  well  known  to  Wilber  that 
Phelps  made  tlio  model  filed  with  Case  111,  having  • 
been  specially  informed  of  the  fact  by  Georgo  M- 
Phelps,  .Tr,,  the  clerk  or  foreman  of  his  father,  Georgo 
M.  Phelps,  under  whoso  supervision  the  models  wero  • 
made,  and  who  visited  Washington  for  tlio  express 
Purpose  of  identifying  these  models  with  Cases  111  and 
112,  nnd  who,  under  the  authority  of  tlio  Commissioner' 
nnd  incompnny  with  Mr.  Wilbor,  visited  tho  machinist’s 
room  in  tho  basement  of  tho  Patent  Odico  and  picked 
out  tlio  models  mndo  by  him,  nnd  nftcrwnrds  made  an  • 
affidavit  in  which  ho  deposed  that  bo  identified  tlio 
models  accompanying  Cases  111  nnd  112  ns  boitig  two 
of  tho  models  mndo  under  his  supervision,  and  handed 
tho  affidavit  to  Mr.  Wilber. 


•  Caso  111  was  not  specified  iu  tho  application  of 
Edison  nnd  Harrington  ns  ono  of  the  cases  upou  which 
.they  requested  tho  Seerotary  to  withhold  his  signature, 
.but  tho  Into  Commissioner  of  Pntonls,  ns  I  am  informed 
by  him,  directed  Wilber  not  to  issuo  pntonts  upon  any 
of  tho  cases  which  had  boon  before  him,  111  being  onu 
of  them,  until  tho  determination  of  tlio  application 
mndo  to  tho  Seerotary  of  tho  Interior.  Yet  Caso  111 
,  was  patented  October  6,  1876,  and  the  loiters  patent 
therefor,  No.  108,886  were  issued  to  Thomas  A.  Edison, 
instead  of  to  Edison  nnd  myself,  ns  assignees,  ns  tho 
Commissioner  of  Patents  had  ordered.  Tlio  filo  of 
Cnso  111  shows  that  tho  application  wns  received  in  tlio 
Patent  Offico  on  January  20, 1875 ;  that  tlio  first  notion 
upon  it  wns  on  March  25,  1875  (fivo  days  nflor  tho  dnto 
j  of  tho  Commissioner’s  decision),  nnd  that  ou  tlio  27th  of 
..March  Wilbor  allowed  tbo  application. 

The  noxt  notion  in  the  case  wns  on  tho  80th  of  Sop 
lumber,  1876,  when  Wilber  again  oxaminod  nnd 
allowed  tho  application,  Bigncd  tho  filo,  and  sent  it  out 
for  issuo  through  tho  usual  channel.  Ou  tlio  day  tliut 
Wilber  did  this  tlio  Into  Commissioner's  torm  of  offioo 
expired. 

Wilber  not  only  did  not  inform  tho  Commissioner  of 
Patents  Hint  ho  bnd  allowed  Caso  111,  but  deliberately 
disoboyed  the  order  of  tbo  Into  Commissioner  in  sign¬ 
ing  tho  filo  nnd  Bonding  it  out  for  issue. 

I  thcroforo  charge  iu  this  connection  : 

First — That  Wilber,  well  knowing  that  Edison’s  ap¬ 
plication  for  a  pntont  dosignntcd  by  Edison  ns  cnso  111, 

*  covered  ono  of  tho  inventions  conveyed  by  Edison  to 
himself  and  Georgo  15.  Proscott,  assignees,  novortholoss, 
wilfully  and  improperly  nbstninod  from  notifying  tho 
Commissioner  of  Patents,  that  the  snid  application  lmd 
been  allowed  on  March  27th,  1875,  and  lmd  been  re¬ 
examined  nnd  again  nllowcd  by  him,  tho  said  Wilber, 
on  tho  80th  of  September,  1876. 

.  Secondly — That  Wilbor,  woll  knowing  that  Edison’s 
•Caso  111  was  ono  of  tho  applications  affected  by  tho 


Commissioner's  order  or  March  20, 1876,  niul  well  know- 
ing  that  the  patent  for'  the  invention  described  in  the 
said  ease,  when  issued,  was  by  the  order  of  the  Commis¬ 
sioner  to  bo  issued  to  Edison  and  Prescott,  ns  assignee^ 
nevertheless,  wilfully  abstained  from  informing  the 
dorks  and  other  officers  of  the  Patent  Office  having  in 
shargo  tho  issue  of  patents,  that  be  hnd  passed  the  said 
Case  111,  and  that  it  was  one  of  the  cases  governed  by 
die  Conmtisssioncr’s  decision. 

Thirdly — That  Wilber,  w'ell  knowing  that  by  tho 
routine  of  the  1’atont  Offico  tho  said  Caso  111,  when 
ligned  by  him,  would  go  to  patent  without  attracting 
.urtlier  notice,  in  utter  disregard  and  violation  of  tho 
>rdcr  of  the  Commissioner  of  Pntcnts,  did  sign  tho  filo 
>f  the  said  caso  and  transmit  it  for  issue  through  tho 
isual  chnnnol,  whoroby  tho  said  Caso  111  was  patented 
October  6, 1870,  the  letters  patent  therefor,  No.  108,383, 
icing  granted  to  Thomas  A.  Edison  instead  of  to 
L’liomns  A.  Edison  and  George  11.  Prescott,  assignees, 
s  tho  Commissioner  of  Pateuts  had  ordered. 

Fourthly — That  Wilber,  well  knowing  that  Edison’s 
ipplination,  designated  Case  111,  covered  one  of  tho  in- 
motions  assigned  to  Edison  nnd  Prescott,  nnd  having 
iropcrly  transmitted  or  delivered  the  filo  ami  contents 
if  Case  111  to  tho  Commissioner  in  person,  as  one  of 
he  eases  in  controversy,  in  responso  to  tho  order  of  tho 
Commissioner  to  transmit  to  him  all  the  cases  in  ques- 
ion  for  examination  of  tho  title;  nevertheless,  oh 
September  80,  1876,  tho  dny  that  Commissioner 
lhachcr’s  term  of  offico  expired,  passed  Case  111.  and 


fully  issued  to  Edison  alone. 

Fifthly — That  Wilber  wilfully  abstained  1 
information  to  tho  proper  nuthorities  of  i 
Offico  in  regard  to  Caso  111,  and  thereby 
Letters  Patent  188,886  to  bo  wrongfully 


Thomas  A..  Edison  when  ho  know  that  by  a  lottor  to 
tho  Commissioner  of  Pateuts,  dated  March  26,  1876, 
from  Georgo  B.  Prescott's  counsel,  Messrs.  Porter, 
Lowroy,  Sorcn  and  Stone,  tho  authorities  of  tho  Patent 
Office  had  boon  explicitly  informed  that  Caso  111  was 
one  of  the  oases  in  wliioh  Prescott  claimed  an  interest. 

Sixthly— That  Wilber  wilfully  permitted  Caso  111  to 
go  to  patent,  nnd  to  bo  wrongfully  issued  to  Tliomae 
A.  Edison,  well  knowing  that  tho  Commissioner  of 
Patents  hnd  boon  requested  to  permit  Mr.  Phelps  to  ex¬ 
amine  tho  models  of  Caso  111,  and  other  oases,  and  well 
knowing  that  after  such  examination  Mr.  Phelps  had 
made  affidavit  tlint  he,  Phelps,  recognized  tho  model  of 
Caso  til  as  a  model  made  by  him  for  Edison  nnd  Pres¬ 
cott,  and  well  knowing  that  tho  Commissioner’s  decision 
of  March  20th,  1875,  ordered  that  tho  patonts  in  tho 
cases  so  recognized  by  Phelps,  should  bo  .ssued  to 
Edison  and  Prescott. 

In  these  acts  of  Mr.  Wilbor  there  are,  I  respectfully 
submit,  grave  offences  against  tho  honor  nnd  dignity  of 
the  .Patent  Office,  and  gross  violation  of  my  rights  and 
or  the  rights  of  tho  public.  I  am  interested  in  n  largo 
number  of  applications  for  patonts  for  tho  same  class  of 
inventions  as  those  hero  referred  to,  which  are  now 
pending  in  the  Patent  Offico,  and  I  respectfully  sub¬ 
mit  that  my  interests  in  thoso  ensos  are  soriously  im¬ 
perilled  ir  the  power  to  dispose  of  them,  ns  has  boon 
done  in  the  cases  now  brought  to  your  attention,  is 
longer  confided  to  Mr.  Wilbor.  And  I  further  sug¬ 
gest  that  a  duo  regard  to  the  rights  of  tho  public,  and 
especially  of  thoso  having  business  with  that  branch  of 
the  Patent  Offico  now  under  tho  chnrgo  of  Mr.  Wilbor, 
demands  that  ho  bo  romoved  from  tho  place  wliioh  he 
now  holds. 

I  have  tho  honor  to  bo  your  obediont  sorvant, 

George  B.  Prescott. 


BEFORE  A  COMMISSION 


COMMISSIONER  OF  PATENTS, 

IN  THE  MATTER 


Charge .s  preferred  by  GEORGE  li.  PRESCOTT  against 
Z.  F,  WILBUR,  a  Principal  Examiner  in  the  United 
States  Patent  Office. 


BRIEF  OF  GEORGE  B.  PRESCOTT. 


BEFORE 


oo35vC3s<rissxojsr 


(Kjonnubsimm1  of  ptcufs. 


In  tlio  matter  of  tho  charges  or 
Grioifnu  B.  Prescott 
against 

Examiner  AVilrer. 


BRIEF  OF  GEORGE  B.  PRESCOTT. 


In  tlio  matter  or  tho  grant  of  Letters  Patent  or  tho  United 
States,  Ho.  IG2,G33,  or  case  It. 

1.  Inasmuch  ns  a  like  jintcntnblo  invention  was  shown 
or  described  in  each  of  the  two  applications  designated  as 
caso  H  and  easo  89,  which  were  both  ponding  in  tlio  Patent 
Ofllco  at  tlio  same  time,  which  invention  wns  claimed  in  tlio 
later  application  [caso  99],  though  not  specifically  claimed 
in  tho  earlier  ono  [caso  II],  a  ly/msi-intcrfercnce  existed 
•  between  tho  two  applications,  upon  which  tho  Examiner 

wns  bound  by  the  rules  and  practice  of  tho  Ofllco  to  take 
proper  action. 

2.  Tho  application  flrst  tiled  [caso  II],  having,  subse¬ 
quently  to  tho  tiling  of  tlio  second  application  [ease  99],  been 


amended  by  tho  insertion  in  tlie  specification  of  now  matter, 
and  of  a  now  claim,  synonymous  in  its  terms  with  omiot 
tho  existing  claims  of  tho  second  application,  so  tlmt  each 
11 1  t  emit  cli  like  claim  lor  tho  same  patentable 
subject  matter,  the  Examiner  was  bound  by  tho  rules  nail 
practice  of  the  Ofllco  to  notify  tho  applicants  in  both  eases, 
and  to  compel  tho  withdrawal  or  the  said  claim  from  the 
lator  application,  as  a  necessary  pre-requisite  to  its  insertion 
in  tho  earlier  one. 

3.  Tho  Commissioner  of  Patents  having  ofllcially  decided 
that  tho  invention  shown,  described,  and  claimed  in  appli¬ 
cation  No.  80  belonged  to  Edison  and  Prescott,  and  having 
afterwards  made  special  inquiry  of  tho  Examiner  whether 
enso  II  was  or  was  not  embraced  within  that  decision,  the 

Examiner  was  in  duty  bound  to  inform  the  Co . . 

that  tho  snme  subject  matter  was  cluimcd  in  case  II  that 
was  claimed  in  case  00.  ; .  F 

1.— In  the  case  under  consideration  two  sepamtu  applica¬ 
tions  for  letters  patent  for  duplex  tolcgmplis  wero  tiled  by 
tho  same  inventor,  Edison.  The  ilrst  application  [caso^j 
was  tiled  by  Jliiun  &  Co.,  nttornoys  of  record,  on  the  20th 
of  April,  1873,  and  the  second  application  [case  00]  by 


soon,  in  application  No.  Oft.  But  case  II  lmcl  already  boon 
on  (lie  in  tlie  olllco  sixteen  months,  and  consequently  had  a 
prima  facie  right  to  tlio  broad  claim  ns  expressed  in  claim 


The  first  ol'  theso  claims,  although  objectionable  in  form, 
is  clearly  intended  to  cover  the  combination  of  apparatus 
described,  whereby  two  distinut  messages  may  bo  trans¬ 
mitted  over  ono  wire,  in  the  mine  direction  and  at  the  sanio 
time ;  in  other  words,  it  is  a  claim  limited  to  certain  devices 
arranged  to'produco  a  specific  result,  via:  duplex  trans¬ 
mission  in  the  sumo  dircctftm.  Tlio  second  claim,  on  the 
contrary,  is  a  brand  claim,  iii  terms  expressly  covering  tbo 
combinatioii  specified  whoa  applied  ton  duplex  telegraph, 
that  is,  when  employed  to  produce,  in  any  form,  tlio  result 
technically  termed  duplex  telegraphy,  i.  c.,  tlio  siimiltniicons 
transmission  of  two  independent  sets  of  signals  upon  ono 
lire.  ' 

There  can  bo  no  doubt  ns  to  wlint  this  claim  was  in- 
ended  to  cover.  But  Mr.  Wilber  goes  into  a  lengthy 
irgumont,  apparently  for  tlio  purpose  of  proving  that  the 
-wo  inventions  uro  entirely  distinct,  and  that  no  claim, 
lowovcr  brand,  in  ono  case,  could  interfore  in  the  slightest 
logreo  with  a  claim  for  exactly  the  sanio  tiling  in  tlio  other 
msc,  becauso  the  effect  produced  is  ono  species  of  duplex 
elcgraphy  in  ono  case,  and  another  species  of  duplex  tele- 
pnpliy  in  the  other  ease.  If  tlio  combination  by  which 
hose  olfccts  are  produced  in  each  case  possessed  no  novelty 
n  itself,  then  his  reasoning  would  have  some  force.  But 
t  scarcely  requires  moro  than  an  elementary  knowledge  oi 
ho  principles  of  pntont  law,  in  order  to  understand  that  if 
luplox  telegraphy  in  either  of  its  two  forms  is  tmpnble  oi 
icing  effected  by  tlio  uso  of  tlio  sumo  combination  of  doviccs 
ir  elements,  a  combination  in  itself  novel,  then  tlio  applies- 
ion  in  which  priority  is  proven  is  most  unquestionably  on- 
itled  to  a  claim  for  tlmt  combination  brand  enough  in  its 
copo  to  cover  its  application  to  duplex  tclogiiiphy  in  any 
brm;  aswollas  to  additional  claims  i  if  nuioro  restricted 
hnmetor,  covering  tlio  particular  nrrnngomonls  which  are 
mployed  in  that  particular  branch  of  duplox  tologrhphy. 
low  this  is  precisely  wlint  actually  was  claimed,  as  wo  have 


>licntions  Y  Tlio  now  specification  in  ease  11  stales  that 
invention  1ms  for  its  object  “  the  simultaneous  transmit ■ 
i  of  two  different  despatches  or  signals  over  the  Mine  tine 
■efrom  opposito  directions,  or  ill  the  name  direction;”  mid 
t  “  tlio  invention  consists  in  the  transmission  of  posihte 
l  negative  currents  over  the  tine  to  effect  the  reception  of  one 
mage,  and  tlio  incrcane  and  dccreana  of  the  strength  of  that 
rents ,  either  positive  or  negative,  to  effect  the.  reception  oj 
other  message 

laving  thus  distinctly  stated  Unit  tlio  invention  in  easo 
consists  in  tlio  nso  of  tlio  very  coinliinalioii  described 
1  claimed  in  case  9!),  Edison  then  proceeds  to  claim  it  in 
blondest  possible  manner  in  easo  IT,  ns  follows: 
f ’ho  combination,  with  the  main  line  circuit,  of  a  rmicinj 
'ruincnt  operated  by  changes  in  the  polarity  of  the  current 
cpendcntly  of  tension,  with  another  receiving  instrument 
rated  by  changes  of  tension  independent  of  polarity,  incam 
changing  the  polarity  of  the  current,  and  means  of  changing 
tension  of  the  current,  substantially  as  and  for  the  purpoa 
cijied. 

Tow,  when  wo  coniparo  this  claim  with  tlio  second  chuni 
:nso  99,  wo  iiiul  that  tlio  language  of  the  two  claims  is  it 
ict  synonymous. 

\.  receiving  instrument  operated  by  “changes  in  the  polar 
of  the  current,”  in  tlio  words  of  tlio  third  claim  of  till 
ended  ease  U,  is  a  description  of  the  same  thing  as  i 
olari/.ed  magnet”  which  “  responds  to  change  of  polarity,' 
tlio  words  of  tlio  second  claim  of  case  99.  So,  also,  “i 
civing  instrument  operated  by  changes  of  tension,”  in  tin 
rds  of  tlio  third  olnim  of  case  11,  is  a  description  of  I  In 
no  thing  as  an  “  ordinary  magnet”  which  “  responds  lo  ai 
reuse  and  decrease  of  the  current.1’  in  tho  words  of  tin 
:ond  claim  of  easo  99.  .  . 

L'hus,  alter  tlio  filing  of  tho  amendment  of  March  20th 
iro  were  two  sopnmto  applications  in  tho  hands  of  tin 
nminer.  Tho  title  of  tho  invention  is  tlio  same  in  eacl 
io;  tho  object  of  tlio  invention  in  each,  ns  sot  forth  in  tin 
laniblo  of  thu  respective  specifications,  is  tho  same;  tin 
•entiou  itself  is  stated  to  consist  in  tho  same  combination 
[l  employed  in  cncli  easo  for  tho  same  purpose,  lly  lh 
ug  of  this  unloaded  specification,  therefore,  tho  two  nppll 


“instructions,  would  lmvo  to  bo ,  modi  fled,  tlmt  J  would 
“  hold,  only  tlioso  referral  to  in  his  decision,  or  identiOed 
“  ns  being  embrnced  within  it  I  told  him  that  I  hail  never 
“  eonsideral  this  am  an  being  for  any  invention  claimed  in 
“  the  Edinon-Prcncott  canen,  nml  tlmt  it  lmd  been  (lied  a  year 

and  a  lialf  beforo  the  Prescott  assignment.  Ho  then  nil* 

“  vised  mo  to  send  it  forward  immediately,  and  avoid  fur- 
“  thcr  coiinilamt.  I  hereupon  I  returned  to  my'  room,  went 
“  over  tlio  enso  (somowlmt  imrricdly),  and  sent  it  forward 
“  that  same  afternoon.” 

Now,  it  will  bo  observed,  in  the  first  place,  tlmt  the  pre¬ 
tence  of  Sorrell’s  telegram  containing  a  complaint  is  with-.;: 
out  any  foundation  in  fact.  Tho  telegram  speaks  for  itself) 
and  in  his  account  of  tlio  interview  in  his  letter  to  Wilber, 
Commissioner  Timelier  says  not  a  word  about  a  “  conn 
plaint.”  Tlio  excuse  of  a  “complaint”  is  purely  an  inven¬ 
tion  of  Mr.  Wilber’s.  Ho  well  know  Unit  Sorrell  was  not 
the  attorney  in  the  enso ;  tlmt  ho  had  no  sort  of  connection 
with  it ;  and  tlio  fact  of  his  asking  to  huvb  it  issual,  under 
existing  circumstances,  was  in  itself  a  suspicious  occur¬ 
rence.  But  Mr.  Wilber  carefully  conceals  this  fact  from 
tlio  Commissioner,  if  ho  did  not  actually  mislead  him  in  the 
mnttor;  and  then,  as  tlio  Commissioner  himself  says,  “Ill 
“  reply,  you  (Wilber)  stated  that  tho  application  amid 
“  not  imnniblg  bo  brought  under  tlio  operation  of  that  tie- 
“  cision,  an  it  lean  for  different  nnbjcet  mattern,”  etc.  Now,  is 
it  to  bo  supposed  for  one  moment,  that  tlio  Commissioner, 
in  tho  face  of  his  recent  decision,  would  have  advised  the . 
issue  of  tlmt  patent  without  farther  cxiimiimtion,  if  ho  hail 
known  that  tho  nubjeet  matter  was  tlio  same,  and  not 
different,  both  being  for  duplex  telcgrapliB,  and  that  in  each 
of  tho  two  applications  tlio  invention  purported  to  be  ccr- : 
tain  means  for  duplex  transmission  in  tho  sumo  direction, 
these  means  being  tho  sanio  combination  in  each,  and  con¬ 
taining  claims  precisely  synonymous,  unless  ho  lmd  been 
deliberately  ami  intentionally  deceived  by  Mr.  Wilbert.: 
Tho  Commissioner  must  depend  upon  tho  good  faith  of  his 
subordinates  in  such  matters.  It  is  a  physical  impossi¬ 
bility  for  him  to  personally  investigate  every  enso  of  this 
kind.  Ho  appears  to  lmvo  tnkon  every  reasonable  precau¬ 
tion  to  guard  against  orror,  by  questioning  tho  Examiner 


that  ofllcc,  tho  course  was  loft  clour  for  issuing  a  patent  for 
tlio  iurention  embodied  ill  it  to  Edison  nml  Harrington,  by. 
menus  of  the  recently  amended  application  in  case  U,  pro." 
vided  Wilber  could  deceive  the  Commissioner  into  tbs'* 
belief  tlmt  case  H  was  not  one  of  the  cases  affected  in  any 
way  by  Ids  recent  deuisiou. 

A  day  or  two  before  Harrington's  appeal  to  the  Secretary 
of  the  Interior,  Wilber  suys  the  Commissioner  “asked  mo 
“  what  course  I  was  taking  in  tho  Edison  eases  boforemo.  I 
“  told  him  I  had  cleaned  up  those  which  hud  been  awaiting 
“action,  rejected  some  and  passed  some.  Jle  said  I  had 
“belter  not  tet  any  go  out  until  Mr.  Prescott  hail  hail  an  oppor- 
“  t unity  to  identify  such  an  he  claimed,  anil  which  were  not 
“  identified  in  the  assignment.  I  asked  him  if  tho  automntio 
“cases,  about  which  there  could  bo  no  possible  dispute; 

“  should  bo  held  up  too.  lie  said  no,  that  they  could  go 
“  right  ahead,  but  to  kohl  others." 

Alluding  to  case  II  subsequently,  Wilber  says  ho  “'looked 
“over  tho  case  in  turn,  thought  it  was  probably  all  right, 

“  and  then,  in  pursuance  of  the  wishes  expressed  by  tho: 
“Commissioner,  lot  it  lay.” 

As  case  H  was  not  an  antomntic  case,  how  could  Wilber, 
issuo  it  in  tho  face  of  tho  above  order  1  It  will  bo  seen  that; 
bo  was  equal  to  tho  emergency.  After  tho  Secretary  had 
tied  up  00,  everything  remnins  quiet  foru  few  weeks,  whenn 
favorable  opportunity  occurs,  and  the  whole  plot  being  cun¬ 
ningly  arranged,  the  scheme  is  successfully  exploited. 

Edison  goes  to  Mr.  Sorrell’s  ofllco  in  Now  York,  in  his 
absence,  and  gots  Mr.  Sorrell’s  oillco  manager  to  telegraph 
to  tho  Commissioner  about  case  II— over  tlio  signature  of 
Mr.  Sorroll,  who  had  nothing  to  do  with  the  case.  (Why  not 
tclcgruidi  over  his  own  name,  or  of  his  authorized  attorneys; 
Munn  &  Co.  t)  Tho  telegram  is  referred  to  Wilber,  and  lie 
tells  tho  Commissioner  that  tho  application  roferred  to  by 
Mr.  Sorroll  could  not  possibly  be  brought  under  tho  opera¬ 
tion  of  that  decision,  us  it  was  for  different  subject  matters; 
thut  ho  lmd  never  considered  this  case  ns  being  for  any 
invention  claimed  in  tho  Edison-Prcscott  cases,  and  that  it 
had  been  filed'  nearly  a  year  and  a  half,  before  tho  l’rcscolt  ■ 
assignment;  and  in  tho  belief  that  Wilber’s '  statement  was  V 
trao,  tho  Commissioner  advised  him  to  issuo  it.  Wilber  is 
in  such  haste  to  issuo  it,  although  it  hns  been  lying  quiotly 


in  his  (llos  for  two  years,  that  ho  cannot  stop  to  read  it 
through,  but  sends  it  forward  that  samo  afternoon.  Ono 
of  Harrington’s  attorneys,  not  of  record  in  tho  case  (Chan, 
dlor),  is  ready  with  tho  final  fee;  it  is  promptly  paid,  and 
tho  whole  nffiiir  is  finished  up  during  a  single  day. 

Mr.  Wilber’s  defence  of  his  action  in  regard  to  cases  H 
and  119,  consists  in  attempting  to  show— first,  that  tho  two 
inventions  are  not.  tho  samo,  and,  second,  that  if  they  aro 
tlio  same,  ho  did  not  know  or  bolievo  that  such  was  tho 

As  beforo  stated,  tho  real  question  is  not  whether  tlio 
two  inventions  aro  tho  same,  but  whether  tlio  samo  patent- 
able  combination  is  shown,  described,  and  claimed  in  each 
of  tho  two  applications,  it  is  scarcely  necessary  after  all 
that  hns  boon  said  to  dwell  at  length  on  this  point.  . 

Moth  tho  applications  in  question  describe  substantially 
tlio  same  elements  combined  together  to  produce  tho  samo 
result,  this  result  being  tho  simultaneous  nud  independent 
transmission  of  two  despatches  upon  ono  wire.  No  attempt 
has  been  made  to  show  that  thin  result,  when  produced  by 
means  of  this  combination,  is  not  now,  nor  can  it  bo  domed 
that  the  result  is  described  as  being  produced  bj  substan¬ 
tially  the  samo  combination  in  both  cases.  Simultaneous 
double  transmission,  technically  termed  duplex  telegraphy, 
is  of  two  kinds,  namely,  transmission  in  opposite  direc¬ 
tions  and  transmission  in  tho  same  direction,  i  hose  aro 
two  forms  of  one  thing,  ono  form  being  just  as  much  a 
duple  v  telegraph  as  the  other,  no  more,  no  less.  Numerous 
examples  of  each  of  these  forms  ol  duplex  telegraphs  wue 
already  known  at  tho  date  or  Edison  s  first  application. 
Some  of  these  combinations  (for  example,  Bossohn .  s)  mo  so 
organized  as  to  be  capable  of  simultaneous  double  trans- 
mission  either  in  opposite  directions  or  in  tho 
lion,  by  simply  changing  tho  order  ol  succession  of  the 
diilJreut  parts  of  the  apparatus,  viz.,  tlio  two  transmitting 
kevs  and  the  two  receiving  instruments  upon  the  lino,  a 
change  requiring  the  exercise  of  nothing  beyond  ordinary 
skill  and  judgment,  us  distinguished  tom ^  intcn  on. 
Others  are  organized  for  tho  special  purpose  ot  In plox 
transmission  in  opposite  directions,  .making  use  of  amigos 
which  aro  not  available  for  ti  i  si  i  sio  i  tho_8a  no  nroc. 
tion,  and  others  again  aro  exactly  tho  reverse  of  this,  being 


organized  for  the  special  purpose  of  duplox  transmission  in 
tho  sumo  direction,  making  use  of  devices  which  are  not 
nvailnhlo  for  transmission  in  opposite  ilircctions. 

It  is  clear,  therefore,  that  tit  is  combination  is  patentable 
ns  n  combination  by  menus  of  which  duplex  transmis¬ 
sion  in  nny  form  may  be  eil’ectcd,  and  tills  without,  refer¬ 
ence  to  the  mere  geographical  distribution  of  thu  different 
part  of  tho  apparatus  upon  the  line.  On  tho  contrary,  tho 
great  vnluo  of  tho  combination,  which  forms  the  gistof  tlio 
invention  both  in  case  II  and  case  Off,  consists  in  the  very 
fact  that  it  is  callable  of  being  employed  for  duplex  tele-:, 
grapliy  under  so  many  different  conditions,  whereas  nearly 
every  ono  of  the  previously  invented  combinations  were  of 
limited  application,  and  therefore  of  far  less  practical  value 
than  this. 

The  fact  that  tho  same  patcntablo  invention  is  shown, 
described  and  claimed  in  both  these  eases,  has  been  shown  ' 
boyoml  question  by  tho  testimony  of  Mr.  Prescott  and  Mr,- 
Pope.  In  addition  to  this,  the  attention  or  the  committee: 
is  invited  to  tho  opinion  of  Mr.  Moses  G.  Farmer,  a  gen-p 
tlomnn  who  bears  a  deservedly  high  reputation  as  an 
export  in  cases  of  this  kind. 

Mr.  Farmer’s  opinion  was  forwnrdcd  in  answer  to  a  tele-: 
graphic  despatch  ;  lie  had  no  opportunity  to  consult  with 
others,  and  no  information  us  to  what  tho  opinion  of  others 
upon  tho  subject  might  be.  The  opinion  is  ns  follows : 
Geo.  B.  Prescott,  Esq. 

Sir — In  your  telegram  of  Feb.  10th,  you  say: 

“  Please  give  mo  your  opinion  ns  to  whether  the  inven¬ 
tion  shown,  described,  or  clnimcd  in  Edison’s  case  !I9,  em¬ 
braces  the  invention  shown,  described  or  elnimcd  in  uny: 
of  Edison’s  applications  in  caso  II;  nnd  whether  the  com-: 
bination  described  in  tho  third  claim  in  ease  II,  does,  or 
docs  not,  cover  an  essential  elumcnt  or  feature  of  the 
invention  shown  in  case  !)!>t” 

In  reply,  I  bog  to  submit  tho  following  statement  as  pre¬ 
senting  my  views  of  tho  matters  above  referred  to : 

In  the  first  plneo,  tlicso  two  inventions,  viz.,  ense  H  and 
caso  09,  have  a  common  object;  it  is  this:  to  puss  simul¬ 
taneously  two  signals  instead  of  one,  over  a  singlo  wire 
which  connects  two  distant  stntions. 


Tills  otid  1ms  often  boon  attained  boforo  in  various  ways 
and  by  the  use  of  different  means:  in  some  cases  by  tho 
use  of  currents  varying  only  in  strength  but  not  in  direc¬ 
tion  ;  in  other  eases,  by  tho  use  of  currents  varying  simul¬ 
taneously  both  in  strength  and  direction. 

In  these  two  inventions,  however,  means  aro  so  em¬ 
ployed  that  ono  opomtor  makes  use  of  currents  varying  in. 
strength  only ;  wliilo  tho  other  operator  mnkos  use  of  cur¬ 
rents  varying  solely  in  direction. 

Tho  means  employed  to  produce  these  changes  in  current 
strength  and  currant  direction,  so  far  ns  these  functions  are 
concerned,  are  well  known  electrical  equivalents,  although 
tho  derails  of  tho  apparatus  employed  to  accomplish  tho  . 
desired  ends  differ  in  the  two  eases,  and  for  this  reason  : 

In  case  II,  the  object  is  to  pass  tho  two  simultaneous  sig¬ 
nals  in  opposite  directions  over  tho  wire ;  wliilo  in  caso  00 
tho  desired  object  is  to  .pass  tho  two  simultaneous  signals 
over  tho  wire  in  the  snmo  direction. 

This  fact  necessitates  a  modilicatiou  of  thu  devices  em¬ 
ployed.  In  case  09  the  apparatus  used  for  reversing  tho 
direction  of  tho  current  simply  interchanges  tho  connec¬ 
tions  of  the  battery  poles  between  tho  line  and  earth  wires, 
using  only  ono  battery  for  this  purpose. 

lii  case  H  it  is  necessary  to  provide  twice  ns  much  bat¬ 
tery  ns  in  caso  although  only  ono  half  of  it  is  used  at 
any  ono  time,  so  that  tho  virtual  strength  of  cun-put  on 
tho  lino  is,  at  any  time,  equal  in  case  II  to  what  it  is  m  caso 
99,  so  fur  as  tho  action  of  tho  reversing  key  nflccts  it. 

In  caso  If  tho  middlo  of  tho  main  battery  is  in  permanent 
connection  with  tho  main  line,  wliilo  its  two  extreme  poles 
are  put  into  nltomnto  connection  with  the  earth  pinto  by 
the  notion  of  the  reversing  key ;  and  it  so  happens  that,  by 
•the  action  of  this  key,  alternate  positive  and  negative  cur¬ 
rents  are  sent  into  tho  line,  and  that,  too,  equally  ns  well  ns 
i„  case  99,  where  the  two  end  connections  of  the  main  bat¬ 
tery  with  tho  earth  and  lino  aro  nltcrmitoly  interchanged 
by  the  action  of  tho  reversing  koy.  , 

Next,  with  reference  to  the  action  ot  the  koy  which 
changes  tho  strength  of  the  current. 

in  case  H  this  key  K'  by  its  action  simply  introduces 
more  or  less  resistance  into  tl  e  i  c  c  it  tl  o  it  ite 
rially  affecting  tho  olectromotivo  force,  anil  so  it  ollccts, 


just  iis  truly,  tv  clmngo  in  tito  strength  or  tlio  current  tu 
does  the  koy.oin  case  91),  which  key  o simply  introduces 
into  the  main  circuit  more  or  loss  electromotive  force  with, 
out  necessarily  greatly  or  appreciably  altering  the  resistance 
of  such  main  circuit;  ami  since  strength  of  current  is  sim¬ 
ply  tlio  relation  of  electromotive  force  to  resistance,  in  any 
circuit,  it  matters  not  whether  we  clmngo  the  electrmnntive 
.force  or  vary  tlio  resistance  in  such  circuit,  siuco  in  either 
enso  wo  alter  its  strength  of  current. 

I  am  therefore  led  to  give  it  as  my  opinion:  1st,  that  U19 
invention  shown  and  described  in  Edison's  ease  99  em¬ 
braces  essentially  an  elomont  of  grcnt  iinportanco  in  case 
JI ;  and  2d,  that  tlio  third  claim  of  enso  II  does  really 
cover  that  peculiar  feature  of  case  99  which  refers,  us  above 
explained,  to  tlio  entire  iudcpcmlcnco  of  tlio  two  suts  of 
simultaneous  signals. 

MOSItH  tl.  FAKMBIt... 

U.  S.  Naval  Ihrjmlo  Station,  Newport,  It.  L 


It  will  bo  observed  tlintMr.  Farmer  begins  by  saying  that 
tlio  two  inventions  ••  have  a  common  object;”  anil  this  object 
ho  says  is  “  to  pass  simultaneously  two  signals  instead  of 
“  otic,  over  a  singio  wire  which  connects  two  different  sta- 
“tions.”  Then  he  goes  on  anil  explains  the  peculiarities  of 
detail  in  tlio  two  cases,  showing  that  ci|uivalcut  elements 
are  used  in  each,  and  dually  sums  up  by  saying  that,  in  his 
opinion,  “  the  invention  shown  and  described  in  Edison's 
“enso  99  embraces  essentially  an  element  of  great,  import- 
“  mice  in  caso  II,”  and  “  that  tlio  third  elnim  of  ease  II 
“  docs  really  cover  that  peculiar  featuro  of  enso  99  which 
“refers,  ns  above  explained,  to  the  entire  independence  of 
“  tho  two  sets  of  simultaneous  signals.’' 

It  is  argued  by  tho  Examiner,  that  although  each  appli¬ 
cation  does  contain  a  description  of  tho  same  combination, 
and  although  this  combination  is  employed  in  each  enso 
to  accomplish  tho  sumo  oml,  viz.,  duplex  telegraphy,, yet- 
as  in  ono  caso  tho  duplux  transmission  is  in  the.  samp 
direction  and  in  tho  other  it  is  in  opposite  directions,  thiit 
the  results  are  ditl'crcnt, and  oonscigiciitly  the  inventions, 
must  bo  different  In  reply  to  this  wo  say  that  tlio  results  ' 
are  not  different.:  Each  Invention  purports  to  bo  an  improve- 
uient  in  duplex  telegraphs,  anil  describes  and  claims  a  pur?  - 


combination  applicable  to  duplex  telegraphy.  Iho 
ition  is  now,  it  is  the  same  in  each  case,  tho  only 
tl  difference  being  tho  particular  subdivision  or  spo- 
duplex  telegraphy  to  which  it  is  applied.  Now  this 
•luiin  lor  this  now  combination  belongs  to  one  of 
uses  or  tho  other;  it  cannot  belong  to  both,  for  tho 
1  not  grant  two  patents  for  the  same  invention.  Tho 
icr  maintains  that  it  belongs  to  neither,  but  must  bo 
ted  as  referring  to  the  particular  arrangement  ot 
,vhich  are  made  usu  of  to  produce  tho  particular 
•  the  result  in  each  case.  If  tho  combination  claimed 
ot  a  now  ono,  this  reasoning  would  have  some  forco; 
attempt  is  made  to  disprove  its  novelty,  and  wo  may 
ire  assume  Hint  this  much  is  granted.  If  it  is  granted, 
pillion t  fulls  to  tlio  ground,  for  tho  principle  is  well 
’that  tho  inventor  of  a  new  combination  is  entitled 
cut;  its  exclusive  uso  for  any  purpose  to  which  it  is 
iblo.  The  language  of  tho  courts  on  this  point  is 
ml;  emphatic. 

10  plaintiffs  patent  covers  all  tho  modes  and  pro- 
is  by  which  the  principle  of  his  invention  is  made 
stive  in  practice.”  ( Tilghmun  v.  ll'crtr,  2  Fisher,  220.) 
m  patentee  is  not  obliged  to  state  everything  to  which 
nvciition  is  applicable  in  order  to  bo  protected  in  tho 
y  meat  of  tlio  exclusive  right  to  such  things.”  (Fib  v. 

,  3  Fisher,  flii.) 

'lien  the  menus,  devices,  and  organization  are  pat- 
d,  the  patentee  is  entitled  to  tho  exclusive  uso  of  this 
Imnicnl  organization,  device,  or  means,  for  all  tho 
1  and  purposes  to  which  they  can  bo  applied,  to  overy 
Btion,  powor,  and  capacity  of  his  patented  machine, 
lout  regard  to  tlio  purposes  to  which  ho  supposed 
innlly  it  was  most  applicable,  or  to  which  ho  supposed 
rim  solely  applicable,  if  such  wero  liis  original  viow.” 
ccr  v.  lloach,  4  Fisher,  12.)  This  was  reaffirmed  hi 
isc  of  McComb  v.  JirutUe,  5  Fisher,  381. 
teems  to  us  that  it  needs  no  further  argument  to  show 
Mr.  Wilbor’s  admitted  incapacity  under  tho  circuin 
cs  to  discover  anything  in  the  claims  of  caso  XI  which 
cts  with  those,  of  caso  99,  is  of  such  a  nature  as  to 
nsly  imperil  tho  important  interests  which  arc  confided 
in  nn  n  Prmciiml  Examiner  in  tho  Patout  Ofllco. 


Dine  ol  value!  ”  in  qtmdruplex  telegrai 
iof  all  tills,  when  the  Commissioner, 
ily  wholly  depcmlent  oil  tho  Examine 
o  tho  uliaractur  and  scope  of  ease  If, 
nine  about  it,  lie  informs  the  Commissii 
:cs,  that  ease  II  “coulit  not  inmibly  b 
opciutioii  ol  his  decision,  us  it  was  Ih 
ten  !” 

emnil—  Observe  tho  extreme  euro  wl 
Wilber  from  lirst  to  last,  to  prevent  tlii 
o  oven  of  the  '  existence' of  case  II  fi 
irney  or  other  parties  interested  in  ci 


ison  conveyed  his  interest  m  enso  1)9,  among  others,  tc 
.  Jay  Gould,  with  the  evident  intention,  ns  subsequent!} 
flier  rovonlcd  by  his  letter  to  tho  Commissioner  of  Patents 
January  23,  18715,  of  defrauding  Mr.  Prescott  of  ldi 
lits.  This  sale  to  Gould  is  evidence  tl  I 
lint  Prescott  commenced  at  least  as  early  as  January  4 
15,  mid  ns  an  arrangement  involving  interests  of  sael 
[gnitndo  is  not  usually  mado  in  a  moment,  it  probabl; 
nmeucvd  some  days  earlier.  If  all  the  subsequent  ex 
ordinary  acts  on  the  part  of  Mr.  Wilber,  in  relation  ti 
iso  two  cases,  were  in  furtherance  of  a  pre-arranged  plan 
is  quite  possiblo  Unit  oven  this  lirst  act  may  also  havehai 
nothing  to  do  with  it. 

On  Snturday,  tho  23d  of  January,  Edison  writes  a  lette 
the  Commissioner  of  Patents  from  Newark,  N.  J.,  in  wliio 
i  says : . 

“  I  therefore  withdraw  my  request  for  tho  issuoof  patent 
tor  Duplex  and  Quadruplox  transmission  to  Edison  an 
Prescott,  and  unite  with  Gcorgo  Harrington  in  his  pet 
tion,  this  day  tiled  in  your  ollice,  requesting  the  issue  < 
tho  letters  patent  to  Gcorgo  Harrington  and  myself,  i 
tho  proportions  set  forth  in  tho  power  of  attornoy  an 
assignment  of  April  4th,  1871.  and  tho  contract  tlierei 
recited.” 

This  letter,  which  couhl  not  have  reached  the  Comini 
suer  before  Monday,  January  25th,  1875,  formed  the  has 
r  the  action  of  tho  Commissioner,  which  is  thus  alluded  I 
Y  Wilber  on  page  2  of  his  statement : 

«  Some  time  in  January,  1875,  an  order  came  to  mo 
solid  to  tho  Commissioner  cases  94  to  100.  I  was  altc 
wards  sent  for  .'by  him,  mill  instructed  to  read  the  Hu 
rington  and  Edison  assignment  or  agreement,  and  repo 
in  writing  tho  meaning  or  scope  of  the  term  <  fast  sy  tom 
or  ‘fast  telegraphy,’  and  whether  inventions  of  this  cla 
were  included  thereunder.” 

Wilber  docs  not  state  how  long  afterwards  it  was  heft 
io  Commissioner  asked  him  to  report  in  writing  upon  t 
hove  mutter,  but  it  is  significant  that  his  report— a  .mot 
f  ingenious  sophistry— was  delivered  to  tho  Commission 


equally  sophistical  argument  in  opposition  to  Mr.  Prescott's 
charges  of  improper  action  in  this  oaso. 

Mr.  Wilber  makes  tlio  assertion  botli  in  his  statement 
page  -1,  and  again  in  his  argument,  page  45,  “  that  all  partici 
had  oilieiai  notice  of  the  existence  of  cnscs  A  to  XI  nearly 
three  months  beforo  the  issuance  of  II.”  Ho  oilers  m 
proof  of  the  truth  of  this,  ami  it  is  not  capable  of  prool 
In  his  report  to  tlio  Commissioner,  of  January  29th,  187C 
it  is  truo  Mr.  Wilber  incidentally  refers  to  “certain  othe 
cases,  numbered  by  letters  A  to  H  inclusive  (duplex  cases) 
ns  coming  within  tlio  seopo  of  tlio  Harrington  assigi 
meat;  but  this  is  in  no  sense  a  notice,  ollicial  or  otherwise 
to  “  all  parties  concerned.”  It  is  simply  a  private  con 
munication  to  tlio  Commissioner,  ami  contains  nothing  t 
indicate,  oven  to  him,  that  these  applications  were  mainly 
duplicates  of  tlio  later  scries.  Mr.  Prescott  knew  nothin 
of  tlio  contents  of  this  report,  nor  was  it  intended  tlint  li 
should  until  after  ease  II  was  allowed  to  go  to  patent  and 
pnss  into  tlio  hands  of  tlio  adverse  party.  There  is  not  on 
word  of  truth  in  tlio  statement  that  Mr.  Prescott  was  not 
lied  of  the  existence  of  case  IX  beforo  its  issuo  to  Ediso 
and  Harrington,  nor  was  any  notice  ever  given  him  tlinta 
Edison’s  cases  on  illo  in  tlio  .office  were  .open  to  tlio  inspe 
tion  of  all  parties  interested.  If  any  such  notice  was  givoi 
why  has  Mr.  Wilber  not  given  some  detailed  information  i 
regard  to  it t  ^ 

In  tlio  matter  of  tlio  grant  of  Lottors  Patent  of  tlio 
United  States,  No.  108,385,  (case  111). 

1.  Tlio  invention  described  in  application  Ho.  Ill,  of 
Tliomns  A.  Edison,  (lied  January  20,  1875,  was  included 
within  tlio  seopo  of  tlio  Commissioner’s  decision  of  March 
20,  1875,  and  tlio  Commissioner  was  duly  notified  by  Mr. 
Prescott’s  counsel  that  such  wus  the  case. 

2.  Tim  Commissioner,  in  piirsimnco  of  such  notification, 
ordered  Mr.  Wilber  not  to  issuo  any  of  Edison’s  applica¬ 
tions  (other  than  automatic)  until  Mr.  Prescott  hail  had 
an  opportunity  to  identify  such  of  them  ns  lie  claimed  were 
embraced  witbiu  the  seopo  of  tho  decision. 


3  Oaso  111  was  duly  idontilied  ns  ono  of  tlio  cases  com¬ 
ing  within  tlio  provisions  or  tho  Edison-Prescott  assign¬ 
ment.  As  a  necessary  consequence,  it  was  subject  to  tlio 
Commissioner's  decision  of  March  20th,  and  in  accordance 
therewith,  should  have  been  issued  to  Edison  and  Prescott. 
Mr.  Wilber  directly  violated  tlm  order  of  the  Commissioner 
by  issuing  enso  111  to  Edison,  in  any  case;  If,  ns  lio  assorts, 
ease  111  had  not  to  his  knowledge  been  identified,  then  bo 
could  not  possibly  lmvoknown  which  particular  applications 
had  been  idontilied  and  which  had  not,  anil  lie.  had  no 
right  to  issuo  any  of  tho  cases  without  this  knowledge.  If, 
as  wo  assert,  tho  enso  hail  been  identified  as  being  ono  ot  tho 
Prcscott-Edison  cases,  anil  the  'evidence  thereof  placed  in 
Mr.  Wilber’s  hands,  then  bis  violation  ortho  onlorwns 
clearly  an  act  of  wilful  disobedience. 

|.  Tho  assignment  of Edison  to  Prescott,  of  August  19  th, 
1874,  and  printed  in  full  on  page  35  of  tho  accompanying 
pamphlet,  marked  A,  convoys  to  tlm  latter,  by  an  instru¬ 
ment  under  seal,  certain  improvements  in  duplex  tele¬ 
graphs,  described  in  applications  numbered  94,  9u,  90,  97, 
98,  99,  and  100,  dated  August  19,  1874,  and  contains  in  ad¬ 
dition  thereto  tho  following  clause :  . 

“And  whereas,  said  Edison  has  also  invented  other  im- 
“provomonts  in  duplex  telegraphs,  the  descriptions  of 
“  which  have  been  lodged  with  Georgo  M.  I  helps,  for  tlm 

“purpose  of  models  being  constructed,  it  is  hereby  agreed 

“that  each  inventions  areinelndcd  in  this  press  t  gee  et 
“and  that  when  the  applications  for  patents  are  made,  tho  pat- 
“cuts  to  he  granted  in  accordance  herewith,  anil  that  tho  said. 

assanS-s 

109,'  hutosfve)  referred  to  therein,  wore  filed  °»  Soi’tomber 
2d,  1874.  No.  112  was  filed  on  December  28th,  18.4.  On  tlio 
23d  of  January,  Georgo  Harrington  made  application  to 
tho  Commissioner  of  Patents  to  have  tlm  above  mentioned 
applications,  including  No.  112,  issued  to  Edison  and  him¬ 
self,  instead  of  Edison  and  Prescott.  .  .  . 

In  a  letter  of  tlm  same  ilat  1  loit.„t  1  rtto 

from  Newark,  N.  J.,  Edison  withdrew  Ins  request  for  the 
issue  of 'tlieso  patents  to  himself  and  Prescott,  and  united 


with  Harrington  in  the  request  Hint  tlioy  bo  issued 
self  aiiil  Harrington. 

The  application  now  in  question,  ease  11 1,  was  II 
nary  20th,  1875.  This,  nmlcnso  112,  ]>rovioiisly  lile 
then  exactly  upon  tlio  same  footing,  caeli  of  thei 
cases  wiiose  descriptions  lmd  been  lodged  with  Mr. 
for  tlio  purpose  of  having  models  constructed.  U 
receipt  of  tlio  nbovo  communication  from  Edison  m 
rington  (which,  ns  tlio  24th  was  Sunday,  conhl  linn 
been  beforo  tlio  2.1th),  tlio  Commissioner  ordered  1 
ber,  ns  ho  says,  to  send  him  cases  01  to  100  (anil  p 
112  also).  Ho  likewise  instructed  Sir.  Wilbor,  at 
incut  interview,  to  road  tlio  Harrington  and  Edisoi 
nont,  or  agreement,  and  to  report  in  writing  tlio  n 
>r  scope,  of  llio  term  “  fast,  systems  ”  or  “  fast  tolc{ 
»nd  whether  inventions  of  this  class  (/.  e.,  duple: 
ions)  were  included  thereunder. 

On  the  2!ltli  of  January,  Mr.  Wilber  made  his 
eport  to  tlio  Commissioner,  slating  Unit  ho  was 
‘  opinion  that  tliu  cases  referred  to  clearly  fall  within 
‘.visions  of  tlio  assignment  anil  power  of  attorney 
1  to.”  This  construction  of  tlio  Harrington  and  Ed 
itrimient  of  April  I,  1871,  was  contested  by  Mr.  J 
lpon  a  hearing  beforo  the  Commissioner  of -Paten 
‘iter  full  and  claborato  arguments  by  tlio  respeeth 
icl  on  both  sides,  tlieCouimissioncr  decided  on  Mar 
87o,  that  the  patents  for  tlio  inventions  in  conti 
'•hen  ready  for  issue,  should  bo  granted  to  Edit 
’rescott,  and  not  to  Edison  and  Harrington. 

The  Commissioner’s  decision  or  March  20th,  187 
lortcil  in  the  Official  Gazette,  VII,  422. 

In  it  tho  Commissioner  sots  forth  in  full  tho  ussi 
if  Edison  to  Prescott,  including  tlio  express  provis 
lie  improvements  in  duplex  telegraphs,  tho  descrip 
vhich.liad  been  lodged  with  Mr.  Phelps  for  tlio  pm 
laving  models  constructed,  wero  to  bo  inuhided  in 
ignnient.  Obviously,  therefore,  it  only  remained 
ily  tho  particular  applications  embodying  these  ini 
ir  improvements  to  tho  siitisfnction  ol'  tlio  Ooninii 
o.plnco  thorn  on  exactly  tlio  same  footing  with  cast 
00.  Application  Ho.  Ill  was  allowed  by  tho  E: 
in  tlio  25th  of  March,  and  Mr.  Prescott,  as  ono 


partios  in  intbrost,  was  duly  notified  by  tho  attorney  on  tho 
"(itli.  Ho  thereupon  took  immediate  measures  to  call  tlio 
attention  of  tlio  Commissioner  to  tho  fact  that  this  applies- 
thin,  us  well  ns  *12  and  113,  woro  included  in  liis  decision. 
On  tho  same  day  ids  counsel  addressed  the  following  lottor 
to  tho  Commissioner: 

Hew  Yoitic,  March  20,  1875. 

Hon.  J.  M.  TiiAwimt, 

Onmmimioner  of  Palenlo, 

Washington,  U.  C. 

Sir:  We  havo  tho  honor  to  notify  you,  on  behalf  ol  Mr. 
C’r.  B.  Prescott,  that  caso  Ho.  Ill ,  by  Thomas  A.  Edison,  is 
ono  of  tho  inventions  specially  referred  to  and  covered  by 
tho  agreement  between  said  Edison  nml  Prescott,  dated 
August  tilth,  1874,  anil  therein  referred  to  anil  identified 
ns  follows :  “  And  whereas  tho  said  Edison  1ms  also  invented 
•i  other  improvements  in  duplex  telegraphs,  tho  descriptions 
“of  which  have  been  lodged  with  George  M.  Phelps  for  tlio 
“purpose or  models  being  constructed,  it  is  hereby  agreed 
« Hint  such  inventions  are  included  in  this  present  agree- 
«  ment,  iiud  that. when  tlio  applications  for  paten  ts  aro  made, 
« tho  patents  to  be  granted  in  accordance  herewith,  and  that 
“  the  said  Edison  shall  sign  tho  required  papers  therefor.  > 
We  are  informed  that  a  patent  is  about  to  issue  m  case 
Ho.  111. 

Wo  suppose  it  to  lie  incumbent  upon  Mr.  Prescott  to  sat- 
isfy  your  Honor  by  proper  proofs  of  tho  identity  ol  this  in¬ 
vention  witli  those  described  as  above  quoted.  Tho  ques¬ 
tion  here  would  bo  entirely  different  from  that  .made  on  tlio 
recent  hearing  before  you,  to  which  Mr.  Harrington  was  a 

*  *Wc  are  directed  by  Mr.  Prescott  to  ask  you  to  appoint  a 
time  for  a  hearing,  at  which  he  will  place  in  evidence  bolero 
YOU  tho  models,  descriptions  and  other  papers,  by  which  it 
will  ho  shown  that  tho  agreement  aforesaid  applies  to  and 
covers  caso  Ho.  Ill  and  other  cases,  to  wit,  Hos.  11-  am 
113,  as  well  as  certain  caveats,  the  numbers  ol  which  will 
bo  forwarded  to  you  in  a  day.  or  two,  tho  sumo  as  t  covers 
tiio  cases  which  wore  before  you  upon  tlio  hearing  rotor- 

Wo  will  also  ut  that  timo,  if  you  havo  any  doubt  upon 


D  distinct  assertion,  tliat  after  the  Commissioner  romlcrcd 
,  decision,  on  tiro  20th  of  March,  ho  segregated  tho  cases, 
iding  01  to  100  to  the  Secretary  of  tho  Interior,  mid  re- 
uided  the  .balance  to  him  (Wilber),  and  that  on  tho  21th, 
eouinionecd  to  examine  and  pass  upom  them.  Now,  by 
rcienco  to  tho  record,  it  will  be  seen  that  it  was  not  until 
meh  30th  that  tho  Secretary  of  tho  Interior  ordered 
scs  01  to  100  to  be  transmitted  to  him.  This  was  ten 
i yt  after  the  Commissioner's  dccisiou  had  boon  rendered, 
ven  days  after  Wilber  had  commenced  aution  upon  tho 
sos  remanded  to  him,  andjire  days  after  ho  had  passed 
ion  and  allowed  easo  111.  The  Commissioner,  nt  tho  end 
1  his  decision,  says:  “I’/io  applications  are  remanded  to 
the  Principal  Examiner,  and  when  ready  lor  issue,  tho 
patents  will  be  granted  to  Edison  and  I’rcscott,”  etc. 
hereforo,  tbeso  cases  must  have  remained  in  Mr.  Wilber’s 
ossession  until  called  for  by  tho  Secretary’s  order,  ten 
ays  afterwards.  This  is  confirmed  by  tho  statement  ol 
io  case  in  Secretary  Chandler’s  decision  (Official  Qazetle, 
S,  403),  who  says,  “  After  a  full  hearing  of  the  parties, 
lie  (tho  Commissioner)  decided  in  favor  of  the  latter 
(Edison  and  Prescott),  and  thereupon  remanded  the  appli- 
cations  to  the  Principal  Examiner  for  further  proceedings, 
ill  accordance  icitli  the  practice  of  his  Office.  On  tho  2ilth 
of  tlio  same  month,  Harrington  presented  a  potition  to 
1  Hon.  0.  Delano,”  etc.,  etc. 

Finally,  wo  hnvo  tho  positive  stntoiuont  of  Ex-Commis- 
loner  Timelier  himself  (see  appendix  E,  post)  that  the  ap- 
ilicutions  were  all  remanded  to  Examiner  Wilber ;  that 
vlion  called  for  by  him  to  send  to  the  Secretary  of  tho  Jn- 
crior  they  were  brought  from  Examiner  Withers  room,  and 
hat  tboy  were  nt  that  time  properly  in  Ins  custody,  ilns 
s  again  continued  by  tho  statement  of  Mr.  Emory,  who, 
ipon  inquiry,  says  that  ‘'enscs  from  ill  to  100  wore  got  out 
‘  of  Wilber’s  room  by  him  to  tnko  to  tho  Secretary.” 

Thus  it  is  clearly  shown  that  Wilber’s  statement  about  the 
segregation  of  tho  eases  by  tlio  Commissioner,  prior  to  tho 
23d  of  March,  is  not  true.  The  latter,  as  tho  record  shows, 
received  no  orders  from  tho  Secrotary  until  tho  30th. 

.  3.  Wo  have  above  shown  that  Mr.  Prescott,  through  lilt 
counsol.  Messrs.  Porter,  Lowroy,  Soren  and  Stono,  oflleinUj 


notified  tlio  Commissioner  ol  Patents  ns  early  ns  Mnrcli 
27th,  that  ho  claimed  an  interest  in  applications  Nos.  11], 
112, 112,  on  the  ground  that  they  were  embraced  within  the 
scope  of  the  decision  of  March  20th,  nml  that  the  Commit- 
missioncr  thereupon  sent  for  Mr.  Wilber,  nml  ordered  him 
not  to  let  'any  of  Edison’s  enscs,  other  tlinn  automatic, 
go  out  until  31  r.  Prescott  lmd  nit  opportunity  lo  identic 
them.  It  was  subsequently  arranged  between  the  Com- 
•missioncr  and  Mr.  Quimby,  who  represented  3lr.  Prescott, 
that  the  models  referred  to  in  the  Edison. Prescott  agree 
incut  should  bu  identified  by  Gcogo  31.  Phelps,  .Tr.,  the 
gentleman  under  whoso  supervision  they  were  const ructcfl, 
Accordingly,  on  or  about  the  llltli  or  April,  187ii,  3Ir 
l’llelps  visited  Washington  in  company  with  Mr.  QuiniUy, 
inspected  tlio  models  in  the  Patent  Ofllce,  and  identified  that 
of  case  111,  among  others,  us  having  been  made  by  him.  The 
following  day  ho  executed  an  nllhlnvit  embodying  the  itlcnt 
ideations  of  the  models  of  cases  11 1  and  1 12,  which  aflhhivii 
ho  delivered  in  person  into  tho  hands  of  Mr.  Wilber.  (Foil 
sworn  evidence  of  this  action  see  appendix  B,  p.  IS  Wilbert 
Statement.)  Thus,  ovon  if  Mr.  Wilber  had  not  previously 
known  that  case  111  was  one  of  those  claimed  by  Mr.  Pres 
cott,  he  could  not  have  failed  to  bccoino  nivnro  of  it  whoi 
this  ntlidavit  was  placed  in  bis  liuiuls. 

lint  there  is  evidence  that  lie  must  have  known  it.  He  had 
already  examined  and  passed  ease  111.  Thu  model  belong 
ing  to  the  application  had  a  small  brass  plato  attached  to  it, 
bearing  the  inscription  “  Prescott  and  Edison,”  which 
could  hardly  have  escaped  bis  notice.  Ho  had,  farther 
more,  already  withdrawn  this  case  from  issuo,  pursuant  to 
n  positive  order  from  tho  Commissioner,  for  tho  very  pur¬ 
pose  of  this  identification. 

Mr.  Wilber  pretends  that  this  aflldnvit  of  identification 
never  was  filed  with  him.  Sir.  Phelps's  ovidonce  that  it  was 
so  filed  is  clear  and  omplmtic,  and  there  unn  bo  no  doabtol 
its  truth.  Is  it  reasonable  to  supposo  3Ir.  Phelps  would 
have  taken  tho  trouble  to  go  from  Now  York  to  Washing¬ 
ton  for  tho  express  purpose  of  identifying  theso  models, 
and  have  executed  such  nn  nilidavit,  nml  returned  without 
phioing  it  in  tlio  hands  of  souio  official  at  tho  Patent  Oflicot 
It  is  impossible  that3Ir.  Phelps  should  bo  mistaken  in  this 
matter.  His  testimony,  is  explicit,  ovon  to  tlio  very  words 
ho  used  when  he  delivered  the  paper  to  Mr.  Wilbor. 


But  oven  if  it  be  true,  as  Mr.  Wilber  asserts,  that  lio 
never  sawtliat  affidavit,  it  does  not  afford  him  one  particle 
of  justification  in  permitting  case  111  ’to  issue.  The  Com¬ 
missioner  had  ordered  him  not  to  issuo  it  until  Sir.  Prescott 
lmd  lmd  an  opportunity  to  identify  it.  This  order  was  never 

revolted,  countermanded,  or  superseded,  and  Mr.  Wilber  no¬ 
where  oven  nttompts  to  show  that  it  was. 

If,  as  ho  claims,  be  never  saw  tlmt  affidavit,  how  then 
could  ho  nssumo  to  determine  which  eases  lmd  been  iden¬ 
tified  by  3Ir.  Prescott  ns  cases  in  which  ho  was  interested, 
and  which  had  not  been  so  identified  I 
Mr;  Wilber  withheld  this  case  until  tlio  vory  day  that 
Commissioner.  Thacker's  term,  of  office  expired  (tho  Ooiu- 
.missionor  who  had  ordered  him  not- to  issue  it),  and  then 
allowed  it  to  issuo.  This  coincidence,  ho  explains,  arises 
from  tho  fact  thut  tho  final  fee  wns  paid  at  that  particular 
time.  But  tho  fact  thut  tho  fee  wns  paid  just  at  that 
particular  time,  by  order  ol' Ellison,  without  tho  kuowlcdgo 
of  Prescott,  is  ns  much  apart  of  tho  coincidence  as  any¬ 
thing  clso  is. 

•  In  tho  notes  appended  to  the  statement  and  bnet  ot  Mr. 
Wilber,  which  wo  have  liavo  had  printed  foi  tho  convcni- 
euce  of  tlio  Committco.-wo  have  carefully  sought  to  point 
out  tlio  misstatements  of  facts,  falso  promises,  sophistries, 
•and  the  manifold  other  devices  designed  by  him  to 
bofog  tho  case,  and  doceivo  the  Commission  appointed  to 
investigate  bis  acts  in  tho  matter  of  the  wrongful  issuo  of 
patents  Eos.  102,033  and  108^180  to  Edison  anil  Harrington, 
for  inventions  which  the  Commissioner  of  Patents  lmd  pre¬ 
viously  decided  were  legally  anil  of  record  in  .the  Patent 
OiUco  tlio  property  of  George  B.  Prescott  anil  Thomas  A. 
Edison;  and  wo  do  not  consider  it  necessary  to  ;  restate 
them  all  here.  But  wo  do  tbink  it  desirablo  to  place  before 
you  in  a  conoiso  form  the  more  ilagnuit:  instances  of  his 
misstatements,  together  with  a  reference  to.  tlio  .oil  emi 
records  and  other  proofs  which  dearly  demonstrate  then 
falsehood.  ^  ' ! \  1 :  * 

Oil  p» go  4  of  tlio  printed  copy  of  Mr.  Wllboi  h  statement 
•ho  save:  “The  title  to  some  of  Edison’s  inventions  being 
« tho  ‘subject  of  dispute,  I, was  determined  .that ,  all  .inter. 
'«  csted  should,  if  tiioy  choso  to,  know  what  lie  had. filed  m 
;« tho  office.  They  were  all  open  to  tho  inspection  oj  hoth.par 


. -’-v- 


“  lies,  so  time  if  tlioro  wns  anything  tlioroin  either  might 
“  clnim,  they  should  Imre  uotico  tlmt  such  was  in  tlio  office; 
“  and  talco  wlmt  action  they  chose.”  Again,  on  page  45  of 
his  nrgumout:  •<  It  should  bo  homo  in  mind,  in  this  conncc- 
“  tion,  that  all  parlies  had  official  notice  of  the  existence  of  Me 
“  cases  A  to  IT  nearly  three  months  before  the  issuance  of  IT; 
“  that  thoso  cases  were  open  to  their  inspection,  and  that 
“  no  notion  wns  taken,  no  claim  made  to  lend  any  ono  in 
“  this  oflico  to  suppose  that  Mr.  Prescott  wns  in  any  way 
“  interested  in  any  of  them.” 

Thoso  statements  are  utterly  untrue.  No  such  notice 
wns  over  given,  nor  wns  oven  tlio  slightest  intimation  ovci 
made  to  Mr.  Prescott  or  his  representatives  Hint  all  or  any 
of  Edison’s  cases  wore  open  to  such  inspection,  nor  has  Mr 
Wilber  brought  forward  the  slightest  proof  of  any  such  so 
tico  having  boon  given.  No  “olllcinl”  or  other  “  notice,’ 
was  given  to  Mr.  Prescott,  or  his  representatives,  of  the 
existence  of  ease  H,  “  nearly  tlirco  months,”  nor  three  sco 
omls  before  the  issunuco  of  tlio  patent  for  case  II.  licsidei 
this  the  ntnonded  application  in  case  II  wns  only  Died  in  tin 
Patent  Office  one  month  hud  four  days  before  its  issue,  ai 
tlio  records  show.  ‘J 

In  ordinary  cases  it  is  difliciilt  to  prove  n  negative,  ha 
in  this  instance  it  fortunntcly  happens  that  wo  are  able  ti 
do  so.  On  tlio  14th  of  May,  wliou  Mr.  Quiinby  had  oh 
tained  from  Mr.  Prescott  a  copy  of  tho  file  and  contents  o 
patent  No.  102,(133  [case  Tl],  and  during  an  interview  witl 
tho  Commissioner  of  Patents,  on  tlint  day,  asked  him  wh; 
Mr.  Prescott  or  his  attorneys  had  not  been  permitted  to  sci 
tho  application  in  case  H  before  tlio  patent  was  issued, ‘hi 
roplioil  that  Mr.:  Prescott  was  not  entitled  to  information 
from  tho  oflico  ns  to  nil  apxilicntions  of  Edison. 

In  order  to  manufacture  ovidoucc  to  prove  that  the  Com 
inissioucr’s  decision  of  March  20th,  1375,  did  not  inchld 
any  cases  otlior  thnn  thoso  numbered  04  to  100,  Mr.  Wil 
her  says  (page  4).  ! 

“  The  decision  mndo  by  tlm  Commissioner  was  npponlci 
“  front,  ‘'Thereupon  the  Commissioner  forwarded  to  the  Hoi 
“  Secretary  cases  01  to  100;  with  his  decision,  and  the  othe 
“papers  relating  thereto,- and  returned  to  me  all  the  other  casei 
“  including  tlio  'series  A  to  H;  111,  112,  and  113;  If,  in  hi 
“judgment,  any  of  these  had  also  been  embraced  within  hi 


«  decision,  lie  should  and  would  have  forwarded  them  to  tho 
a  Secretary;  but  by  this  segregation  lio  determined  what  wns 
“and .what  wns  not  embraced  within  his  decision.  And  I 
«  may  add  that  cases  04  to.  100  have  not  been  in  my  posses- 
“sion  since  tho  time  I  forwarded  them  to  tho  Commissioner  a 
a year  ago  this  month  [January,  1875],  while,  as  boforo  stated, 
«tho  remainder  were  returned  to  mo  to  take  their  places 

“among  my  ponding  eases.” 

Here  are  two  distinct  statements,  both  of  which  nro 
contradicted  by  the  official  records,  and  by  the  accompany¬ 
ing  letter  of  Ex-Commissioner  Timelier  [seo  Appendix  E] 
and  tho  statement  of  .1.  M.  Emery,  Esq.,  clork  m  clinrgo 
or  appeals.  The  Commissioner's  decision  of  Jlnroli  20th, 
“1875  (O.  G  VII,  423)  concludes  ns  follows.  “The  up- 
"plications  are  remanded  to  the  Principal  “  Examiner,”  etc. 
Secretary  Chandler,  in  his  decision  (O.  G.,  IX,  403),  says 
j  tlmt  after  tho  decision  was  made  tlio  Commissioner  *  there-. 

I  "  upon  remanded  the  applications  to  the  Principal  Examiner 
a  for  further  proceedings  in  accordance  with  tho  practice  of  Ins 
“  office  ”  Mr.  Wilber  acknowledges  that  tho  otlior  cases 
wore  returned  to  him,  ami  that  on  tho  23d  of  March  ho 
commenced  to  examine  them ;  but  tho  appeal  to  the .Secre¬ 
tary  ortho  Interior  was  not  umdo  until  tho  20th  of  March, 
and  it  was  not  until  tho  30th  Mnroh-toi  days  after  the  de¬ 
cision— tlmt  tho  Commissioner  wns  ordered  by  tho  Score- 
tary  to  transmit  to  him  cases  01  to  100.  (See  the  corre¬ 
spondence,  pp.  25,20,  appendix  to  WilbePs  statement  ) 
Where  wore  cases  04  to  100  from  the  23d  to  the  30th  of 
March  1  They  were  in  Wilber’s  hands,  as  tho  letters  of  Ex- 
Coininissiouer  Timelier  and  statement  of  Sir.  Emory dearly 

P1 To°snpport  the  theory  that  ho  did  not  know  that  case 
111  was  ono  of  thoso  embraced  in  tho  decision,  Mr.  Wilber 
is  obliged  to  deny  point  blank  that  1m  over  saw  Mr.  Phelps  s 
affidavit  identifying  the  models  in  tlio  case.  Ho  says:  I 
“understood  that  Mr. Phelps  wns  to  make  m.  affidadt, 
“  that  that  wns  Ids  object  in  looking  over  tlio  models.  E«f 
“  he  filed  no  such  affidavit  with  me.  If  ho  had  biought  to 
“  such  a  document,  knowing  him  to  bo  unaccustomed  to 
“  the  office  routine,  I  should  have  first  asked  him,  ns  is  ay 
“habit  in  such  cases,  if  belaid  l.nd  it  stamped  foriegnla 
“  filing.  But  I  cannot  remember  any  such  occurrences,  an 


‘  I  am  confident  tlmt  ho  is  mistaken  in  ills  recollection1  of 
I  wlmt  ho  did  with  it."  This  is  directly  contradicted  by 
lie  evidence  of  Mr.  Phelps,  givon  by  him  ill  person  befon 
ho  Commission  on  tlio  lltli  of  Juminry,  187(1,  anil  wliiol 
s  substantiated  by  his  sworn  statement  (printed  on  pngi 
18,  appendix  to  Wilber's  statement),  tlio  original  uiTIdnvit 
joing  forwarded  herewith. 

Again,  ns  nn  oxeuso  for  his  hurried  and  hasty  action  ii 
ssuing  easo  If  without  knowing,  ns  ho  claims,  wlmt  i 
.•enlly  contained,  ho  makes  tlio  statement  that  tlio  Comniii 
doner  “said  ho  laid  received  a  teiogmm  from  Mr.  Scrrol 
‘complaining  of  mg  delay  in  not  sending  forward  a  cos 

I  (enso  II),  which  had  boon  properly  nmonded  somo  week 

II  bofore.” 

Again,  on  pago  81  of  his  argument  ho  again  assorts  tlio 
this  hurried  examination  was  “  made  after  the  interne' 

11  with  tlio  Commissioner  on  tlio  day  of  tlio  passage  or  tli 
11  enso,  nn  interview’  incident  to  complaints  minlc  of  my  noi 
"  action  on  the  case.” 

By  reference  to  tlio  statement  of  Commissioner  Tlmchi 
(page  1C,  Wilber’s  statement),  it  will  bo  scon  that  ho  mnKi 
lio  reference  to  any  “ complaint.”  The  telegram  itself  (pa{ 

23,  fil'd)  is  simply  nn  inquiry,  and  not  in  any  senso  a  cot 
plaint.  It  simply  says:  “Please  advise  me  condition  ' 

“  caso  IT,  of  T.  A.  Edison,  filed  April,  ’73,  anil  amended  by’ 
“  himself.  Tf  ready,  please  issno  immediately,”  etc. 

To  clear  himself  from  tlio  proof  which  Mr.  Pope’s  oi 
deuce  affords  that  ho  well  know  the  scope  and  value  of  tl 
claim  which  Edison  had  inserted  by  amendinont  into  ca 
H,  Mr.  Wilber  is  again  obliged  to  resort  to  tlio  direct  contr 
diction  of  tlio  witness.  Tlio  original  niemnmmlum  widen. 
Mr.  Popo  lnndo  at  tlio  timo  is  submitted  ill  evidence,' 
together  with  his' sworn  affidavit  detailing  all  the  occur-1 
ranees  of  tlio  interview  with  great  minuteness.  It  will  be-- 
seen  that  Mr.  Pope’s  memorandum  corresponds  almost  word- 
for  word  with  tlio  claim  us  contained  in  tlio  patent  or  case'-: 
II,  although  liolind  no  knowledge  whatever  at  that  I iino't; 
of  any  of  tlio  cases  in  controversy.  Mr.  AVilbor  gives  in¬ 
version  of  his  statement  as  follows:  “My  statement  was?- 
"'•the  combination,  with  a  line,  of  ono  receiving  instrii- 
moat,  operated  by  changes  of  polarity,  irrespective  of- 
“  ‘  tension,  and  ono  receiving  instrument  operated  by1! 


changes  of  tension,  irrespective  of  polarity,  at  am 
the  fine  ;,  and  a  koy  changing  the  polarity  and 
changing  tlio  tension  at  the  other  end  of  the  line:  ’ 
This  differs  from  Mr.  Pope’s  version  by  being  mat 
icciilc,  with  tlio  evident  intention  of  producing 
ession  that  ho  had  in  his  mind  tlio  particular  a 
out  described  in  case  09.  Yet  ho  goes  on  to  say 
«t  breath:  “This  statement,  which  is  in  substa 
ono  I  did  make,  recto  a  comlanation  differing  ft 
thing  I  knew  of,  and  expresses  tlio  elements  and  n 
meats  necessary  to  accomplish  tlio  Hrst  stop  in  i 
plex,  viz.,  send  tlio  two  messnges  siimiltnncousli 
direction.” 

Ho  says  ho  knew  of  no  such  combination ;  yet 
tumbled-  caso  99,  anil  had  written  an  official  lotti 
ition.  thereto  on  December  31,  1874,  more  tlm 
loiitlis  prior  to  tlio  date  referred  to!  .In. view  of  t 
'helming  proofir  which  liavo  been  brought  forwan 
ntiro  falsehood  of  Mr.  AVilber’s  testimony  in  re 
thor  matters  of  fact,  what  importance  can  bo  attr 
is  denials'  of  the  statements  contained  in  tlio  affli 
Ir.  Popo  and  Mr.  Pholpsl 

On  pnge'14.  Mr.  AVilbor  makes  the  statement  t 
Icrrell  was  the  solicitor  in  the  cases  whoso  issue 
ilninod  of.  This  is  not  true  us  regards  case  IT,  as  tin 
if  the  caso  on  tlio  flics  of  the  office  will  prove;  i 
my  of  record,  other  than  Mann  &  Co.,  appearing  in 
lies. 

It- is  respectfully  submitted  that  tlio  evidence  i 
inve  brought  forward  of  tlio  wrongful  mid  imjiropc 
ir  Mr.  -AYilbor,  in  regard  to  tlio  two  oases  whose 
loinplaincd  of,  when  taken  in  connection  with 
ihown.by  tlio  official  records  of  tlio  enses  contain! 
Hies  of  tlio  office,. as  well  ns  Mr.  AVilboris  own  m 
mid  statements  in  relation  thereto,  fully  sustain  tli 
preferred  against  him  in'  Mr.  Prescott’s  lotter  to 
niissioncrof  Dccouibor  18th,  187f>,  and  conchisivcl 
slratos  his  entire  unfitness  to  occupy  tho  impoi 
rcsponsiblo  position  of  a  Principal  Examiner  in  tl 
States  Patent  Office.  Even  if  wo  tnko  tlio  most  i 
view  of  Mr.  AVilber’s  professed  inability  to  ilisoov 
semblance  bo'twoon  tho  subject-matter  of  caso  H,  i 


only  bo  excused  on  the  ground  of 
sequent  conduct  in  deceiving  tliu 
to  tiie  contents  of  ense  II,  in  nll< 
notice,  oitlicr  to  tho  Commissioner 
in  ease  !)9,  wlicn  lio  well  know,  i 
to  Jfr.  Tope  proves,  that  it  oonvo 
tlio  “point  of  value ”  in  ipini 
especially  in  issuing  case  111,  i 
obedience  of  tlio  orders  of  the  C< 
the  very  day  that  tlio  latter’s  t< 
dually  the  innumerable  sophistric 
oven  actual  misstatements  of  fact 
abounds,  somo  of  which  wo  hnvo 
all  tlicsc  facts  Icavo  no  question  v 
lias  grossly  abused  the  olllciul  poi 
ho  1ms  douo  this  m  pursuance  o 
for  tlio  uninistakalilo  purpose  of 
parties  who  wero  conspiring  toge 
cott  of  his  rigiits  in  these  invei 
odicial  liinlfcasnnce  on  tlio  part  of 
lias  been  subjected  to  a  vast  nmo 
convenience,  ns  well  as  great  pe 
all  the  facts,  it  is  respectfully  sub 
for  the  rights  of  the  public,  and 
Patent  Ofllce  itself,  imperatively  r 
Wilber  from  tlio  responsible  olllei 
holds. 


acity,  while  his  self 
nissioncr  in  respect 
it  to  issue  without 


teres ts  tlioreiu,  wider  certain  assignments  of  record  i 
o  Patent  Olllco,  and  that  a  certain  George  B.  Presco 
so  claims  to  hnvo  the  said  lottors  patent  issued  to  liiti 
ilfnnd  tho  said  Thomas  A.  Edison,  by  virtue  of  an  a 
guinea t  from  tho  said  Edison  to  tlio  said  Prescott,  also 
icord.  That  tho  decision  of  tlio  Commissioner  of  Patou 
is  bcon  rendered  directing  tho  issue  to  tlio  said  Presco 
id  Edison,  which  your  petitioner  respectfully  insists  wou 
d  contrary  to  equity  and  in  violation  of  tho  spirit  of  tl 
iw  in  such  cases  uindo  and  provided.  And  your  petition 
irtlicr  states  that  ho  is  prepared,  should  time  bo  ullowi 
ini  for  tho  purpose,  so  to  present  his  claim  as  to  provo 
■hat  ho  respectfully  insists  would  bo  doing  a  great  wroi 
l  tho  promises ;  and  forasmuch  as  your  orator  is  ndvis 
lint  under  tho  Act  of  Congress  in  this  connection,  t 
loiiiinissioaor  of  Patents  is,  in  tho  cxerciso  of  his  powi 
s  such,  subject  to  the  direction  of  tlio  Secretary  of  tho  J 
crior,  your  orator  prays  that  you  will  direct  tho  proccedin 
icrotoforo  laid  before  tho  Commissioner  of  Patents  m  tl 
egard  to  bo  transmitted  for  your  examination  and  rovisii 
o  the  end  that  tho  patent  may  bo  directed  to  bo  issued 
rour  petitioner  and  said  Edison. 

Jno.  XI.  B.  IjATitonu,  I  Of  Counsel , 

John  K.  Co  wen,  j  Petitioner 


'  Appendix 

Appeal  of  George  Harrington  to 


To  the  Honorahlo  the  Secretary  oft 
The  petition  of  George  Hnrrii: 
scuts  that  ho  claims  to  have 
dorstood  to-be  ready  to  bo  issu 
Thomas  A.  Edison,  tlio  inventor  < 
posed  to  bo  patented,  iu  the  prop 


'  Washington,  D.  0.,  March  30(/i,  187f 
Silt:  I  transmit,  herewith,  a  copy  of  a  petition  that 
been  presented  to  me,  iu  relation  to  tlio  issue  of  letters  ] 
cut  lor  alleged  Improvements  in  telegraphs,  ami,  agrees 
to  tho  prayer  thereof,  you  are  hereby  directed  to  transmi 
this  Department  tho  proceedings  ponding  before  you  m 
matter  of  tho  applications  of  Thomas  A.  Edison,  nssigi 
&c.,  niimbors  9-1,  05,  ill),  97,  98,  09  and  100,  for  letters  ] 
cut  for  alleged  improvements  iu  telegraphs,  for  examine 
and  revision. 


C(IH0  you  slinll  proceed  to  issuo  tlio  letters  pntcnt,  be 
my  examination  and  determination  of  tlio  questions 
ntod,  you  arc  requested  to  cull  my  pcrsonnl  attention 
)  fact  and  to  tlio  letters  patent,  to  tlio  end  Hint  I  may 
indrertcntly  sign  the  same. 

I  nni,  sir,  very  respectfully, 

Your  obedient  servant, 

0.  Delano, 


APPENDIX  0. 

Secretary  Delano’s  Decision. 

Washington,  D.  0.,  April  14,  1875.  J 
s  tlio  practice  of  tlio  department  to  sign  without  in- 
all  patents  tlint  aro  sent  up  from  the  Patent  Office 
ho  signature  of  tile  Commissioner  attached  before 
to  presented'.  As  far  as  I  know,  it  has  bceu  tlio  prae- 
the  Office  from  time  immemorial.  I  cannot  say  to  the 
horcol  the  memory  of  man  runneth  not  to  the  con- 
xc.  Jty  memory  only  dates  back  to  tlio  day  of  Sccro- 
ivmg.  The  records  or  the  department,  ns  has  been 
sorted  by  tlio  counsel,  show  that  applications  to  the 
"J  t°  withhold  his  signature  to  these  patents  have; 
iry  rare,  if  0no  hns  ever  been  made.  Nevertheless, 'I 
J  clearly  of  tlio  opinion  tlint  when  my  attention  is. 
to  tlio  facts  of  a  case,  mid  my  judgment  is  that  a  i 
should  not  be  issued,  it  would  bo  my  duty  to  withhold 
mturo  from  tlio  patent.  But  I  think  good  pmctico 
s  that  my  opinion  should  rest  upon  tlio  case  ns  pro-' 
to  tlio  Commissioner;'  and,  therefore,  I  should  no£ ; 
lien,  l  think,  under  any  circumstances,  to  direct  tlio  : 

,  .ol  0tl‘01'  evidence  than  that  which  was  before ' 
a miss'oner.  Certainly  in  this  case,  at  this  stage  of 
f  *?  wwwilling  to  give  ini  order  for  tlio  taking  of  ’ 
8  continuance,  as  tlio  counsel  upon  onesided 
2, <«'!•, Now,  as  to  whether  W .hy'judg^ 
rshall  notdeoni  it  niy  duty  upon  tlio  ease,  ns 


that  have  boon  submitted  to  day— cither  todi 
or  contiiiuo  it,  and  allow  additional  tcstimoi 
in  it  I  reeognizo  tlio  fnct  that  to  tlio  Count 
trusted,  in  tho  first  distance,  tlio  duty  of  o 
deciding  upon  all  questions  that  arise  bofo 
office,  and  are  presented  to  him ;  but  1  am  ui 
my  mind  to  tho  conclusion  that  it  would  bo  m, 
ir  patent,  because  in  his  best  judgment  lie  lint 
ho  issued,  if  I,  on  tho  evidence  in  tlio  case  m 
mo,  should  bo  of  tho  opinion  tlint  his  com 
dearly  and  distinctly  erroneous.  I  do  not 
ibout  what  I  should  do  in  a  doubtful  case.  1 
:o  express  any  opinion  at  present  in  any  otlie 
[  havo  used,  namely,  and  if  tho  facts  in  the 
looted  by  tlio  document  by  tlio  Commissioner 
aitisfy  mo  that  it  was  wrong  to  sign  tho  patei 
loultl  not  conscientiously  attach  mynanio  to  it 
osorvo  tho  expression  of  any  opinion  in  ref 
loiivictions  ns  to  whether  this  patent  should  i 
io  issued.  I  am  inclined  to  think,  that  in  no 
mdertako  re  direct  tho  Oommissioiior  ns  to  1 
codings,  nftor  I  hail  determined  to  withhold 
rom  a  patent  presented. 


Appendix  D. 

Letter  from  Qeo.  B.  Prescott  io  J.  jlf.  Thaclier 
sioncr  of  Patents. 

New  York,  Mar 

Ton.  J.  M.  Thaclier. 

Sir  :  In  your  decision  of  Mnroli  20, 1875,  on 
f  title  in  tlio  raattor  of  tho  applications  of 


,  xu.iuuvumunra  m  uupiox  Telegraphs,  you  C( 

imo  by  stating  that  u  tlio  applications  arc  remanded 
iio  Principal  Examiner,  and  when  ready  for  issue,  t 
ntents  will  bo  granted  to  Edison  mid  Prescott,  nssignt 
f  Edison.”  Will  you  please  inform  mo  whether  all  l 
III dications  in  tlicso  enses  wore,  in  foot,  remanded  to  J> 
minor  AVilbor,  in  nccordmico  with  your  decision,  and 
lioso  custody  they  wore  whon  culled  for  by  tlio  Secfctn 
r  tlio  Interior,  on  March '30,  lSTflt 


■tter  from  J-  M-  Timelier,  Ex-Cuinmmioncr  of  Vatents, 
George  11. Vreseott. 

Nkw  Yohk,  March  24th,  1870. 

:o.  B.  Brescoll,  Esq. 

S™ih'  r“!llj'to  y°"r  »0ta  of  this  date,  I  would  sta 
‘  *1,e  f?>j>cat,ons  Covered  bg  mg  decision  of  March  2 
, ™  W,IW,‘  y°n  refer,  mere  all  remanded  to  Examiner  IP 
rJT'J  fll*  : reguIar  comse>  «>°  opplications  we 
.  uj  mo  from  tlio  Commissioner's  room  to  the  Clci 
vmg  charge  of  all  appeals  to  tlm  Commissioner,  then,  i 
»,  iui.  Winery,  who,  I  suppose,  took  thorn  to  Mr.  Wilhei 

Whon  those  applications  woro  called  for  by  mo  in  ord< 

•porly  in  the  custody  of  the  Examiner,  Mr.  AVilbor. 

.  Ecspootfully  yours, 

J.  M.  XiiAonur 


BEFORE  A  COMMISSION 


COMMISSIONER  OF  PATENTS, 


Charges  preferred  by  GEORGE  B.  PRESCOTT  against 
'  Z.  F.  WILBER,  a  principal  Examiner  in  the  United 
Stales  Patent  Office..  ' 


STATEMENT'  AND  •  BRIEF^OF  :Z.  f.  .WILBER, 


NOTES 


EXPLANi 


ACCOMPANIED: 


GEORGE  B.  PRESCOTT,  XND  DOCUMENTARY 


support, 


and  Kb.  01  in  roforonco  to  F.  Part  of  112  was  also  rejected  on 
rofovonco  to  Edison’s  prior  patent  Eo.  ICO, 810.  ITnd  l  tlion 
thought  that  II  and  00  were  tlio  same,  I  should  have  pursued 
tho  same  course  in  relation  to  00.- 1 

Some  timo  in  January,  1875,  an  ordor  came  to  mo  to  send  up 
to  tho  Commissioner  cases  01  to  100.  I  was  afterwards  sont 
for  by  him,  and  instructed  to  read  tho  Harrington  and  Edison 
assignment  or  agreement,  and  roport  in  writing  tho  meaning  or 
scopo  of  tho  torm,  “  fast  systems,”  or  “  fast  telegraphy,”  and 
whothor  inventions  of  this  class  were  included  thereunder.  I 
made  tho  report.  Although  its  merits  or  demerits  lmvo  nothing 
whatever  to  do  with  tho  matter  in  issue,  it  has  boon  lugged  in 
with  some  would-be  sarcasm,  “as  illustrating  tho  temper  of 
“  mind  in  which  ho  approached  tho  subject.”  So,  in  soil' defense, 
it  may  bo  well  to  stato  tho  conclusion  arrived  at  in  tho  roport, 
and  tho  “why  thereof,”  “ns  illustrating  tho  actual’ temper,” 
otc.  Tho  Journal  of  tho  Telegraph  liml  The  Telegrapher  aro  the 
tico  leading  electrical  journals  in  this  country.  The  first ‘is -re¬ 
cognized  ns  tho  official  organ  of  tho  W.  U.  Tel.  Co.,  and  public 
opinion  gives  tho  control  of  its  editorial  columns  to  Mr.  Pres¬ 
cott,  assisted  by  Mr.  Grace.  Tho  second  was  generally 're¬ 
garded  as  rather  anti-W.  U. ;  was  and  still  is  published  by  Mr. 
Ashley,  a  business  associate  of  Mr.  Pope,  and,  until  some  time 
in  1874  (I  think)  Mr.  Popo’s  name  appeared  at  tho  bend  of- its 
columns  ns  associate  editor.' 

In  tlieso  papers  I  had  noticed  during  tho  fall  mid  suminci 
several  editorials  on  tho  subject  of  fast  telegraphy  which  were 
fresh  in  iny  mind.  Under  the  generic  caption  of  “  Fast  Sys- 
“toms,”  or  “Fast  Telegraphy,”  tho  species  “Duplex”  and 
“  Quadruples”  were  spokon  of.  I  remomber  ono,  whore  the 
quadruples  alone  hnd  been  discussed,  entitled  “-More  Startling 
“  Inventions  for  Rapid  Telegraphing.”  Another  (in  tho  Journal), 
with  tho  generic  title,  “  Fast  Systems  of  Telegraphy,”  discussed! 
ns  species  thereof,  tho  automatic,  multiplex,  duplex  ninl  mind' 


last  number  of  tho  Journal  of.  tho  Telegraph  ventilates 
ideas  of  ,  Messrs.  Prescott  and  Edison  on  the  subject  oj 
ni-  rnlninaubv  at  considerable  length.  * 


initio : whether  the  assignment'  from 
ilntcil  April  4t1i,  1871,  covers  thoso  inventions 
it  is  not  ncccs8nry  to  deternuno  whether  1 


returned  to  my  room,  wont  ovor  tlio  enso  (some- 
nml  sent  it  forward  tlmt  same  afternoon, 
dates  of  tlio  amendment  and  allowance  of  this 
ed  Now  York  on  business,  and  while  there  mcl 
o  had  quite  a  conversation,  tlio  occasion  for  ami 
as  an  application  mado  by  him  and  his  asso 
■issno  of  Klcctrie  liuilrond  Signnl  originally  pat 
Tlio  main  portion  of  tlio  talk  was  an  argument 
o  show  mo  that  I  was  wrong  in  iv  certain  posi- 
1  takon  in  treating  that  case.  Tlio  argument  he 
on,  was-  sulllcient  and  convincing,  that  if  lie 
tlio  enso  I  would  “back.”  ITo  said  ho  would 
of  it  for  Mr.  Livingston,  his  attorney,  to  flx 
My  impression  is  that  lie  did  take  somo  paper 
tstoifs  desk  (Mr.  Livingston  was  absent  ut  the 
iterviow  was  at  his  olllce),  and  made  a  minute 
o  courso  of  our  talk  lie  mentioned  that  lie  hnd 
jy  the  Western  Union  to  examine,  ns  an  expert, 
inventions.  Wo  hnd  somo  talk  thereon,  not  as 
stwecii  Prescott  and  Harrington,  but  ns  to  the 
i  dill'crcnt  inventors,  whoso  names  wero  there 
between  whom  an  interference  seemed  possible 
-•  .  Ho  asked  mo  wlioro  I  thought  tlioy  touched, 
linn.  I  hnd  considered  tlio  subject  somowlint 
md  compared  tlio  systems  of  these  inventors, 
vital  and  first  thing  to  bo  done  in  a  qnudruplex 
rniigomont  by  which  two  manages  could  bo  sent 
i  one  direction ,s*  that  this  being  done,  tlio  rccciv- 
could  bo  easily  duplexed  by  eitiier  the  diffeicn- 
steins,  the  result  would  then  be  a  qnudruplex. 
iruplexes  wero  old,  or  rather  that  arrangements 
messages  simultaneously  in  one  direction  were, 
stick  laid  been  suggested  having  one  receiver 
’  c  ““front  and  iinotlier  to  u  stronger'  cur¬ 
s’  thereof  being  immaterial :  that  others  (or  at 
icon  suggested  in  which  wore  used  rovorsnls  of 
rcaso  or  deereaso  of  tension  to  effect  the  object, 
latter  three  receiving  instruments  wero  used, 
;i*5'“i"  polarity  (ouo  +  and  one  -),  the 
d  lull  of  tension  (key  1  sending  a  +  current 
i,  and  key  2,  sending  a  —  current  to  iniiuonco 
i  tho  keys  woro  used  separately ;  when  used 


ml  novel'  been  officially  cancelled.  I  signed 
o  of  a  habit  I  liavo  in  such  eases,  simply  to  si 
tho  original  allowaneo  it  hail  boon  again  in 
lis  was  the  last  day  of  September,  and  tho  send 
gain  at  that  particular tiino  was  simply  because 
n  been  seat.  Said  fee  was  received  on  tho  - 
nit  day  it  had  been  called  for,  it  would  have  g 
to  days  beforo  “  tho  lato  Ooinmissioiior’s  tern 
d,”  instead  of  on  tho  very  day.  It  had  noth 
tho  fact  that  oil  that  day  “  tho  Into  Conn 
i  of  ollleo  expired."  .That  was  a  “  chops  anil  tom 
unstance  that  occurred.  I  nm  safe  in  saying 

ly  statement  of  tho  events  connected  with  til 

inns  my  own  testimony  thereon. 

a,  I  desire  to  call  your  attention  to  tho  record! 

l’o  tho  fact  that  Mr.  Serrcll  was  tlio  solicitor  l 

over  which  the  dispute  as  to  title  was,  anil  in 

issue  is  complained  of.3’ 

iter  of  Mr.  Timelier,  a  copy  of  which  is  liorou 

i  to  tho  orders  he  gavo  mo,  and  his  roincmbra 

fit  nnd  its  filing  or  rather  non-filing. 


PATENT  JiAW  A  SPECIALTY. 

(Office  of  Coburn  if;  Thachcr.) 

1100  ^  N.  E.  cor.  Clark  *  namlolph  St., 

CnioAGO,  III.,  Jan.  15th,  18 
Major  55.  F.  Wilber,  ■ 

Patent  Office,  Washington,  1).  0. 

^I  have  been  so  very  busy  ns  well  ns  absent  talcing  tcstii 
a  part  of  this  week  that  your  loiters  liavo  remained  i 
severed.  In  answer  to  your  inquiries,  I  will  state  tlia 
recollection  is  that  I  received  in  the  ordinary  way  some 
liuiiiicatiou  from  Mr.  Sorrell  in  relation  to  Edison  s  applic 
but  l  do  not  rcmoinbcr  whether  it  was  a  telegram  or  a  i 
I  think  that  I  sent  for  you  immediately  in  relation  to  the 
and  told  you  that  prior  instructions  ns  to  holding  applici 
of  Edison  related  only  to  such  ns  were  clearly  within  tho 
sion  I  had  rccontly  made  upon  tho  question  ot  title. 

In  reply  you  stated  that  tho  application  referred  to  b 
Serroll  could  not  possibly  bo  brought  under  tlio  opointi 
that  decision,  ns  it  wns  for  different  subject  matters,  am 
filed  a  long  tiino  before  the  applications  designated  in 
decision,  and,  ns  1  recollect,  beforo  tho  date  of  Edison  s  a 
mont  to  Prescott ;  although  I  am  not  positive  as  to 
limiting  this  last  statement.  . 

In  regard  to  tlio  other  question  about  the  Phelps  pate 
identifying  certain  models,  my  recollection  is,  that  Mr.  Qu 
upon  his  representation  that  Mr.  Phelps  made  the  mod 
Edison,  obtained  permission  from  mo  to  inspect  said  n 
with  Mr.  Phelps,  and  afterwards  showed  mo  an  affidiiut 
by  tho  lattor,  identifying  cortnin  models,  as  those  nlluii 
as  being  in  his  hands,  in  tho  assignment  ot  Edison  to  I  n 
I  cannot  say  positively  whether  I  saw  tins  aflldai 
whether  Mr.  Qnimby  merely  told  mo  Phelps  had  niado  i 
that  he  proposed  to  lilo  it;  neither  do  I  remember  that 
left  with  mo;  if  it  wns,  I  sent  it  out  to  tho  chief,  ns  us 
such  cases,  to  bo  sent  to  tho  proper  room,  winch,  in  tins 

*  I  hnvo  an  impression,  liowovor,  that  Mr.  Quimby  told 
day  or  two  afterward,  or  at  least  within  a  very  short  thru 
ho  did  not  file  tho  affidavit  in  question,  ns  ho  found  that 


[Appendix  A.] 

•iter  from  Messrs.  Porter,  Lowery,  So 
Commissioner  of  Patent 

New  Your 

on.  .T.  M.  Tiuoiier, 

Commissioner  of  Patents, 

Washington,  I).  0. 

Sir:  Wo  liavo  tlio  honor  to  notify  yon 
.  Prescott,  that  case  No.  1U,  by  Thonui 
10  inventions  specially  referred  to  and 
icnt  between' said  Edison  and  Proscoti 
574,  and  therein  referred  to  and  le  I 
whereas  the  said  Edison  lias  also  inv 
monts  in  duiilox  telegraphs,  tlio  descri 
been  lodged  witli  George  M.  Phelps  for 
being  constructed,  it  is  hereby  ngreed 
'  are  included  in  this  present  agnomen 
'applications  for  patents  are  made  tlio 
1  in  aceordaneo  herewith,  and  that  the  i 
1  the  required  papers  therefor.”  Wo  are 
b  about  to  issuo  in  caso  No.  111. 

We  suppose  it  to  be  inenmbent  upon  1 
,-our  Honor  by  proper  proofs  of  tlio  ido: 
.vitli  tlioso  described  ns  above  quoted.  '1 
jo  entirely  different  from  that  liiiulo  on 
lore  you,  to  which  Mr.  Harrington  was  r 
Wo  nro  directed  by  Mr.  Prescott  to  nsl 
for  a  hearing,  at  which  ho  will  place  in  ( 
models,  descriptions  and  other  papers,  b; 
that  the  ngreomeut  aforesaid  applies  to  i 
and  other  cases,  to  wit,  No.  112  and  113, 
eats,  tlio  numbers  of.  which  will  bo  forv 
or  two,  the  same  as  it  covers  the  cases 
upon  tlio  hearing  referred  to. 

Wo  will  also  at  that  time,  if  you  bn 
subject,  present  our  viows  upon  tlio  qu< 
and  obligation  to  reccivo  such  proofs, 
issuing  tlio  propor  patents. 

Wo  respectfully  request  that  you  wi 


your  decision  to  issuo  tliom  jointly  to  Thomas  A.  Eiliso: 
George  li.  Prescott  ns  assignees  of  Thomas  A.  Edison. 

Mr,  E.  E.  Quimliy,  if  in  Washington,  will  call  upon  y 
belinlf  of  Mr.  Prescott  to  arrange  for  the  hearing. 

Yours,  very  respectfully, 

PORTER,  IiOtVREY,  SOREN  &  ST< 


Affidavit  of  G.  M.  Phelts,  Jr. 

County  anil  Stale  of  New  York,  ss. 

Geobqe  M.  Phelps,  Jr.,  being  duly  sworn,  says:  Tin 
ing  tho  summer  and  autumn  of  1871,  certain  models  of  i 
and  quadruples  telegraph  apparatus  were  constructi 
Messrs.  Edison  &  Prescott,  under  the  immediate  cogn 
and  supervision  of  tho  deponent,  as  assistant  to  liis 
G.  M.  Phelps ;  that  about  April  10th,  1875,  tho  do; 
visited  tho  Patent  Oflico  in  Washington,  in  company  wi 
B.  E.  Quiinby,  and  was  there  authorized  by  the  Cominii 
of  Patents,  with  tho  knowledge  of  Exnmincr  Wilber,  to 
ino  a  largo  number  of  models  on  illo  in  tho  oflico,  for  tl 
poso  of  identifying  tlioso  made,  as  above,  for  Messrs.  Edi 
Prescott;  that  lie  identified  two  models,  marked  Case's  1 
112  respectively,  as  two  of  the  models  made  under  his  si 
sion  for  Messrs.  Edison  &  Prescott,  and  that  on  tho  day 
ing  tho  examination  of  tho  models,  ho  executed  an  al 
embodying  tlio  identification  of  tho  models  of  Cases  l: 
112,  which  affidavit  ho  delivered  in  person  into  tho  1m 
Exaininor  Wilber. 

Geobqe  M.  PnELrs 


[Appendix  C.] 

Sioorn  Statement  of  Frank  L.  Pope. 

HEW  Yobic,  Feb.  23,  1870. 

o  Edward  H.  Knight,  Esq., 

Chairman  of  Committee. 

Sir :  X  respectfully  bog  lcavo  to  submit  tlio  following  detailed 
itcmcnt  respecting  certain  conversations  between  Mr.  Wilber 
d  myself,  in  rofcrcnco  to  quadruples  telegraphic  inventions, 
liich  I  have  pnt  in  tho  form  of  an  affidavit  and  duly  sworn  to: 
ate  of  New  York,  City  and  County  of  New  York,  ss. 

Frank  L.  Porn,  being  duly  sworn,  deposes  and  says  as  follows : 
The  first  conversation  upon  this  subject  took  place  on  1 10 
tcruoon  of  the  7th  of  April,  1875,  at  tho  office  of  my  attorney, 
:r.  Livingston,  So.  7  Warren,  sheet,  Now  York.  Wo  went 
lore  at  my  suggestion,  for  tho  purpose  of  consulting  with  Mi. 
ivingston,  in  regard  to  a  certain  claim  embraced  m  an  appll- 
ition  of  mine  then  before  tho  Office  for  tho  re-issuo  of  a  patent 
i  electric  railroad  signals,  which  claim,  Mr.  Wilbei,  as  Ex- 
minor,  had  objected  to  on  the  ground  that  tho  combination 
"aimed  was  a  double  or  analogous,  use  of  a  known  arrange^ 
.out,  while  I  contended  that  this  was  not  the  ^Winlo 
railing  for  Mr.  Livingston  in  liis  outer  room  (ho  being  i  t  t  o 
lomont  eitlior  engaged  in  his  private  room  oi  empo 
bsent,  I  do  not  now  recollect  which),  X  discussed  with  Mr. 
Vilbortho  matter  of  tho  patentability  of  tlio  d'spn ited .  o In i. 
ify  own  impression  is  strong,  although  of  this  I  ca mo  sp^k 
vithabsoluto  certainty,  that  tho  conversation  was  led  to  turn 


wtli  absoluto  certainty,  wmc  wlw  v  ol 

■poll  tho  subject  of  qundruplox  inventions,  in  C°"S®T,0I‘C0 ol 
dr.  Wilber  making  use  of  an  illustration  in  «PP«*  « 
u'gumout,  in  substnneo  as  follows:  Supposo  a  p  f 

‘bo  asked  for  a  quadruples  apparatus,  consisting  merely  pf 
‘Stark’s  old  inotliod  of  simultaneous  doublo 
“tho  same  direction,  combined  with'  Stoarus’s  duplex;  that 
“would  bo  a  enso  of  doublo  or  analogous  use,  and  not  a 
It  imtanlnlilA  cninhinatioii  ”  That  Mr.  Wilber  usod  this  argu¬ 
ment  to  mo  on  one  occasion,  I  am  certain.  It  is>.ll0^> 
possible  that  it  might  iiavo  boon  at  an  tQ 

ington,  subsequent  to  tho  ono  iu  Now  York  no.  .  \ 

In  the  course  of  a  general  conversation  upon  the  vofeupte 
matter  which  ensued,  Mr.  Wilber,  in  aMWOiito  a  question  o^ 


“  cover  tho  point  of  value  in  quadruples  tclogrnphy  »  (I  believe 
tlmt  was  tlio  precise  expression  lie  used),  was  ns.follows:  -.a 

“Tho  combination  of  a  receiving  instrument  operated  by 
“positivo  and  negative  currents,  irrespective  of  changes  of 
“  tension ;  a  receiving  instrument  operated  by  [changes  of] 

“  tension,  irrespective  of  polarity ;  means  of  reversing  tho  pm 
“  larity,  and  means  of  increasing  [and  decreasing]  the  tension.’) 

At  my  request  ho  again  repeated  this  formula.  1  do  not 
now  recollect  whether  or  not  I  told  him  that  I  wished  to  mako 
a  memorandum  of  it,  but  I  know  that  I  did  inuko  such  a  memo¬ 
randum  at  tho  moment,  using  for  that  purposo  tlio  back  of  a 
folded  pieco  of  paper  taken  at  random  from  my  pocket,  and 
which  happened  to  bo  a  sheet  on  which  Dr.  Nicholson  lmd 
drawn  for  mo  a  diagram  ol  Ins  quadruples,  at  my  own  ollico, 
No.  3S  Aresey  street,  only  a  few  hours  before.  I  do  not  recollect 
that  I  lead  this  memorandum  to  Mr.  AVilber,  or  that  1  called 
his  attention  either  to  tlio  memorandum  itsolf  or  to  tlio  fact 
of  my  having  mado  it ;  and  although  I  am  very  ccrtnin  that  it 
was  mado  in  his  presence,  it  is  quite  possible  that  lie  may  not 
have  noticed  what  I  was  doing.  I  am,  however,  positivo  that 
I  have  given  abovo  almost  tho  exact  words  of  Mr.  AVilber 
descriptive  of  tho  point  of  value  in  tlio  quudruplcx  inventions, 
and  that  no  mention  was  mado  of  tho  receiving  instruments  ' 


being  at  one  end  of  the  lin 
recollection  is  distinct  that 
part  of  tho  combination,  as 
noting  it  down,  thinking  tl 
mention  it. 

One  of  my  principal  rens 
remember  this  combination, 


and  tho  keys  at  tho  other.  My 
he  line  was  not  mentioned  as  a 
1  hesitated  lor  a  moment  when 
it  perhaps  it  would  be  well  to 


One  of  my  principal  reasons  for  taking  so  much  pains  to 
remember  this  combination,  was  that  I  .wished  to  see  if  it  writ 
embraced  in  any  wny  in  Nicholson’s  invention,  tho  originality 
ot  which  he  had  employed  mo  to  investigate,  and  of  which  lio 
had  that  very  morning  given  mo  a  drawing. 

Mr.  AVilber  must  bo  in  error  in  stating  that  I  said  to  him  on 
that  occasion  that  I  “hail  been  employed  by  tlio  AVostcrn 
“Union  to  oxnmiuo  as  an  export  tho  qundruplex  invention:” 
because,  as  a  matter  of  fact,  I  laid  up  to  that  timo  been  employed 
by  them  exclusively  on  other  matters  having  no  relation  lo 
patents  or  now  inventions  of  any  kind.'  At  tho  date  of  this  inter- 
view  I  had  not  the  slightest  knowledge  of  tho  contents  or  any 
of  Edison  s  applications,  or  of  tlio  naturo  of  any  of  his  duplex 
or  quadruplet  iuvoutlous.  I  bad,  however,  on  tho  previous 


battery -in  plncoot  a  rucostno  m  ones  >•>  »— . -  . -- 

as  a  qundruplex,  such  a  modified  arrangement  would  consti- 
a to  a  dillcroiit  combination  or  different  invention.  I  tlion 
iskeil  him  if  tho  claims  in  patent  102,033  would  not  bo  a  bar  to 
ho  issuo  of  a  patont-  in  case  01),  to  which  lie  replied  that  lio 
bought  it  ought  not  to  be.  X  also  called  his  attention  to  tlio 
expression,  “in  tho  same  direction,”  which  occurs  in  tho  l'1  fi¬ 
nable  of  patent  102,033,  in  reference  to  which  lio  said  that  it 
was  by  an  overeiglit  on  his  part  that  tho  patent  lmd  been 
illowod  to  issno  with  this  expression  in  it,  and  that  it  should 
iithur  have  been  struck  out,  or  tlio  method  of  using  tho  appa¬ 
ratus  for  doublo  transmission  in  tho  saino  direction  sot  out  am. 
described  in  tho  specification.  Do  furthermore  expressed  lie 
opinion  that  tho  expression  referred  to,  being  unsupported 
by  anything  in  tho  specification,  could  not  alter  tho  scope  of  tho 
claims.  No  reference  was  mado  by  .either  of  us  to  tho  previous 
conversation  iu  Now  York.  My  impression  is  that  it  was  at 


this  interview  of  May  17tli  tlmt  X  mentioned  for  tlio  first  time 
to  Mr.  Wilber  tlmt  I  wns  employed  by  tlio  Western  Union  Com. 
puny  on  tlio  qnndrnplox  mutter,  giving  him  tlmt  ns  my  reason 
for  calling  upon  him  to  discuss  tlio  propriety  of  tlio  Issue  of  caso 
IT  with  the  amended  claims.  I  made  a  minuto  of  tlio  conversa¬ 
tion  reported  abovo  within  an  hour  or  two  after  its  occurrence, 
while  it  wns  fresh  hi  my  memory,  mid  bcliovo  it  to  bo  substan¬ 
tially  correct.  Frank  L.  Pope. 

Subscribed  and  sworn  to  boforo  mo,  1 
this  23d  day  of  February,  1870,  J 
William  Arkoux, 

Notary  Public, 

City  and  County  of  New  Yorl;. 

[Appendix  D.] 

Corresjiondence  between  Geo.  B.  Prescott,  Lemuel  W.  Seu-  . 
reel  anti  Munn  &  Co. 

New  York,  February  Uh,  1870. 

L.  W.  Serrell,  Esq. 

Pear  Sir:  Please  lmvo  tlio  kindness  to  inform  mo  if  you 
acted  as  the  attorney  for  Edison  or  Harrington  in  tlio  applica¬ 
tion  known  ns  ease  1J,  for  which  Letters  Patent',  No.  102,033 
wore  issued  April  27th,  1875,  and  in  which  Messrs.  Munn  & 
Co.  were  originally  employed  as  attorneys. 

Yours  respectfully, 

Georoe  B.  Presoott. 

LEMUEL  W.  SERRELL’S 

AMERICAN  AND  FOREIGN  PATENTS. 

110  axd  131  Nassau  Stheet, 

(l*.  o.  liox  loan.) 

New  York,  Feb.  Uh,  1870. 

Geo.  B.  Prescott,  Esq. 

Dear  Sir :  In  reply  to  your  favor  of  this  dato  I  bog  to  say 
that  I  did  not  act  as  attorney  for  either  Edison  or  Unrrington 
in  connection  with  caso  “  H.”  No  action  was  tnkeu  by  mo 
in  that  enso  at  all,  except  in  sending  on  the  balance  of  fee 
after  the  application  had  been  allowed. 

Yours  truly, 

Lemuel'W.  Serrell, 

Per  Walker. 


New  York,  February  8th,  1870.  ’ 
Lemuel  W.  Serrell,  Esq. 

Dear  Sir:  I  am  in  receipt  of  your  favor  of  tlio  7th  hist.,  in 
which  you  state  that  you  did  not  act  ns  attorney  for  either 
Edison  or  Harrington  in  connection  with  caso  “  H,”  and  that 
no  action  was  tnkon  by  you  in  that  caso  at  all,  except  in  send¬ 
ing  ou  tlio  bnlanco  of  fee  after  the  application  had  been  allowed. 

Tlio  reason  why  I  imulo  the  inquiry,  to  which  you  luado  the 
abovo  roply,  was  bccauso  Mr.  Wilber  states  that  on  tlio  21th  of 
April,  1S75,  tho  Commissioner  told  him  that 11  lie  had  received 
a  telegram  from  Mr.  Sorrell  complaining  of  my  (Wilber’s)  delay 
in  not  sending  forward  caso  H,  which  had  been  proporly 
amended  some  weeks  boforo.” 

Will  you  kindly  inform  mo  whether  you  sout  to  tho  Commis¬ 
sioner,  or  any  otlior  official  at  tho  Patent  Office,  a  tolcgram  or 
letter,  or  any  other  communication  on  tho  dato  mentioned,  or 
previously,  complaining  of  Mr.  Wilber’s  delay  in  not  sending 
forward  caso  H,  or  alluding  in  any  manner  to  case  H  ? 

Yours  truly, 

Geo.  B.  Prescott. 


LEMUEL  W.  SERRELL’S 
OlHcca  lor  Procuring 

AMERICAN  AND  FOREIGN  PATENTS. 

139  ash  121  Nassau  Stsect, 

(P.  O.  Box  4089.)  Kew  yomC)  Feb.  8th,  1870. 

Geo.  B.  Prescott,  Esq. 

Dear  Sir:  In  reply  to  your  favor  of  this  date,  I  state  tlmt 
under  dato  of  April  2-1, 1875,  tlio  following  telegram  was  sent 
from  my  offleo  at  request  of  Edison. 

“  Please  advise  mo  condition  of  case  H  o  T.  A.  Edi*>. ,  hod 
“April  sovcnty-tlircc,  and  amended  by  lnmsoli.  It trendy, 
“please  issue  immediately  and  charge  my  account  foi  final 
“fee,”  to  which  tho  reply  came,  “ Edison’s  case i  m  next  issue. 
“  Chandler  has  paid  final  fee.  Grhinoll,  Chief  Olork.. 

I  presume  this  will  give  tho  exact  information  desired,  ns 
comprises  iny  action  and  knowledge. 

Yours  truly, 

Lemuel  W.  Serrell. 


New  York,  February  Will,  1870 
Lemuel  W.  Serrell,  Esq. 

Dear  Sir :  Will  you  please  inform  mo  to  whom  tho  tclegn 
of  April  i,  1875,  containing  tho  following  words — “Plensoi 
“  v*so  nio  condition  of  Cuso  II.  ol  T.  A.  Edison,  filed  Ap 
“’seventy  three,  and  amended  by  himself.  If  rondy,  plci 
“issue  immediately  and  charge  my  account  for  final  i'co” — v 
addressed.  Also  by  whom  it  was  signed. 

Yours  truly, 

George  B.  Prescott 


Lemuel  w.  surrell’s 

Onicos  tor  Procuring 

AMERICAN  AND  FOREIGN  PATENTS. 

119  and  120  Nassau  Strekt, 

(P.  0.  Box  4089.) 

New  Yoitic,  February  lath,  1S70 

Geo.  B.  Prescott,  Esq. 

Dear  Sir :  Tho  telegram  concerning  which  yoiu-  letter  of'tl 
date  inquires,  was  directed  to  Commissioner  of  Patents  nml 
went  over  my  name. 

Tho  copy  of  this  telegram  in  my  olllco  is'  on  a  Franklin  ( 
blank.  I  cannot  tell  from  memory  whether  or  not  it  was  sign 
by  mo;  but,  as  I  was  not  in  town  that  date,  my  impression 
that  1  learned  of  wlmt  had  been  done  when  I  came  to  town  t 
following  Monday. 

Yours  truly, 

Lemuel  W.  Sebhell. 

New  Yoiuc,  February  8th,  187(1. 

Messrs.  Munn  &  Co. 

Ocntlemn:  Will  you  kindly  inform  mo  whether  patont  1 
102, M3,  dated  April  27th,  1870,  was  issued  through  your  fir 
31-  whether  yonr  power  of  attorney  had  been  revolted  by  1 
Edison  previously;  and  If  so,  at  what  timo  1 
’  Yours  tally, 

Geohoe  B.  Prescott. 


Office  of  tee  “  Scientific  American.”  ) 
.Patent  Office  Department,  [ 

■  No.  37  Park  Bow,  ) 

New  York,  February  nth,  1870. 
Mr.  George  B.  Prescott. 

Dear  Sir:  In  answer  to  your  enquiry  of  the  Stli  inst.,  wo 
would  state  that  our  power  of  attorney  in  tho  matter  of  the  ap¬ 
plication  upon  which  patent  No.  102,033,  dated  April  27,  1875, 
was  issued  was  never  revoked;  but.  the  specification  in  said 
patent  was  a  substitute  specification,  lllud  by  Mr.  Edison  over 
his  own  signature,  March  IS,  1875,  without  our  agency  or 
knowledge. 

Respectfully  yours, 

Munn  &  Co. 

Appendix  E. 

Appeal  of  Qeorge  Harrington  to  tho  Hon.- Secretary  of  tho  Interior. 

Washington,  D.  O.,  March  20th,  1875. 
To  tho  Honorable,  the  Secretary  of  the  Interior : 

;.  The  petition  of  George  Harrington  respectfully  represents 
that  ho  claims  to  have  certain  patents  now  understood  to  bo 
ready  to  bo  issued,  issued  to  himself  and  Thomas  A.  Edison, 
tho  inventor  of  the  improvement  proposed  to  bo  patented,  in 
the  proportion  of  tlicir  respective  interests  therein,  under  cer¬ 
tain  assignments  of  record  in  tho  Patent  Oilice,  and  that  a  cer¬ 
tain  Gcorgo  B.  Prescott  also  claims  to  have  tho  said  letters 
pntent  issued  to  himself  and  the  said  Thomas  A.  Edison,  by 
virtuo  of  an  assignment  from  the  said  Edison  to  the  said  Pres¬ 
cott,  nlso-of  record.  That  the  decision  of.tlio  Commissioner  ot 
Patents  has  been  rendered  directing  tho  issue  to  the  said  Pres¬ 
cott  arid  Edison,  which  your  petitioner  respectfully  insists  would 
ho  coutrnry  to  equity  and  in  violation  of  the  spirit  of  the  law 
in  such  cases  made  and  provided.  And  your  petitioner  lurihcr 
states  that  he  is  prepared,  should  timo  be  allowed  him  for  the 
purpose,  so  to  present  his  claim  as  to  prevent  wlmt  lie  respect¬ 
fully  insists  would  bo  doing  a  great  wrong  in  tho  promises;  nml 
forasmuch  ns  your  orator  is  advised  that  under  tho  Act  of  Con- 
gress  in  this  connection,  tho  Commissioner  of  Patents  is,  in  tho 
oxorciso  of  .bis  notvor.  ns  such,  subiect  to  the  direction  ol'  the 


idcring  now  the  various  statements 
,  (t)  made  ns  proof  of  tlio  identity, 
mcs  clash.  Tfor  instance,  Prescott  e 
s  of  changing  tlio  tension  shown 
ibed  in  tlio  specillcntions  of  the  pat< 
>n  of  a  currant  is  dependent  upon 
nee  of  tlio  liuttcry,  and  can  only  lio 
r  diminishing  the  number  of  cells  n 
.•e,  as  his  “only”  means  of  changing 
nd  not  in  IT,  ho  argues  that  tlio  cln 
Dnstnied  by  the  speciflcntion  of  9!) 
i  samor  'l'liia  lino  of  argiiuioiit  Mr. 
ivovor,  denying  in  oflect  that  tliere  i 
dishing  tliis  result,  saying,  “  tli 
gth  of  tlio  current  may  bo  prodnei 
creasing  and  decreasing  tlio  strengt 


tt  realized  tlio  t 
,  So,  to  give  tin 
{?oos  on  to' say, 
bilitv  of  sending 


Iii  case  H,  u  substantially  as  ami  for  tno 
».  i  a.' arranged  to  solid  two  in  opposite  direct i 
s  no  proof  •  whatever  - 'of  this  alleged  conncctioi 
;  in  fact,  every  reason,  ns  shown,  to  believe  tie 
licit  connection.  If  they  were  the  same,  how  c 
s  avoid  the  danger  of  raising  a  suspicion  of  th 
»e  successor  of  II,  and  was  intended  to  cnilmi 
nils  the  41  fundamental  principle,”  liow  carer 
ship  was  concealed,  and  how  skilfully  the  clan 
>  that  “ fundamental  principle”  ub  applied  to  s 
in  one  dircction.(tt)  It  will  bo  noticed  that  no 
ted  in  IK)  which  could  be  rejected  on  cnso  H. 
loth  series  of  applications,  and  could  lind  no 
ing  any  claims  in  90  on  case  II,  though  I  did  ti 
jeet  several  of  the  series  91  to  100  on  somo  of  tl 
'  Attention  is  specially  called  to  this  distinct 
e  two  cases,  that  their  claims  arc  entirely  disti 
iiiv  inventor  having  the  two  applications  pcndi 


of  tllOIII.  .  ; 

ovimi  admitting  tlio  statements  nmilu  ljy 
>f  “  fundnmcntql  principle,”  tliat.tlio  allow- 
itillable,  bntwns  tlio  tiling  indicated  to  lio 
■instances,  by  tlio  law  ami  facts,  anil  Unit 

i  caso.ll,  it  will  bo  seen  that  nmlcr  no  cir- 
idor  tlio  speeilio  grounds  of  the  charges, 
more  general  grounds,  arc  my  actions  oil 

charges  iii  relation  ,lo  caso  111 ,.  it  is  neees-, 
i  sliould  bo  proved—  ,  , 
wrs  tiled  in, this  oflieo,  showing  that  lit 
Mentions  in.  which  an  intorcsl  was  trails- 


irovcn,  no  action  of  niino  was  wrong, 
ipccillcally,  identified  in  the  Kilison  and 
it  could  only,  be , brought,  under  tlio  oporri- 
tyovidonco  that'  it  .was'  pile  of  the  cases 
f  which  ,  tlio  papers  were  in'  the  liniiilsof 
niiiifnctiiro  of  models. 
ilies  that  ho  examined  tlio  models  in  tliis 
models  of  111  and  112  as  tlio  models  of 
ml  that  lie  made  an  aflldhvit  to  that  fact, 

i  paper  of  no  common  importance.  It  was 
i  certain  rights  alleged  to  belong  to  Mr. 
go  the  otllee  with  a  knowledge  thereof  to 
To  .legally  do. this,  its  regular  tiling  in  and 
eo  were  necessary ;  it  must  in  these  cases, 
o-olllco.  records,  just  as  testimony  ninny 
lines  part  of  tlio  record.  Yet  with  all,  this 
;  to  the  paper  itself,  and  equally,  pith,' its 
tnteinent  tlmt  ho, handed  it  toiuo.is  all  the 
tiling.,  If  it  had  been  handed,  to  mo  I 
;  iii  ouo  of  tlio, (lies, concerned,  nnd  put  iu 
i-roferoneo  thereto.  It  is  not  in  either  of 

uUiisHoii  iii  regular  connio, 'about  llio  20th  of  May, 
of  Mil  Wltbor’a  oitmlnibto  inipurtbility  tor  tlio  ‘Brat 
to  .lt  In  any  doenniotit  rolalliig  to'  tlila  conlrovorey 
i  tlio  Commlsalonar,  upon  tlio  meaning  of  “  rnnt  lclo- 

"  of'niiy  klmll  still  loss  an  "ofllclnl  'notice.” In  point 
Dither,  by  Mr.  Prescott  or  tils'  ooiin'sol  until  It  mndo  iii 
i  of  tho  eoimsol  for  Kdison  anil  Harrington,  after  tho 


i  Mr.  Qnimby  says  that  within  a  fow  days  the; 
after  lie  received  it  from  tlio  Commissioner.  'To  hnrmoni 
Phelps  and  Qnimby  then,  .there  shouh il  h '«  uvitl lence  t that >  . 
Pnin  mission  or  received  it  "from  me.  to  there  any  butn  o 
dunce  1  No,  on  tlio  other  hand,  the  Commissioner  testifies  th 
he  does  not  remember  to  have  ever  had  the  paper  at  a  1 
oitteo  rnlcs  forbid  tlio  return  of  papers  tiled.  [s  it  h U  ) 
then  would  have  returned  so  important  a  paper  to  tlio  paitii 
csneciallv  preserving  no  record  ot  it  in  the  oilleoi  ^  hat  dr 
1,0  himself  say  on  this  point?  That  if  it  hml  been  handed  h> 
lie  would  lmvo  sent  it  to  tlio  Oliief  Clerk  ns  usual,”  to  ho  sc 
to  the  in  oner  1*00111.  So,  if  it  had  been  in  tlio  possession  o  t 
officer  from  *  whoni  Mr!  Q.iimby  reived  it  it  would  In, 
reached  me,  and  bo  now  in  the  Hie ol  eithoi  111  oi  . 

Hut  where  is  it!  Mr.  Qnimby  says  tin  gave  it, .witho 
mners  to  Messrs.  rortcr,  Lowrcy,  Sorcn  &  Stone,  in  u  no.se  p 
Son’”  it  still  roniniiis.  Thus  is  shown  the  oxtrcnio  impr 
ability  of  that  allidavit  having  ever  been  tiled  in  this  ,n 
Tlint  improbability  is  rendered  greater  by  o cr facts. -  U o 
i>iIPl, n  i-ho  testillcil  here,  and  who  nuido  tho  nllhlnv  it,  is 
the  M  r.  Phelps  tilluded  to  in  the  Kdison  &  Prescott  nssigiimt 
hut  the  son  thereof.  Then  the  affidavit  lie  made  s  onlj  sec  ^ 
ary  evidence,  mid*  legally  not  good,  the  nbsentes 
deuce  of  (he  Phelps  •  referred  to  in  the  nssif 
niiiiccuniitcd  foi*.  Mr.  Timelier  says,  1  lui  1 

“however,  that  Mr.  Qnimby  told  »  dnj  nr_t  o  It 
“  atlcnstwithin  iv  very  short  tunc,  Hint  ho  dul  not  flic >“ 

“  dnivlt  in  question,'  ns  lie  found  it  was  not  tho  JJ1-  J  1  “IJ.j  ■ 
“was  with  him  who  mndo  tho  models,  n  ^ 

“ either  rntlior  or  son,  l  do  not  remember  which- 
these  circumstances  together,  and  they  o  emlj  hIiow  t 
young  Mr.  Phelps  is  mistaken,  that  Hie  aniilniit  mi  s  t  i 
tiled  in  this  oflice,  and  tlioy  show  why  it  w ns  not  llh'  h 
and  why  it  is  in  possession  of  a  law  Arm  ml he» York  Utj 
did,  however,  receive  information  from  some  out ,  j  ‘  ' 
either  Mr.  Plielps  or  Mr.  Qiiimby,  that  112  and  118  had  bce1 
would  bo  properly  identified.  I  theicupoiisuapemjed  ^ 
cases;  and  have  retained  them, :  This  was  not  done lognH 
iii'  itiirsmiiicb'of  liny  "ini  thorlty  any  where  jn  Mio-ofljcei  “>i  tl 
in  lint  tn  Hits  ilav  so  far  nsl  cau  nseertmn,'  any  papeis  oi 
dimed  Med  in  tins  office  which,  would  warrant  the  ollleo  hj  i 
nig  those  eases  to  Kdison  nml  Pie  cott  jointly  Koi 
which  any  eoiu  t  would  regard  for  a  iiiouiei  t  f  tho  oases 
brought  before  such  court,  the  only  reason  lor  t  o  non  issm 
being  tlio  question  of  title,  lho  siispens  on  hns 
cfleetivo  only  through  tho  concurrence  the  rein.  ol  I  o  at  m 
prosecuting  the  ernes.  It  shows,  however,  that  I  v ins  dispc 
so  far  as  I  could,  to  proservo  any  equitable  lights  of  Mi.  i 
colt’s  when  informed  of  them.  .  ..  .  ,0  ' 

The  intrinsic  evidence  of  the  three  cases,  11  ,  1U 
'  in  support  of  my  actions  and  liupressious  is  veij  8  fc* 


It  will  bo  noticed  tlmt  I  have  considered  these  charges  (in 
both  cases)  ns  though  it  woro  pari tof  iny  bus '!?»“  |o  oxnmhio 
into  questions  of  title,  to  see  that  thcra  wero  no  eimflictiiig 
Horn  torT.  A.  Edison.  Tlieso  woro  tlio  Edison  applications  Nos.  04,  00,  00,  01, 
.00,00  mid  100.  1  got  from  lilra  tlio  impression  that  tholo  would  lio  othors  lo 
compote  s  sorlcs,  Including  both  differential  nnd  bridge  'lundrnploxos. 

On  January  SCtli,  1815,  Mr.  Sorroll  lllod  case  No.  Ulj  nnothor  one  of  tho 
. “sorics "  which  Mr.  Wilbor  liiul  got  "tho  Impression »  would  ho  completed  by 
tho  addition  ot  other  applications  for  similar  inventions,  “  including  both  dit- 
"forontlnl  nnd  hri-lgo  ipiadruploscs."  Acting  subsequently  upon  Hint  Im. 
"proBslon,"  Mr.  Wilbor  very  properly  sent  cuso  No.  Ill  to  tho  commissioner 
with  the  rest  ot  tlio  Horios  to  which  It  belonged.  '  .  ,  . 

On  January  29,  1870,'  Mr.  Wilbor,  in' bin  report  to  tho  Commissioner.  says: 
•|  Tho  assignment  to  Mr.  Prescott,  which  bus  been  endorsed  upon  tlio  tiles  of  cer¬ 
tain  or  these  ennos  (nil  excepting  No.  112)' won  raudo  August  10, 1811. '  In  enu- 
morallng  these  cnscs,  nt  the  head  ot  his  report,’  Wilber  omits  to  mention  cnscs  J  l 
nud  111,  although  lie  woll  know  Hint  tlio  nsslgnincnt  to  Prescott  covered  them  ns 
well  ns  tlio  others'  i  -  .  .  .  . 

Messrs.  Porter,  I-owroy,  Soron  ,t  Stone,  counsel  tor  Mr.  Prescott,  in  a 
tho  Commissioner  dated  March  20th,  1816  (cute  Appendix  A),  expressly  not, lied 
him  that  enso  111,  among  others,  wns  for  an  application  in  which  Mr.  1 Iroscott 
claimed  ea  Interest,  under  tho 

in  support  of  his  ctalm' might  bo  brought  forward,  nnd  roptesihig  that  tho  said 


interests;  in  fact,  tlmt  tins  question  of  title  wero  one  coining 
within  my  jurisdiction.  I  have  been- perfectly  willing  toilo 
this,  tlio  actions  in  tiio  eases  being  so  correct.  The  fact,  how- 

torost  was  convoyed  to  mo  liy  llm  assignment  ot  Thomas  A.  Edison,  ilntml  Aog. 
10th,  1874,  and  recorded  Aug.  20th,  1874,  Libor  It.  18,  ]i.  02,  Transfers  ot  Patents; 
together  with  a  digest  ot  tho  subject-matter  contained  in  certain  applications  for 

In  which,  by  virtue  of  tho  terms  of  said  assignment,  I  linro  also  on  interest. 


S  it  still,  nml  mny  (lo  wlint  .  bo.  pleases  with  it, .oven  though 
name  is  not  printed  thoroon.(33) 

i  conclusion,  1  tlosiro  tosolmimly  stnto  that,  in  my  nctions 
Imsc  mutters,  mid  in  other  complicated  matters  with  which 
ivo  had  to  deal,  I  liuvo  endeavored  to  not  fairly  mid  without 
ion al  bins  or  favor;  that  it  1ms  been  to  mo  personally  a 
ter  of  indilVereiico  which.  should  como  out  abend  in  tho 
tie  Fight.''  In  none  of  injunctions  on  the  cases  involved 
not  involved  in  that  contest  have  1  paid  the  slightest 
ml  to  tho  question  of  wlmt.  interests  would  he  bonelitcd  or 
red.  I  have  endeavored,  to  •iimiiitnin  friendly  relations 
i  both  sidos  and  to  entertain  no  hostility  to  either.  1  eer¬ 
ily  have  never  been  hostilo  to .  the1  interests  wliieli  it  is  now 
med  were  injured  by  tho  issue  of  these: patents. ....  If, I  hurt, 
a  I  certainly  should  not  have  so  readily  recoin  mended  tho 
dps  extensions,  or  granted  re-issues :  of  the.  Phelps,  tho 
ito  and  ltmidnll,  the  Stearns,  and  other  patents, all  of  which 
new  belonged  to  tho  Western  Union,  or  to  organizations 
trolled  in  fact  by  it,  and  which  re-issues  were  designed  in 
ry  instance  to  injure  tho  interests  of  people  I  wns  person- 


not  taken  such  things  into  a 
what  is  tho  right  thing  to  bo 
If,  in  tho  issue  or  theso  cn 
iii  liny  wny,  I  protest  it  has 
mine,  or  of  tho  Patent  Oil! 
such  injury  elsowhor?. 

Rcspeetfnll 


mentioned  re-issues.  In  fool,  furtli 
llio  abovo  mentioned  extensions;  ro 
li  the  Western  tbium,  or  lo  organ! 
re-issues  were  designed  in  every  inafu 
mu  personally  on  <jood  terms  with." 


ret  would  scoin  to  Indicnlo  Hint  ho  thought  tho  tillo  to  properly  in  homes  wns 
Si  by  tho  nnmc  or  Mimes  tho  grantor  lmd  inserted  ot  tho  head  of  llio  dcscrip- 
mid  ivritlon  in  tho  body  ot  tlio  cortlllc.Ho  of  llio  grant.  It  eerloinly  cannot 

ml  of  Ids  property  which  can  linvo  no  bash  other  than  nucli  li  holiof.  Tho 
bs  printed  there  sottlo  noquosllou  of  title.  If  tho  complainant  has  liy  law  any 
i,  tillo,  or  interest  In  tho  horse,  no  net  of  tho  defendant  can  iltvest  him  of  such 

id  in  tho  dood  of  conveyance  of  tho  liorao.  Tho  courts  stand  ready  to  protect 
anil  his  rights  iviil  bo  protected  by  thorn  as  fully  and  comploloty  ns  though 

I.— Tito  Commissioner  not  ouly  decided  Hint  llio  offleo  must  tnko  tho  legal  rcc- 
but  that  tho  legal  record  showed  that  the  inventions  bolongcd  to  Edison  anil 
icolt,  as  will  bo  soon  by  tliu  following  oxiract  front  tho  Commissioner's  decision  t 

ecutcd  tho  assignment  to  Prescott,  and.  ho  nlono  had  liio  right  to* convoy  any 
th  nil  duo  formality  when,  in  187-1,  ho  convoyed  an  entire  half  interest  In  tho 

liovo,  with  ported  certainty  that  If  tho  necessary  formalities  have  been  -ob- 
rvctl,  the  Commissioner  must  necessarily  order  the  patents  to  issue  to  Edison  and 
■escolt"  Wilber,  In  Issillug  tho  patents  to  Edison  and  Harrington,  thus  not 


Indicate  a  whirr  knowledge  of  tologn 
Unit  his  profound  InvesUgntlons  into 
nature  of  Ills  ofHco  do  not  provont  1 
all  that  is  pnsslng  in  tho  groat  worli 

Mr.  Wilber's  statement,  so  cni| 
to  tho  interests  which  it  Is  now  els 
cuts"  (for  eases  Hand  lit  to  Edi 
have  so  readily  recommended  the  Phi 
the  Foote  and  llandoll,  the  Stearns  in 
or  omclal  power  according  to  -perst 

Tho  recipients  of  tho  above  uicnl 
be  congratulated  iqion  llio  feet  thill 
but  wo  reel  sure  that  Ihoy,  os  well  l 

Issue  of  parents  strictly  iu  accordiu: 
without  reganl  to  pcnroual  or  other 


'  I 


giefoM  the  ®0wnu5siouet  of  fateuts. 

IN  TUE  MATTER 

The  Application  of  George  B,  Prescott  ami  Thomas 
A.  Edison  for  Letters  Patent,  dated  Autjwtt  imu, 
1874 :  opposed  by  George  Harrington,  by  Petition 
dated  January  23d,  1875. 


Argument  for  Mr.  Prescott. 


-4-:  - 


Matter 


The  Application's  of  Thomas  A. 
Edison  and  George  B.  Prescott, 
of  August  lOtli,  1874,  for  Let¬ 
ters  Patent  to  Tliomns  A.  Edi¬ 
son  and  George  B.  Prescott; 
opposed  by  George  Harrington, 
by  petition  dated  January  28d, 
1876. 


TnE  records  of  tho  Patent  Office  material  to  bo 
sidored  are : 


1st  Agreement— George  Harrington  and  Thomas  A. 
Edison,  dated  April  4tb,  1871,  recorded  May  Oth,  1871, 
Libor  U  18,  p.  412,  Transfers  of  Patents. 

2d.  Assignment — Thomas  A.  Edison  lo  George 
B.  Prescott,  dated  August  10th,  1874,  rreorded 


-a 


August  20tli,  1874,  Libor  .It  18,  p.  62,  Transfers  of 
Patents. 

8(1.  Various  specifications  in  the  applications  of  Edi¬ 
son,  Nos.  0-1,  05,  fid,  07,  08,  00,  100  ami  112. 

4th.  Power  of  attorney. — Thomas  A.  Kilson,  to  Jay 
Gould,  dated  January  0th,  1875,  recorded 
1875. 

5th.  Petition  of'  Gcorgo  Harrington,  January  28d, 
1875,  and  letter  of  Thomas  A  Edison  of  the  same 

A  portion  of  these  records  arc  printed  ns  an  appen¬ 
dix  to  these  points. 

On  the  10th  of  August,  1704,  Edison  assigned  (by 
sprcinl  reference  to  die  numbers  of  the  applications) 
one  undivided  half  interest  in  iho  whole  or  each  or  the 
inventions  described  in  the  specifications  attached  to 
the  above-named  applications,  with  special  stipula¬ 
tions  that  the  letters  patent,  when  granted,  should 
belong  to  tin  in  jointly  ;  and  rrrpu  sling  and  authorizing 
tho  Commissioner  of  Patents  to  issue  the  patents  to 
Edison  and  Prercotl,  jointly,  as  assignees  of  Edison. 

In  consideration  of  this  assignment  Prescott  pnid 
and  expended  a  large  sum  of  money. 

At,  and  subsequent  to,  this  dale,  Prescott  and  Edison 
were  in  treaty  with  the  Western  Union  Telegraph 
Company  for  the  sale  of  these  inventions,  and  on  tho 
10th  of  December,  Edison  received  $6,000,  on  account 
of  iho  purchase  from  that  company,  although  tho  price 
line!  not  been  definitely  fixed. 

On  the  80th  of  December,  Edison  and  Prescott  pro¬ 
posed  a  sum  as  full  compensation,  which  was  subse¬ 
quently,  and  before  any  withdrawal  of  the  ofl'er,  accept¬ 
ed  by  tho  company.. 


After  this  acceptance  it  was  learned  that  Edison 
had,  in  breach  of  his  contract,  given  tho  power  of  at¬ 
torney  to  Jay  Gould;  still  later,  Mr.  Prescott  was 
made  aware  of  the  application  of  Harrington,  and,  for 
the  first  time,  of  the  pretence  that  tho  Harrington 
agreement  uovered  tlioso  inventions. 

Mr.  Prescott  is  advised  that  the  original  application 
and  request,  by  Edison  stand,  and  cannot  bo  revoked 
by  him,  being  based  upon  consideration  paid. 

Tho  attention  of  his  Honor,  the  Commissioner  of 
Patents,  is  asked  to  the  following  general  propositions, 
which  arc  discussed  more  at  length  in  the  following 
points: 

1.  The  legal  title  to  one-lmlf  interest  in  the  inventions 
in  question  is  in  M.  Prescott,  and  therefore  all  pre¬ 
sumptions  arc  in  his  favor,  and  tho  entire  burden  is 
upon  anyone  who  seeks  to  impeach  that  title. 

2.  Mr.  .lliiiTingUm  must  show,  beyond  doubt,  that 
the  paper  on  which  lie  relies  has  taken  legal  effect 
upon  those  inventions.  If  tiny  doubt  remains  the 
legal  title  must  stand,  with  nil  the  incidents  attending 
it,  or  arising  out  of  the  contract  with  Edison,  to  wit: 
that  tho  patent  shall  bo'ltold  by  them  (li.  &  P.)  jointly, 
and  not  be  dealt  with  by  either,  except  as  permitted 
by  tho  terms  on  which  Prescott  accepted  tho  assign¬ 
ment,  and  parted  with  consideration. 

8.  Tho  agreement  of  Harrington  and  Edison  is 
not  by  its  terms  an  assignment  of  any  such  inventions 
as  these;  that,  even  wero  it  broad  onough  by  its  terms, 
still  it  cannot  alToct  these  specific  inventions  ns  nn  assign¬ 
ment,  because  nt  tho  date  of  its  delivery  these  inventions 
dul  not  exist,  and  could  uot,  therefore,  bo  assigned. 

4'.  Tho  inventions  in  question  being  improve¬ 
ments  upon  a  method  of  transmitting  telegraphic 


messages  known  ns  the 11  Duplex/  do  not  come  within 
the  terms  of  that  agreement,  winch  relates  solely  to 
an  ontirely  different  subject,  viz.:  “automatic  or  fast 
telegraphy." 

6.  That  this  ollico  being  without  the  powers  and 
functions  requisite  to  deoidc  questions  of  conflicting 
equities,  the  proper,  prudent,  and  just  conrsc  for  the 
Commissioner  is  to  issue  patents  to  thoso  possessing 
the  legal  title,  to  wit:  Edison  and  Prescott,  leaving  such 
persons  ns  may  think  they  have  equities  to  seek  their 
romodies  in  a  court  of  competent  jurisdiction. 


ono  half,  of  tho  whole  intorest,  and  to  make  and 
perform  a  contract  to  hold  the  other  halt  himself 
The  alternative  is  that  he  then  intended  to  practice 
false  pretences  and  commit  a  fraud.  Wo  do  nol 
charge  this,  and  we  presume  he  will  not  assert  it, 
/:!b  vi  termini  his  conveyance  implies  an  assurance 
that  he  had  not  previously  convoyed  two-thirds  tc 
Harrington. 

These  clear  implications,  from  his  nets,  sup, 
ported  by  his  positivo  averment,  cannot  be  dis¬ 
placed  by  a  subsequent  declaration  of  an  undo 
R mill  ■•nrrniinnn-iiimiivssi.lll."  lliado  Ulldcr  circUIlV 


— Wbntevor  else  may  badoubtful,l\vo  things  are  certain, 
viz.  (1.)  That  when  Edison  delivered  tho  assign¬ 
ment  to  Prescott,  ho  intended  to  transfer,  nud  sup¬ 
posed  that  he  did  transfer,  one-half  the  entire  in¬ 
terest  in  tho  specific  inventions  described  in  affi¬ 
davits  Nos.  91, 95, 90, 97,  95,  99, 100  and  112,  now 
in  question,  nud  (2.)  That  lie  did  not,  at  that  time, 
understand  that  ho  had  previously  transferred 
any  intorest  in  thoso  inventions. 

Tho  assignment  to  Prescott  is  not  of  one-hall 
Edison’s  intorest,  but  of  11  ono  undivided  half-part 
of  11  the  right,  title  and  interest,  of  every  character, 
in,  to,  and  under,  and  connected  with  the  aforemen¬ 
tioned  inventions,  and  letters  patent  oi  i 

granted,"  and  it  “authorizes  and  requests  tho  Com¬ 
missioner  of  Patents  to  issue  tho  said  lcltors  pa- 
tout  to  Thomas  A.  Edison  and  George  B.  Pres¬ 
cott,"  as  assignees,  &o. 

Thus  it  is  made  clear  that,  notwithstanding  tho 
agreement  with  Harrington,  Edison  understood 
himself  to  bo  the  owner  of.  and  free  to  convav  tho 


II.— Wlion  tho  assignment  to  Prescott  was  made, 
nearly  Tour  years  after  the  date  or  Hint  to  Har- 
ringtou,  inventions  had  ken  made  and  completed, 
ami  wore  in  form  to  be  definitely  desoribod  and 
identified.  Tlio  inohonto  right  to  a  monopoly, 
whioli  tlio  iuvontor  then  for  tbo  first  time  nenuir- 


ed,  was  propel  ty  capable  of  being  the  subject  of 
bargain  and  sale,  and  the  words  used  in  the  assign¬ 
ment  to  Prescott  were  apt  words  to  effect,  and  did 
efl'eot  quoad  hoc  a  transfer  of  that  inchoate  right, 
“Tlio  itiacnmcr  of  o  new  mul  useful  invention  In  vratn]  by 

tlio  law  rcqilirPM,  mul  Fitrgcmhl  |(o.«h>hsciI  tills  Inelionto  right  at 
ilio  tlmo  of  tlio  nHHlgnmcnt.  Tho  discovery  lind  lieon  made,  anil 

tlio  Inngimgo  of  I  lio  assign  men  t  tlmt  it  wn»  intended  to  operate 
i«l»on  tho  jierfccl  legal  titto  wliich  Fitzgerald  tlicn  lind  a  lawful 

•uresis  which  lie  actually  possessed.  Tlio  assignment  requests 
tlio  party  lias  acquired  'an  inelionto  right  to  it,  and  tho  power  to 

meat  of  his  whole  Interest,  wholher  oxccutcri  before  or  after  tho 
patent  issued,  Is  equally  within  tho  provisions  of  tlio  Mi  of 

From  tli is  authority,  if  authority  was  needed,  It 
is  clear  that  two  things  only  aro  contemplated  by 
the  patent  laws  ns  subject  to  bargain  nnd  sale. 
— 1st,  Tlio  inchoate  right  to  obtain  a  patent  (wliich 
right  docs  not  exist  until  an  invention  or  dis¬ 
covery  lias  been  made  sufficiently  complotc  to  bo 
described),  and,  2d,  llie  letters  patent  them¬ 
selves.  It  also  appears  that  a  valid  assignment  of 
the  inelionto  right  transfers  the  right  in  tlio  patent 
ivlicn  obtained. 

What  right  touching  tlicso  inventions  did 
Edison  possess  at  tlio  dnlo  of  tlio  assignment  to 
Harrington  ?  The  right  to  m alee  these  inven- 
ions,  if  lie  could,  and  no  more.  Tlmt  being  tlio 
inly  right  lie  possessed,  ho  could  transfer  no 
itlicr  to  Harrington.  Ho  did  not,  therefore, 
rnnsfor  then  any  right  touching  them ;  nnd,  being 
till  possessed  of  all  the  rights  lie  ever  lmd  to 
hem,  on  August  19, 1874,  ho  transferred  an  inter- 
iBt  to  Prescott,  who  took  immediately  a  legal  title 


to  bo  ft  bnlf  owner  in  the  letters  potent,  wliou 

As  was  said  by  the  Supremo  Court,  in  Gay- 
lor  v.  Wilder,  “it  appears  by  the  language  of  tlie 
assignment  llmt  it  was  intended  to  operate  upon 
(lie  perfect  legal  title  which  Fitzgerald  (Edison) 
then  had  a  lawful  right  to  obtain,  ns  well  ns  upon 
the  imperfect  and  inchoate  interest  which  he  actual¬ 
ly  possessed.” 


r. — It  being  equally  indisputable  that  the  legal  right 
is  in  Prescott,  and  llmt  the  Patent  Oflicc  is  not 
equipped  to  exercise  equitable  jurisdiction,  or  to 
measure  conflicting  equities,  it  is  submitted  con¬ 
fidently  that  the  Commissioner  must  bo  guided  by 
tlinl  fundamental  principle  of  our  jurisprudence 
which  gives  possession  under  the  legal  title,  leav¬ 
ing  equitable  claimants  to  contest  their  rights  ns 
plaintiffs.  If  Harrington  1ms  any  interest,  of  which 
the  law  can  lake  notice,  his  proper  forum  is  in 
the  courts.  There  are  numerous  reasons  why 
prudence  anil  impartiality  require  that  the  patent 
should  bo  issued  to  Edison  and  Prescott,  in  whoso 
joint  custody  (in  view  of  their  contract  on  record, 
forbidding  either  to  licence  or  sell  without  the  con¬ 
sent  of  tho  other,  and  of  the  known  conflict  of  in¬ 
terest  between  them  which  prevents  any  clinnco 
of  collusion),  they  would  be  safely  held  to  an¬ 
swer  the  claims  of  Harrington  or  whoever  else 
may  bo  interested.  On  tho  contrary,  being  issued 
to  Edison  and  Harrington,  nr  to  Edison  alone, 
very  embarrassing  questions  might  arise  in  re¬ 
spect  to  licenses,  assignments  or  grants  clandes¬ 
tinely  made  by  them,  or  by  Mr.  Edison’s  attorney, 
Mr.  Jay  Gould,  These  considerations  will  bo 
discussed  more  fully  under  another  point. 


V- — So  far  wo  have,  for  argument’s  sake,  treated  the  as¬ 
signment  to  Harrington  as  if  it  might  bo  construed 
so  ns  to  have  reference  to  tho  inventions  in  question. 
Such  is  not  tho  fair  construction  of  that  instru¬ 
ment.  Tho  languago  nindo  uso  of  is  wholly  in¬ 
applicable  to  theso  inventions  cxcopt  by  violent 
perversion.  Moreover,  the  instrument  does  not 
purport  to  assign  future  improvements  upon  any¬ 
thing  oxccpt  what  is  there  numod  as  “Automatic 
Telegraphy  Mechanical  Printers." 

That  assigr.mcut  recites  (us  matter  of  fact)  that 
Edison  did  (at  somo  former  timo)  ngroo  to  invent 
and  construct  *  *  *  full  and  complete  sots  of 
instruments  and  machinery,  that  should  *  * 

develop  into  practical  uso  tho  Lillie,  or  other  sys¬ 
tem  of  automatic  or  fast  system  of  telegraphy, 
and  subsequently  to  iinprovo  and  perfect  such  in¬ 
struments  and  machinery  by  adding  thereto,  from 
time  to  time,  such  further  inventions  as  oxperionoo 
should  demand,  and  my  ability  as  nil  inventor  and 
electrician  might  suggest;  *  *  #  il10  said  in¬ 
vention  and  improvements  to  be  tho  joint  property 
of  said  Harrington  and  myself”  *  *  *  . 

Having  thus  recited  a  former  promise  to  make 
certain  inventions  (if  possible),  tho  instrument  pro¬ 
ceeds  to  deal  in  presenti  with  matters  then  in  ex¬ 
istence,  under  the  designation  of  “said  inven¬ 
tions,’’  os  follows : 

“Now,1  therefore,  bo  it  known  *  *  *  I,  Thomas 
A.  Edison,  do  *  *  *  hcroby  assign,  sot  over  and 
convey  to  him,  said  Harrington,  two-thirds,  in 
interest,  of  all  my  said  inventions,  including  therein 
all  my  inventions  of  mechanical  or  copying  printers, 
and  of  all  tho  patents  for  all  such  inventions  and 
printers,  whether  already  issued,  applied  for,  or 
to 'be  hereafter  appliod  for,  and  of  all  and  what¬ 
soever  of  my  inventions  and  improvements,  made 
or  to  bo  made,  that  are  or  may  he  applicable  to 
automatic  telegraphy  mechanical  printers."  ' 


This  is  the  substance  of  tlmt  part  of  the  paper 
licit  operates  ns  a  conveyance.  It  will  bo  seen 
at  its  lnngungo  is  appropriate  for  a  enso  in  which 
volitions  had  already  hem  made,  in  pursuance  of 
oh  a  prior  arrangement  us  is  described  in  the 
aitnl  elnuso ;  anil  its  lnngungo  is  npt  for  the 
ftnnt  conveyance  of  such  existing  inventions, 
ilh  the  addition  of  a  stipulation  to  convey,  in 
lure,  certain  other  specified  improvements,  to  wit : 
improvements  made  or  to  bo  made  that  are  or 
ay  be  applicable  to  automatic  telegraphy  me- 
innicnl  printers." 

Upon  this  paper,  ns  it  rends,  Ilnrrington  could 
at  justly  claim  from  lidisou  an  interest  in  any 
ivention  notcomplete  at  the  limbing  of  the  agree- 
iOnt,  except  inventions  relating  to  the  mechanical 
rimers  used  in  automatic  telegraphy.  It  will 
iso  bo  seen  that  the  whole  contract  is  limited  to 
tber  the  “  Little  "  system,  or  any  other  system  of 
ntomntic  or  fast  telegraphy ,  and  to  certain  printers 
seful  in  that  system  or  telegraphy ;  which  printers 
re  by  a  phrase  which  perfectly  distinguishes 
nem,  called  “Automatic  telegraphy  mechanical 
rimers.” 

It  is  understood  that  Harrington’s  clniiii  is  based 
olely  upon  a  rending,  or  rather  misreading,  of  these 
vords  :  “  Littlo's  system,  or  other  system  of  auto- 
natio  or  fast  telegraphy,"  which  distributes  them 
nto  tlirco  groups,  representing  three  different  sys- 
ems  (instead  of  one),  which  may  stand  and  be 
jpernted  independently  of  each  other,  namely : 

(1.)  The  Little  systom. 

(2.)  Automatic  systom. 

(8.)  Other  fast  systom. 

Those  terms  must  have  a  reasonable  construc¬ 
tion.  The  object  of  tho  construction  is  to  ascer¬ 
tain  the  meaning  of  the  parties  at  the  lime  they 
made  use  of  the  terms. 

In  1871  the  term  "Automatic  or  fast  telegraphy” 
had  already  taken  a  firm  hold  in  the  literature  of 


the  telegraph,  and  had  extended  into  common  ui 
but  at  that  timo  it  is  helioved  that  the  term  “  I 
plox"  was  ouliruly  unknown,  at  least  outaido 
the  Patent  Ollicc,  and  that  tho  term  11  Omul 


tem.  The  Morse  system,  aided  by  tlio  duplex  or 
qnadruplex  instruments,  is  a  “  fast  system”,  pro- 
oisoly  ns  a  railroad  train  running  at  a  uniform  rate 
of  speed  is  mado  faster  or  slower,  according  to  tlio 
number  of  cars  it  contains,  or  lire  number  of  pas¬ 
sengers  it  transports. 

If  tlio  Erio  canal  sliould  bo  widened  so  as  to 
accommodate  ten  boats  abreast  would  it  be  a 
faster  mode  of  travel  than  now  ?  Is  n  horse-race, 
in  which  ten  horses  run  the  course  together  in  ten 
minutes,  faster  than  a  race  over  the  snme  course 
which  is  run  by  another  and  fleeter  horse  in  two 
minutes? 

It  seems  that  counsel  ought  not  to  bo  called 
upon  to  discuss,  nor  required  to  occupy  the  atten¬ 
tion  of  the  Commissioner  with  tlio  hearing  of  ar¬ 
guments  upon,  n  point  so  palpable  as  this. 

The  following  extended  extracts  from  public 
journals  and  books  relating  to  “  fast "  telegraphy, 
and  tlio  various  forms  of  the  multiple  method,  as 
well  as  from  the  contracts  of  Harrington  himself, 
make  a  demonstration  as  utterly  conclusive  as  is 
possible  upoir  any  question,  that  the  term  “  fast 
telegraphy  ”  is  a"  synonym  for,  and  by  common 
acceptation  includes  and  is  limited  to,  “Automatic 
telegraphy."  'l'lio  term  “fast"  is  evidently  «  <?«• 
scriptive  epithet  intended,  hy  its  universal  asso¬ 
ciation  with  the  appropriate  scientific  lam  “ Auto¬ 
matic to  emphasize  what  its  friaids  consider  the 
distinctive  men t  of  the  Automatic  system. 

So  oxtonded  lias  been  this  use  of  tlio  worn 
“  fast,"  and  so  complclo  the  ncquicsccnoe  of  the 
newspapers  and  tlio  public,  that  if  it  were  a  case 
of  trade-mark,  under  the  common  law,  the  owners 


THE  AUTOMATIC  OK  EAST  SYSTEM. 


Bain’s  New  System. 

“  Aflor  the  holes  nro  made,  the  machine  will  transmit 
from  600  to  1,000  impressions  in  a  minute." 


Yol.  4  of  Henry  O’Reilly’s  Scrap  Book,  at  the  library 
of  the  New  York  Historical  Society,  contains  tlio 
accompanying  extract  from  the  Rochester  Daily 
American,  March  22,  1848. 

“Mr.  Bain  is  the  inventor  of  three  instruments,  all 
of  which  Mr.  O’Reilly  has  tlio  light  of  using  in  this 
country.  One  of  these,  the  “fast  instrument,"  is  capa¬ 
ble  of  transmitting  in  an  hour  a  communication  that 
would  fill  eight  or  ten  columns  of  an  ordinary  sized 
newspaper. 

Tlio  same  paper,  in  an  editorial  of  December  6, 1848, 
calls  it  “  Bain’s  rapid  telegraph,”  and  in  another  plaeo 
“  Bain’s  rapid  mode.” 


From  the  Abbo  Moigno’s  description  of  Bain’s  Auto¬ 
matic  Chemical  Telegraph.  Bulletin  de  la  Society 
d.' Encouragement  pour  V Industrie  Rationale,  May  8, 
1860,  p.  286*  The  Electro  Telegraph,  By  Lau¬ 
rence  Turnbull,  Philadelphia,  1868. 


rolls  itself  with  extreme  rapidity;  tho  plate,  drawn  by  a 
olock-liko  movement,  turns  also  with  great  quickness. 
At  45  seconds  the  1,200  letters  composing  this  page 
appear  very  neatly  drawn  on  the  disks  of  tho  chemical 
paper,  and  were  thus  faithfully  reproduced,  and  would 
have  gone  two  or  three  hundred  leagues  farther  with¬ 
out  any  difficulty.  ***** 

“  These  are  the  advantages  which  the  author  attrib- 
utes  to  Ids  system  of  electro  chemical  telegraph  :  1st. 
More  economy  and  simplicity  in  the  primitive  con¬ 
struction  ;  2d.  Mure  rapidity  in  the  transmission  of  the 
dispatches ;  a  single  wire  with  a  go.  d  insulator  can 
transmit  1,200  letters  a  minute,  or  twenty  letters  a 
second,  that  is,  ten  times  more  than  is  customary." 


From  The  lileclro-Magnetic  Teleyruph.  By  Laurence 
Turnbull:  Philadelphia,  1853,  page  Si). 

Bain’s  Electro-chemical  Telegraph.  *  *  * 

“Transmitted  through  groups  of  perforations,  forming 
signs,  which  are  recorded  at  the  receiving  station  by 
pulsations  of  the  clcctiie  current  acting  on  chemically 
prepared  paper  *  *  »  theieby  effecting 

the  transmission  of  a  communication  to  one  or  a  plurality 
of  distant  receiving  stations  with  far  greater  rapidity  than 
by  any  other  mode.” 


Bccords  of  the  Directors  of  the  American  Tolegrnph 
Company,  March  1,  1861. 

“  Humaston  Invention,  Col.  Leffems. 

"An  opposition  tolegrnph  lino  between  Boston  and 
"Washington  is  proposed  to  bo  put  up,  of  which  Col. 
M.  Lefferts  is  tho  head.  Ho  proposes  to  use  a  fast 
system,  an  improvement  on  tho  Bain  principle." 


16- 


From  The  JSlectrie  Telegraph.  By  Robert  Sabine: 
London,  1867,  p.  166. 

•  Wheatstone’s  Automatic  Telegraph  :  “  This  excellent 
method  is  said  to  combine  tho  advantages  of  a  five¬ 
fold  sjiecd  in  transmission,  with  a  considerably  grentcr 
security  for  correctness  and  legibility." 


From  The  Kleclric  Telegraph.  By  Robert  Sabine :  Lon¬ 
don,  1867,  p.  178. 

Bain’s  Chemical  Telegraph. 

“The  entire  message  (282  words)  was  written  in  full 
in  the  presence  of  the  committee,  each  word  being 
spelled  completely  and  without  abridgment,  in  fifty- 
two  seconds,  being  at  the  average  rate  of  five  words  and 
four-tenths  per  second  *  *  *  a  distance  of 

upwards  of  a  thousand  miles  at  the  rate  of  10,600  words 
per  hour." 


Automatic  Telegraphy.  By  Alex.  Bain.  The  Tele¬ 
grapher,  vol.  iv.,  p.  129,  Dec.  14,  1867. 

“  Automatic  telogrnphy  consists  of  methods  of  trans¬ 
mitting  and  receiving  previously  composed  messages 
between  distant  places  by  menus  of  self-acting  machin¬ 
ery,  in  connection  with  electric  currents,  and  where 
properly  carried  out,  it  is  distinguished  from  common 
telegraphy  by  the  great  celerity  with  which  messages  can  be 
sent  and  received,  ns  well  as  by  tho  great  accuracy  it 
insures  in  its  transmission  and  reception  of  intelli¬ 
gence. 


From  The  Telegrapher,  vol.  iv.,  p.  273,  April  18, 1868. 
Wheatstone’s  Automatic  Telegraph. 

“This  instrument  is  now  being  worked  with  much. 


success  1) y  tuo  Elcctrio  Telegraph  Company,  and  the 
rale  of  speed  attained  by  its  use  is  perfectly  marvelous 
The  messages  are  punched  out  upon  strips  of  paper, 
and  are  sent  with  a  rapidity  far  exceeding  the  manipu¬ 
lative  shill  of  the  most  experienced  operator.” 


From  The  Annual  Jieportof  the  Western  Union  Tele¬ 
graph  Company,  1860. 

“  Tho  patent  for  the  automatic  or  fast  system  is  owned 
by  the  Western  Union  Co.,  Ac.,  It c.” 


From  Ihe  telegrapher,  vol.  vi.,  p.  100,  February  5 
1870.  letter  of  D.  11.  Crttig. 

“  Mr.  little  and  friends  have  cheerfully  awarded  t< 
Bain  the  credit  of  boing  the  first  to  conceive  of  t 
"fust  ”  or  automatic  process  of  telegraphing ;  but  whilst 
Bain’s  process  was  ingenious  it  was  not  practical ;  ant 
the  difference  (which  Mr.  Westbrook  wishes  to  lmvt 
stated)  between  Bain  and  little  is  precisely  tho  same 
is  between  little  and  Westbrook,  to  wit :  little’s  Sys¬ 
tem  of  Automatic  Telegraphy  is  thoroughly  practical, 
nuch  more  correct  and  reliable,  ami  ten  it  tig 
imes  more  rapid  than  the  Morse  hand-key  system." 


From  The  Jleport  of  the  National  Telegraph  Company, 
18G9,  pp.  4  and  6. 

“Tho  little  automatic  or  fast  system."  *  * 

"  The  yiut  system."  9  9  “  This system  of  send¬ 
ing  messages  by  telegraph,  invented  by  George  little." 

“  A-  practical  system  of  ‘  fast  ’  or  1  automatic  tclo- 
graph,’  ”  page  8. 

“  Bonelli  (in  1804)  introduced  the  fust  system  of  auto¬ 
matic  telegraphy ,”  page  0. 

“ Bain-Ilumaston,  ‘machinery  for  fast  or  automatic 
telegraphy.’  ”  page  10. 


From  Professor  Morse's  Report.  Journal  of  the  Tele¬ 
graph,  vol.  iii.,  p.  87,  January  16,  1870. 

11  The  reason  why  automatic  telegraphy  has  not  been 
i  practical  success  is  not  duo  to  any  fnilure  to  transmit 
and  record  rapidly  and  accurately,  but  to  tho  want  of 
somo  rapid,  economical  mode  of  preparing  the  matter 
for  transmission.  It  is  in  this  direction  wo  nro  to  look 
Ibr  a  solution  of  the  problem.  Tho  other  part— that 
of  transmitting  and  recording  at  a  very  rapid  rate — has 
been  repeatedly  demonstrated." 


“  Now  York,  March  8,  1870. 

“  Dear  Sir— In  your  note  to  me,  of  tho  8d  instant, 
ou  apprise  me  that  Mr.  C.  Westbrook  lays  olnitn  to 
he  invention  of  the  use  of  the  indented  or  embossed 
inper  of  the  Morse  Jtcgistcr  for  rapid  automatic  trails- 
lissivn,  and  this  claim,  you  say,  you  denied  him  on 
'hat  seemed  to  you  ‘sufficient  data  to  support  the 
eninl.’  Your  request  for  ‘enlightenment  on  tho 
ibjcct  ’  I  cheerfully  comply  with,  since  it  will,  I  think, 
illy  sustain  you  in  your  position." 


rom  The  Telegrapher,  vol.  vi.,  p.  408,  August  18, 1870. 

Automatic  Telegraphy.  • 

“In  answer  to  several  recent  inquiries  relative  to 
ie  ‘fast  system  of  telegraphy,’  ol  which  so  much  was 
id  six  or  eight  months  ago  by  Mr.  D.  II.  Craig,  and 
Inch  lias  been  so  much  dcoried  by  parties  whoso  in- 


to  rests  its  success  would  jeopardize,  wo  arc  informed 
that  Mr.  Craig  and  his  associate  arc  still  sanguino  ol 
its  success.  Should  it  realize  one-half  of  the  advan¬ 
tages  claimed  it  cannot  fail  In  have  an  important  influ¬ 
ence  ill  the  future  of  scientific  and  practical  telegraphy 
everywhere." 


Extract  from  a  letter  by  IX  H.  Craig,  published  iu  the 
New  York  Herald,  August  20th,  1870,  under  title 
of  Automatic  nr  Fast  Telegraphy. 

“Tlie  interest  you  have  evinced  in  the  subject  ol 
automatic  telegraphy  leads  me  to  believo  that  you  and 
your  readers  will  he  gratified  to  learn  what  lias  been 
accomplished  during  the  last  six  or  eight  months  in 
the  development  of  the  Lillk  system  of  fast  telegraphy. 

“We  have  just  commenced  to  mnke  tests  of  the  elec¬ 
trical  condition  of  our  line  and  tho  capabilities. of-our 
mimnatitrmuchmery  for  ‘fast  telegraphy.'  'V .  ' !  'n. 


A  description  of  the  Wheatstone  Automatic  Telegraph, 
forwarded  by  Henry  Weaver,  Esq.,  of  London,  to 
the  Western  Union  Telegraph  Company,  contains 
the  accompanying. — 1870. 

“Sin  Ciiahi.es  WiiKATOTO.s-n’s  limn  Si-nun  Tkle- 


Moses  G.  Farmer  on  Automatic  Telogrnphy.— Sait 
American,  vol.  xxiii.,  p.  888,  Dee.  17th,  1870 
“In  order  to  nttiiiu  tho  exceptionally  high  rt 
speed  which  lias  been  experimentally  obtained  upo 
automatic  lino  recently  constructed  between  Now  ’ 
and  Washington,  *  *  *  why  not  employ  i 

kind  of  an  automatic  system  to  transmit  tho  mess 
and  employ  the  l’helps’,  House,  or  some  other  pri 
to  simply  copy  them  7  " 


Automatic  Telegraphy,  by  D.  If.  Craig.—  Seie 
American,  vol.  xxiv.,  No.  1,  p.  4,  January  1, 187 
“I  have  read  with  attention  the  speculations  of 
ressor  Fnrmcr  and  Mr.  Prescotl,  in  recent  numbe 
the  Scientific  American,  upon  the  subject  of  autor 
ir  fust'  telegraphy. 

“  Mr.  Prescott's  statement,  assented  to  by  Prof, 
nor,  that  ’  the  speed  of  automatic  transmission  v 
nverscly  ns  tho  squnro  of  the  length  of  tho  lin 
loubtlcss  good  ‘science,’  as  they  understand  it, 
iriowed  in  tho  light  of  our  cxpcrienco  it  is  arrant 
'enso,  as  all  our  tests  go  unerringly  to  prove  that, 
ho  Little  system  of  automatic  or  -fast'  telegraphy 
ongcr  the  oireuit  tho  better  the  work. 

“Tho  difficulty  with  Air.  Prescott,  and  all  i 
rnrties  who  have  strivon  so  vigorously  to  writo  d 
lutomntic  telegraphy,  is,  that  through  ignoranci 
lesign,  they  liavo  utterly  ignored  tho  important 
hat  Mr.  Little  uses  electricity,  under  entirely  diffc 
sonditioiis  from  what  it  was  ever  before  used  by 
icrson  who  bus  experimented  in  fast  telegraphy,  ni 
s  to  this  fact,  and  not  at  all  to  the  fact  that  wo  ha 
mperior  line,  llint  wo  trunsmit  and  record  correctly  1 
cords  per  minute,  or  00,000  words  per  hour,  over  a  > 


“The  Little  system  of  fast  telegaphy,  having  bcon 
satisfactorily  tested,  in  an  experimental  way,  is  now 
about  to  bo  placed  before  tho  public  of  Washington 
and  Now  York  and  intermediate  cities  for  tho  transac¬ 
tion  of  public  business,  and  it  is  not  doubted  by  any- 
0110  wiio  understands  the  principles  which  govern  tho 
new  system  that  it  is  destined  to  offeot  a  complete 
revolution  in  the  whole  telegraph  and  postal  business 
of  the  country.” 


Automatic  Telegraphy. — The  Whcatslono  and  Siemen's 
System. — The  Telegrapher,  vol.  vii.,  p.  899.— -Au¬ 
gust  6, 1871. 

“In  common  with  most  other  systems  of  automatic 
or  fust  speed  telegraphs,  Professor  Wheatstone  employs 
three  distinct  machines — the  perforator-  the  trans¬ 
mitter,  and  the  receptor.” 


h'roui  The  Mechanic's  Magazine.  Loudon,  December  80, 
1871 ;  vol.  xcv.,  No.  2,405,  page  510. 

“  Wheatstone's  Automatic  System. 

“  In  tho  ordinary  systoin  of  telegraphy,  on  the  most 
rapid  instruments  in  use,  tho  limit  of  speed  is  not  that 
of  tho  capability  of  tho  instrument  itself  to  transmit 
tho  signs  sont,  but  depends  solely  upon  tho  skill  of  tlm 
operator  in  rapidly  moving  tho  key  or  koys  used  to- 
transmit  tho  signals;  and  it  will  bo  evident  that  if  it 
is  required  to  send  a  greater  number  of  words  in  a 
given  timo  than  one  operator  is  cnpablo  of  sending,  wo 
must  increase  tho  numbor  of  operators — necessitating 
in  tho  ordinary  system  an  increased  numbor  of  wires 
and  instruments.  Tho  automatic  system,  by  making 
tho  formation  of  the  different  signs  independent  of 


their  transmission,  does  away,  within  eortnin  limits, 
with .tho  necessity  of  increasing  tho  number  of  wires 
and  instruments  along  with  tho  increase  of  tho  opera- 


From  The  Journal  of  the  Society  of  Telegraph  Engineers. 
London,  1872 ;  vol.  i.,  No.  1,  page  39.— March  18, 
mvo  1 


“Tho  following  paper  on  1  Automatic  Telogmphs 1 
was  read  by  Mr.  B.  S.  Ciillcy  : 

“  The  advantages  of  machine  ovor  hand  lubor  are  as 
apparent  in  telegraphy  as  in  any  other  mechanical  art, 
even  without  regarding  speed  for  signals  mechanically 
sent,  will  always  he  bettor  formed,  and  more  legible, 
than  tlioso  sont  by  the  key. 

“But  wo  are  able  to  show,  from  experience,  that 
besides  assuring  better  signals,  a  greatly  enhanced  sped 
can  be  attained  by  the  automatic  system." 


Wheatstone’s  Automatic  Tolegrapli  System. — Tela- 
graphic  Journal.  London,  December,  1872. 

“Automatic  instruments  have  bcon  devised  for  tele¬ 
graphy  for  the  same  reasons  as  have  influenced  tlm 
introduction  or  machinery,  vis.,  speed,  and,  xoilh  sgiced, 
accuracy." 


From  tho  lleporl  of  the  Postmaster  fioneral  for  1872 
p.  28. 

“Tho  introduction  of  the  duplex  transmitter,  doub¬ 
ling  tlio  capacity  of  lines  for  through  b  usincss,  and  of 
the  'fast'  or  •automatic'  system,  by  which  one  wire 
can  bo  inado  to  do  tlio  work  of  six.” 


•om  The  Report  of  the  Postmaster  General  for  1873. 
"Tub  Automatic  oit  Fast  S\sn  i  " 

Extract  from  circular  letter  of  D.  II.  Craig,  maim- 
sr  of  the  news  ilc|inrtmoiit  of  tlic  Automatic  Tele- 
•aph  Company,  dated  February,  1878:  After  more 
inn  three  years  of  patient  waiting  and  watching,  I  am 
last  able  to  announce  to  you  that  automatic  or  fast 
hjraphy  is  absolutely  finished  and  iu  practical  opera- 


Citations  fuom  Tki.kiiiiathic  Litekatuuk. 


THE  DUPLEX  Oil  MULTIPLE  SYSTEM.  . 


I'rom  The  Telegrapher,  vol.  iv.,  p.  268,  April  11,  1808. 
Edison’s  Double  Tiiansmhtkii. 

"By  means  of  this  ingenious  arrangement  two 
loiiumuiieulions  may  be  transmitted  in  opposite  dirco- 
ions  at  the  same  time  on  a  single  wire.” 


From  The  Telegrapher,  vol.  iv.,  p.  280,  May  2, 1808. 
The  Double  Tbansmission  System  of  Teleo bath¬ 
ing,  by  F.  L.  Pote. 

“  A  systom  of  telegraphing  which  should  admit  of 
the  transmission  of  communications  in  opposito  direc¬ 
tions  over  a  singlo  wire  at  the  same  time."  *  *  * 
“Soon  after  the  experiments  of  Gintl,  improved  sys¬ 
tems  of  double  transmissions  woro  invontod  by  Frischon 
and  Sicmons-Halsko." 


From  The  Telegrapher,  vol.  iv.,  p.  297,  May  9, 1868. 

“  An  improved  systom  of  double  transmission  was 
invonted  in  tho  year  1864  by  an  inspector  of  telegraphs 
in  Hanover,  named  Frisohen." 


Advertisement  in  The  Telegrapher,  vol.  v  p  129 
Dec.  12,  1868. 

EDISON'S 

DOUBLE  TRANSMITTER, 

The  most  Practical  Apparatus  of  its  kind  yet  invonted. 
Complete  Sets  (put  up  in  working  order), 
Price,  $4.00,  $4.60,  $5.00. 

For  further  information,  address 

THOMAS  A.  EDISON, 

Caro  Okas.  Williams,  Jr., 
Telegraph  Instrument  Maker, 
109  Court  street, 

Boston,  Mass. 


From  The  Telegrapher,  vol.  v.,  p.  272,  April  17,  1869. 

“  On  Tuesday  evening  last  a  new  double  transmitter, 
on  an  improved  plan,  invented  by  Mr.  T.  A.  Edison, 
was  tried  between  New  York.aml  Bochester." 


From  The  Telegrapher,  vol.  vi.,  p.  88,  Nov.  6, 1870. 

“  The  Bankers  &  Brokers’  Telegraph  Company  have 
equipped  one  of  their  wires  between  this  city  and 


21 

Philadelphia  with  Stearns’  apparatus  for  double  trans¬ 
mission,  enabling  the  operators  to  work  both  ways  at 
the  samo  time  on  one  wire.” 


From  The  Journal  of  (he  Telegraph,  vol.  v.,  p.  180, 
May  1,  1872. 

11  As  an  ovidcncc  of  tlic  value  of  Mr.  Stearns’  ma¬ 
chinery  for  the  transmission  of  messages  both  tvnys 
over  the  same  wire  at  tho  same  lime,  wo  givo  tlie  fol¬ 
lowing  *  *  * :  ” 

“Here  is  avast  advantage  gained.  No  automatic 
plan  approaches  it  in  positive  value.  It  is  the  most 
marked  ndvanco  yet  made  in  telegraphic  service,  for, 
though  it  docs  not  cpticken  the  process  of  transmission, 
it  practically  does  so  by  doubling  the  capacity  of  every 


From  The  Journal  of  (he  Telegraph,  vol.  v.,  p.  148, 
May  15,  1872. 

’The  Western  Union  Telegraph  Company  has  ae- 
quired  the  exclusive  ownership  of  the  patents  of 1SG8, 
of  Joseph  B.  Stearns,  of  Boston,  Mnss.,  for  instru¬ 
ments  by  which  telegraph  messages  are  transmitted  in 
opposite  directions  by  tho  use  of  a  single  wire." 


Editorial  Caption  Journal  of  the  Telegraph,  vol.  vi., 
p.  88,  January,  1878. 

“Successful  Experiments  with  the  Stearns’ 
Duplex  Working  a  2,000  Mile  Circuit. 


letter  from  C.  H.  Haskins,  in  London  Telegraphic  Jour¬ 
nal,  June  10, 1878. 

“  I  note  In  your  journal  of  the  16th  February,  in 
your  article  on ‘Duplex  Telegraphy,’ that  Mr.  Baggs 
was  tlio  first  to  add  the  condenser  to  tho  existing  appa¬ 
ratus.  I  had  supposed  myself  familiar  with  all  that 
had  been  made  public  in  Europe  or  in  this  uouutry  in 
double  transmission.  *  *  *  ” 

From  London  Telegraphic  Journal,  vol.  vi.,  p.  217. 

“  The  Stearns’  duplex  lias  been  used  for  several  years 
in  tho  United  Stnlcs.  *  *  * 

Like  all  double  transmission  systems  since  Gintl, 

Citations  showing  the  scope  and  meaning  attached 
to  the  expression,  “System  of  Automatic  or  Fast 
Telegraphy,”  and  tho  use  of  “automatic”  or  “fast," 
as  convertible  terms,  by  George  Harrington  and  by 
George  Little,  whoso  name  appears  in  tho  Edison 
assignment  to  Harrington,  ns  designating  the  system 
upon  which  tho  Edison  improvements,  which  form  the 
subjeot  of  that  assignment,  were  or  wore  to  be  based. 

Extract  from  ngreemont  botwcon  Harrington,  and  Little, 
made  Sept.  22, 1871: 

“Whereas,  George  Little,  of’ltullierford  Park,  Now 


From  The  Bcport  of  the  Postmaster  General  for  1872, 
pngo  28. 

“Tho  introduction  of  tho  duplex  transmitter,  doub¬ 
ling  tho  capacity  of  lines  for  through  busincsss,  and  of 
tho  1  fast  ’  or  '  automatic  ’  system,  by  which  ono  wire 
eau  be  made  to  do  the  work  of  six.” 


Jersey,  lies  invented  nnd  patonlcd  n  System  of  Auto¬ 
matic  on  Fast  Teleguapiiy. 

"And  whereas,  the  said  Qcorgo  Harrington  is  inter¬ 
ested  to  the  extent  or  nnc-tliird  in  certain  inventions 
and  patent  rights,  useful  in  mUomalie  telegraphy,  in- 
eluding  a  copying  printer  of  Thomas  A.  Edison,  of 
Newark',  New  Jersey. 

“  Now,  therefore,  *  *  *  so  far  as  such  inventions 
are  applied  by  said  company  to  automatic  telegraphy 
and  used,  lets.,  &c." 


om  Circular  of  George  Harrington,  President  of  the 
Automatic  Telegraph  Company,  New  York,  Jan. 


"The  President  of  the  Western  Union  Company 
having  set  forth  in  a  published  letter  *  *  * 

concerning  the  Automatic  or  fash system.  *  *  * 

"The  people  are  interested  only  in  knowing  whether 
the  capacity  and  economy  of  the  automatic  system 
are  to  enure  to  their  benefit."  *  *  * 


From  Letter  of  George  Little  to  Win.  Orton.— JV.; 

Telegrapher,  No.  438,  p.  269,  October  16,  187-J. 

To  Wit.  OltTON : 

“You  say  of  fast  telegraphy,  ‘this  is  a  favorite  des¬ 
ignation  given  by  its  friends  to  what  is  better  known 
ns  the  automatic  tyitcm.  Why  it  should  be  called 
‘fast’  I  have  never  been  able  to  comprehend.  I  will' 


“Little’s  Rapid  Automatic  Tblegiiapii  System.” 


The  general  literature  of  the  art  thus  disoloses  the 
difference  between  tho  automatic  nnd  the  duplox  sys¬ 
tems,  and  the  fact  that  the  facility  for  rapid  signaling 
afibrded  by  the  automatic  system  became  its  distinctive 
uharuutcnstiu  and  led  to  its  being  familiarly  calle.1  the 
“  fast  system.” 

Hence  the  uso  of  the  words  “  automatic  ’’  and  “  fust" 
ns  synonyms  by  Edison  and  Harrington  in  tlioir  agree¬ 
ment  of  August  -1,  1871,  nnd  the  like  use  of  similar 
terms  by  Harriiir'ton  and  Little  in  their  ngreemont  ol 
September  22,  1S71,  and  by  George  Little,  in  his  letter 
of  Oelolier  15,  1874,  to  William  Orton,  and  by  George 
Harrington,  in  his  circular  to  the  public  of  January 
2S,  1874,  is  proved  to  bu  the  only  uso  of  tlioso  words, 
in  connection  with  telegraphy,  which  is  justified 
by  and  in  keeping  with  common  and  long-continued 

That  the  “automatic  or  fast"systom  is  one  thing, 
an-l  tho  system  of  multiple  transmission  is  another 
thing,  is  illustrated  by  tho  fact  that  both  systems,  if 
desired,  may  be  used  together.  That  is  to  say',  sevoral 
messages  may  be  simultaneously  transmitted  by  tho 
simultaneous  operation  of  several  automatic  signaling 
macliinos,  thus  adding  tho  clomonl  of  "fast”  to  tho 
clement  of  multiplicity. 

Tho  wire  upon  which  the  electrical  ourrent  travols 
in  ono  direction,  nnd  tho  enrtli,  through  which  the  our-, 
rent  returns  to  its  starting  point,  may  bo  likonod  to  a 
double  track  railroad.  The  performance  of  a  given 


29 


amount  of  transport  sorvico  by  moans  of  a  train  run 
at  a  speed  of  fifty  miles  an  bour  would  be  properly  re¬ 
ferred  to  as  exhibiting  a  fast  system  of  railroading. 
But  the  same  volumo  of  sorvico  could  be  performed  by 
five  trains  of  like  capacity  running  at  the  rate  of  only 
ten  miles  an  hour.  To  call  the  latter  a  Inst  system  of 
railroading  would  be  obviously  absurd.  Nevertheless, 
the  fast  system  might  be  applied  to  the  five  trains  by 
giving  them  all  the  speed  of  fifty  miles  an  hour,  just  as 
the  fast  system  of  telegraphy  might  be  adopted  for  tlio 
simultaneous  transmission  of  several  messages  by  sub¬ 
stituting  automatic  or  mechanical  signaling  for  the 
hand-signaling  of  several  operators. 


V.— The  suggestion  of  issuing  pntcnLs  to  Edison 
alone  eannot  be  defended.  His  double-dealing  lias 
given  rise  to  tins  complication.  Neither  his  personal  1 
action,  nor  the  merits  of  Mr.  Jay  Gould,  his  attorney 
irrevocable,  appoar  to  point  them  out  as  persons 
specially  trustworthy  to  hold  title  for  others.  Mr. 
Prescott,  tlie  only  person  who  is,  without  dispute,  en¬ 
titled  to  some  slinro  in  the  monopoly,  should  not  bo 
oxcludcd  from  the  letters  patent,  and  bo  thus  put  to 
demand  another  assignment  to  restore  him  to  his 
rights.  In  Gaylor  vs.  Wilder,  the  Supremo  Court,  aficr 
holding  that  an  assignment  of  the  invention  before 
issue  of  letters  patent,  passed  a  legal  title  to  them 
upon  issue,  the  issue  having  been  improperly  made  to 
the  inventor,  instead  of  to  the  assignee,  said:  "We 
aro  the  less  disposed  to  give  it"  (tlie  assignment)  "any 
different  construction,  because  no  purpose  of  justice 
would  bo  answered  by  it,”  p.  408  j  and  further:  11  Kits- 
gerald  sets  up  no  olnim  against  tbo  assignment,  and  to 
require  another  would  he  mere  form,"  p.  494. 

In  this  ease  Edison  sots  up  no  olnim  against  the 
assignment  to  Prescott  It  is  Harrington  who  sets  up  . ! 


a  claim  adverse  to  us.  Edison’s  lottor  referring  to  his 
“misapprehension,"  and  his  futile  effort  to  withdraw 
a  request  (made  on  good  and  indefensible  considera¬ 
tion),  do  not  tend  to  impeach  the  assignment  as  be¬ 
tween  himself  and  Prescott.  Even  if  Harrington  is 
held  the  ownor  of  two  thirds,  the  assignment  is  still 
good  to  take  from  Edison  all  the  interest  he  has  re- 
mummy.  That  Prescott  is  the  ouly  person  who  is, 
without  dispute,  the  owner  of  some  interest  in  tlie 
patents  to  be  issued  will  appear  by  considering,  as  is 
done  below,  the  state  of  each  claimant’s  titlo : 

1st.  As  to  Harrington.  Prescott  disputes  the  as¬ 
serted  effect  of  tlie  Edison  assignment  to 
Harrington  of  two-thirds,  and  tlio  decision  of 
the  Commissioner,  or  of  a  court,  may  declare 
Harrington  to  bo  totally  without  interest. 

2d.  As  to  Edison.  Edison  professed  to  havo  as¬ 
signed  to  Harrington  two-thirds.  Tf  this  is 
so,  he  certainly  lias  also  assigned  Prescott 
half;  lie  is  therefore  one-sixth  overdrawn  and 
must  bo  held  to  be  totally  without  interest. 

8.  As  to  Prescott.  If  Prescott’s  own  theory  is 
right,  he  is  the  owner  of  half.  If  Harrington 
is  right,  Prescott  (having  been  assigned  one- 
half  of  the  whole)  will  take  tlie  remaining 
one-third  (being  all  ho  can  get).  If  Edison 
is  right  in  his  construction  of  his  agreement, 
still  Prescott  has  one-third  j  or  if  ho  should 
attempt  to  claim  that  lie  assigned  only  one- 
half  his  interest,  that  being  one-third,  Pres¬ 
cott  has  still  one-sixth.  Tims  Prescott  is  tlio 
only  person  who,  in  all  events,  must  bo  bold 
to  have  some  interest. 

The  Commissioner  ought  to  issue  Letters  to  Pres¬ 
cott  and  Edison,  leaving  Harrington  to  bring  his  suit 
against  them  ns  his  trustcos. 


1st  Because  lilt,  title  is  safe  in  thou,  by  force  of 
tlioir  agreement  on  recoivl.  Harrington  will 
(lie  and  Edison  being  ill  confederation)  And 
the  title  intact  when  lie  wants  to  bring  sail. 

2d.  Because,  if  given  to  Edison  alone,  the  state  of  the 
record  title  favors  the  granting  of  assignments 
or  licenses  behind  our  backs  by  himself  or 
his  attorney,. .lay  Gould,  which  we  might  not 
ho  able  to  prove  were  not  in  good  faith,  and 
which  would  at  least  needlessly  complicate 
matters,  and  cause  useless  expense. 

M.  Because,  if  issued  to  Edison  alone,  a  suit  must 
be  instituted  to  substitute  some  one  with 

Certainly,  Prescott  will  be  put  in  with  him 

Perhaps  Harrington  ami  Prescott  may  oust 
him  altogether. 

rr  l’reseolt  is  put  in  now,  the  simple  ques¬ 
tion  for  litigation  will  be,  who  is  his  partner? 
and  that  suit  would  bo  prosecuted  at  the  ex¬ 
pense  of  the  parties  who  arc  the  real  contest¬ 
ants  upon  the  material  question  whether  they 
have  any  interest,  and  not  that  of  the  party 
as  to  whom  the  only  question  is,  what  is  the 
extent  of  his  admitted  interest? 

It  seems  absurd,  therefore,  lo  leave  out  the 
only  man  who  must  surely  be  put  in  hereafter. 

4th.  Because  the  only  specific  assignment  on  re¬ 
cord  is  that  to  Prescott.  No  question  of  fact 
is  raised,  or  need  bo  determined,  to  enable  tlio 
Commissioner  to  know  that  the  inventions  in 
question  are  the  vory  ones  named  in  his 
assignment,  and  at-  the  tiino  of  its  dolivory  in¬ 
tended  to  bo  covered  by  Prescott’s  assign¬ 
ment;  and  while  it  is  certain  that  Edison  in¬ 
tended  to  convey  an  interest  in  theso  inven¬ 


tions  to  Prescott,  the  utmost  that  can  bo  said 
for  Harrington’s  claim  is  that  an  ingonious 
construction  may  porhaps  raise  somo  doubt 
whether  lie  did  not  intend  to  convoy  an  inter¬ 
est  to  Harrington. 

On  the  other  hand,  to  decide  in  fnvor  of 
Harrington,  makes  it  necessary  to  try  two  im¬ 
portant  questions,  which  can  nowhere  be  per¬ 
fectly  tried  except  in  a  court. 

1«/  Question  of  Imxo. — Is  the  writing  of  1871  an  as¬ 
signment  at  all,  capable  to  pass  the  legal  title 
to  specific  inventions;  or  cnpablo  to  do  more 
limn  give  a  cause  of  action  for  damages  or 
specific  performance  if  the  titlo  remains  (ns  is 
not  the  case)  capable  of  being  conveyed  in- 
tact  by  llio  contracting  party  ? 

(Note.) — It  sccn.s  H.  and  E.  have  so  con¬ 
strued  that  paper  since  they  havo  passed  and 
recorded  a  specific  assignment  for  each  inven¬ 
tion  as  it  was  born. 

%il  Question  of  Fact. — Whether,  considering  the  paper 
in  proper  form  to  operate  as  an  assignment, 
the  patents  in  question  are,  in  fact,  within 
the  description  of  inventions  which  it  pur¬ 
ports  to  convoy-  V 


VI.— Letters  patent  should  issue  lo  Edison  k  Pres¬ 
cott,  in  accordance  with  their  joint  request  of  August 
19, 1874. 

J.  Huw.ky  Asutox, 

GiIOSVF.N'OI!  PottTKIt  IiOWttEY, 
Boscoi:  Con-ki.ixg, 

Counsel  for  tlio  Petitioner, 
George  13.  Prescott 


APPENDIX. 


PATENT  LAWS. 


Section  38,  Aot  1870. 

Patents  tnay  be  granted  and  issued  or  reissued  to 
the  assignee  of  the  inventor  or  discoverer- — the  assign¬ 
ment  thereof  being  first  entered  of  record  in  the  Patent 
Office;  but  in  such  ease  the  application  for  the  patont 
shall  be  made,  and  the  specification  sworn  to  by  the 
inventor  or  discovcror,  and  also,  if  lie  be  living,  in  ease 
of  an  application  for  reissue. 


Sec.  4,895  of  Rev.  Statutes. 

Patents  may  bp  granted  and  issued  or  reissued  to 
the  assigneo  of  the  inventor  or  discoverer ;  but  the  as¬ 
signment  must  first  bo  entered  of  record  in  the  Patent 
Office. 


And  in  all  cases  of  an  application  by  an  assignee  for 
the  issue  of  a  patent,  tho  application  shall  be  made 
and  tho  specification  sworn  to  by  the  inventor  or  dis¬ 
coverer. 


Agreement— Edison  and  Ha«bin(Iton,  dated 
Apiiii.  4,  1871. 

Whereas,  I,  Thomas  A.  Edison,  of  the  oity  of  New¬ 
ark,  Stale  of  New  Jersoy,  for  certain  valid  and  valu¬ 
able  considerations  to  me  in  band  paid,  and  in  further 
consideration  of  certain  covenants  and  stipulations  to 
be  fulfilled  by  George  Harrington  of  Washington,  Dis¬ 
trict  of  Columbia,  did  stipulate  and  agree  to  invent 
and  construct  lor  the  said  Harrington  full  mid  com-- 
plete  sets  of  instruments  and  machinery  that  should 
successfully  and  economically  develop  into  practical 
use  the  Little  or  other  system  of  automatic  or  fast 
system  of  telegraphy,  and  subsequently  to  improve 
and  perfect  such  instruments  and  machinery  by  adding 
thereto  from  timo  to  time  such  further  inventions  ns 
experience  should  demand  and  my  ability  as  nil  inven- 
tor  and  electrician  might  suggestand  permit,  ami  further¬ 
more,  to  prepare  or  cause  to  bo  prepared,  the  necessary 
description  pnpors,  tho  model  and  drawings  requisite 
to  obtain  patents  for  all  suoli  inventions  and  improve- 
inentB,  the  said  inventions  and  improvements  to  bo  the 
joint  property  of  the  said  Harrington  and  myself,  and 
the  patents  to  be  issued  to  the  said  Harrington  and 
mysolf  in  tiie  proportionate  interest  of  two-thirds  to 
said  Harrington  and  one-third  to  mysolf;  the  whole 
to  be  under  the  solo  control  ol  said  Harrington,  to  bo 
disposed  of  by  him  forourmutral  benefit  in  tho  propor¬ 
tions  hereinbefore  recited,  in  such  manner  and  to  such 
extent  ns  ho,  the  said  Harrington,  should  deem  advis- 


84 

able,  with  power  to  sell,  traiisfer  and  convey  the  whole 
or  any  part  of  tho  rights  and  titles  in  and  to  any  or  all 
of  said  inventions  and  improycmenis  as  also  of  the 
patent  or  oilier  rights  arising  therefrom.  And  the  said 
Harrington  having  faithfully  fulfilled  all  of  the  cove¬ 
nants  and  stipulations  entered  by  him  : 

Now,  therefore,  bo  it  known  thnl,  in  consideration 
thereof  and  of  the  sum  of  ono  dollar  to  me  in  hand  paid, 
I,  Thomas  A.  Edison,  of  the  city  of  Newnrk,  State  of 
New  Jetsey,  do,  by  these  presents,  hereby  assign,  set 
over  and  convoy  to  him,  the  said  Harrington,  two- 
thirds  in  interest  of  all  my  said  inventions,  including 
therein  all  my  inventions  of  mechanical  or  copy¬ 
ing  printers,  and  of  all  the  patents  for  all  such  inven¬ 
tions  and  printers,  whether  already  issued,  applied 
for,  or  to  be  hereafter  applied  for,  mid  or  all  and  what- 
soever  ol  my  inventions  ntul  improvements  made  or  to 
be  made,  and  ot  all  the  patents  that  may  be  issued 
•  therefor,  that  are  or  may  be  applicable  to  automatic 
telegraphy  mechanical  printers. 

And  whereas,  I  am  desirous  of  obtaining  the  co¬ 
operation  and  assistance  of  the  said  in  disposing  of 
of  my  said  one-third  interest  ns  before  recited,  and  for 
die  purpose  of  united  and  harmonious  action  in  nego¬ 
tiating  for  its  use  or  ils  sale  mid  transfer  by' 
-  to  others  in  conjunction  with  his  own  mid 
in  such  free  and  unrestricted  manner  as  will 
tend  to  success,  and  for  the  sum  of  one  dollar  to  me  in 
hand  paid,  the  receipt  whereof  is  hereby  acknowledged. 
Now,  therefore,  bo  it  known,  that  I,  Thomas  A.  Edison, 
ol  tlie  city  of  Newnrk,  State  of  New  Jersey,  have  con¬ 
stituted  and  appointed,  and  by  these  presents  do  consti- 
tutc  and  appoint,  George  Harrington,  of  the  city  of 
Washington,  District  of  Columbia,  my  true  and  Inwful 
and  only  attorney  irrevocable,  with  power  to  substi¬ 
tute  for  n,o  anfi  j„  ,lly  Wllllej  mil)  in  sucU  mnnnor  I1S  |l0 
may  think  best,  to  sell,  transfer,  mid  confer  all  of  tny 
rights,  titles  end  interest  in  and  to  any  nud  all  of  my 
said  inventions  and  the  improvements  thereto,  whether 


made  or  to  bo  made,  and  to  sell,  transfer  and  convey 
all  my  rights,  by  patents  or  otherwise,  nrising  there¬ 
from  already  mado  and  obtained,  and  all  snob  as  may 
hereafter  mado  or  obtained,  mid  to  oxebuto  in  full 
any  or  all  tho  necessary  papers  and  documents  requi¬ 
site  fertile  transfer  of  title,  mid  to  invest  in  otiier  par¬ 
ties  full  and  legal  ownership  therein,  hereby  divesting 
myself  of  and  interesting  him,  the  said  Harrington,  with 
all  the  powers  necessary  in  the  premises,  fully  and  com¬ 
pletely  to  carry  out  tho  purposes  and  intentions  here¬ 
in  set  forth,  hereby  fully,  confirming  all  that  my  said 
attoraoy  may  or  shall  do  in  the  premises  ns  fully  ns  if 
done  by  me  in  person,  nnd  requesting  the  Commissioner 
of  Patents  to  recognise  him  as  such  attorney. 

Ill  witness  whereof.  I  have  hereunto  set  my  hand 
and  affixed  my  seal,  in  the  city  of  Newark,  this  fourth 
day  ol  April,  eighteen  hundred  and  soveuty-oue. 

.  T.  A.  Edison,  [seal.] 

In  presence  of 

A.  D.  ComittN, 

A.  B.  Candkk. 


Assignment — Edison  to  Pkescott,  dated  August 

10th,  1874 

A. tnJen  of  agreement  made  and  entered  into  this 
nineteenth  day  of  August,  A.  D.  1874,  by  and  between 
Thomas  A.  Edison,  of  Newark,  in  the  Slate  of  Now 
Jersey,  and  George  B.  Prescott,  of  tiio  city  and  Stato 
of  Now  York. 

Witucssoth :  Whereas  said  Edison  has  invented  cer¬ 
tain  improvements  in  duplex  telegraphs  for  which  lie 
has  executed  or  is  about  to  execute  applications  for 
letters  patent  of  the  United  States,  nnd  such  nppliea 
boas  are  numbered  04,  05,  90,  97,  08,  90  nnd  100,  nnd 
are  dated  August  10, 1874,  mid  said  Prescott  is  entitled 
to  an  equal  interest  in  the  same  and  others  hereafter 
Mentioned. 


_ 


Therefore,  in  consideration  of  the  promises,  and  the 
sum  of  ono  dollar  in  hand  paid,  the  roceipt-whereof  is 
hereby  acknowledged,  the  said  Edison  has  sold  and 
assigned,  and  does  hereby  set  ovor  and  convoy  unto 
the  said  George  B.  Prescott,  one  undivided  half  part 
of  the  right,  title  and  interest,  of  every  character,  in,  to 
under,  and  connected  with,  oaeh  and  all  the  aforemen¬ 
tioned  inventions  and  loiters  patent  on  the  same,  when 
granted,  and  authorizes  and  requests  tho  Commissioner 
of  Patents  to  issue  tho  said  letters  patent  to  Thomas 
A.  Edison  and  George  B.  Prescott,  as  the  assignees  of 
said  Edison,  for  the  use  a.id  behoof  of  themselves,  nud 
their  legal  representatives.  And  whereas  the  said 
liaison  l,as ttlso  invented  otlusr  improvements  in  duplex 
telegraphs,  tic  1  ,  t  o  of  which  have  been  lo.l-.ed 

with  George  if.  Phelps  for  the  purpose  of  models  bo- 
ing  constructed,  it  is  hereby  agreed  that  such  inven- 
tioiiit  are  included  in  this  present  agreement,  and  that, 
when  the  applications  for  patents  are  made,  the  patents 
to  be  granted  in  accordance  horuwith,  and  that  the  said 
liaison  slmll  sign  the  required  papers  therefor. 

Tins  transfer  is  made  on  tho  following  terms  and 
conditions,  winch  arc  hereby  made  part  of  the  consid¬ 
eration  in  the  premises. 

First.  That  liotli  of  the  parties  shall  have  an  equal 
undivided  interest  in  all  letters  patent  of  the  United 
fatales,  or  of  any  foreign  countries,  which  tuny  be  granted 
for  nil  or  any  of  said  inventions,  or  of  any  future  im¬ 
provements  thereon  made,  by  cither  party,  anil  of  all 
extensions  and  reissues  of  any  such  lettcre  patent. 

Second.  That  whereas,  Edison  lins  heretofore  ex- 
pended  $1126  for  models  anil  patent  fees,  the  benefit 
of  which  lie  contributes  to  tho  common  interest,  and 
waives  reimbursement  of  that  sum,  or  of  any  part  of 
it;  Prescott  hereby  agrees  to  pay  sololy,  and  without 
contribution  from  Edison,  all  tho  future  expense  mid 
cost  ot  specifications,  drawings,  models,  patent  oflied 


foes  and  patent  solicitors’  and  agents’  foes,  and  nil  other 
clmiges  incident  to  tho  procuring  of  lottors  patont  for 
any  of  said  inventions. 

Third. — Tlmt  neither  of  said  parties  will  sell,  assign, 
or  othorwiso  dispose  of  the  whole  or  any  part  of  his 
interest  in  said  inventions  or  letters  patent  thorefor, 
or  any  of  them,  without  tho  written  consent  thereto  first 
obtained  of  tho  other  party. 

Fourth. — That  neither  of  said  parties  will  himself 
manufacture,  use  or  sell,  nor  grant  licenses,  nor  the 
right  in  any  way  to  any  other  party,  to  manufacture, 
use  or  sell,  any  of  tho  said  inventions,  or  any  improve¬ 
ments  thereof,  or  any  machine  embodying,  or  article 
containing,  any  of  said  inventions  or  improvements,  or 
protected  by  any  of  said  letters  patent,  without  tho 
written  consent  first  obtained  of  tho  other  party. 


Fifth. — No  sale  of  0113-  of  tho  said  invent 
license  or  right  to  mako  or  use  tho  same. 


— lado  or  given,  except  at  a  prico  to  which  both 
parties  agree  111  writing,  and  all  net  profits  slmll  bo 
equally  divided  botween  tho  parties  hereto. 

Suth. — The  covenants  and  provisions  of  this  ngrcc- 
aient,  binding  either  of  the  parties  hereto,  shall  also 
hind  his  executors,  administrator,  and  assigns. 

In  witness  whereof,  tho  said  parties  have  hereunto 
sot  limit’  hands  and  seals,  tho  da)-  and  year  first  nbovo 
written. 

Thomas  A.  Edison,  [l.  a] 

_  Gkoiiok  B.  Pukscott.  [l.  s.1 

Witnesses-^— 

ILutor.D  Seriieix, 

Lejiuei,  W.  Sehhem,. 


Know  ull  men  by  thoso  presents,  that  wliorca 
Thoinns  A.  Edison,  of  Newark,  in  the  Slate  of  New , 
scy,  have  invented  certain  improvements  in  duplex  l 
graphs,  for  which  I  have  executed,  and  am  about 
execute,  applications  for  letters  patent  of  the  tin 
States,  and  such  applications  are  numbered  91,  95, 
97,  98,  91),  and  100,  and  nro  dated  August  19,  1871. 

And  whereas,  1  hnvo  invented  ot 
in  duplex  telegraphs,  the  descriptions  and  models 
which  have  been  lodged  with  It  W.  Serrell,  of 
city,  county  and  State  of  Now  York,  for  the  pnrposi 
obtaining  patents. 

And  whereas,  I  am  the  inventor  of  other  impm 
ments,  relating  to  duplex  ns  well  as  qiindruplcx  t< 
graphs,  for  both  of  wliiuli  l  am  about  to  innko  ap 
cation  for  lettcra  patent. 

Now,  in  consideration  of  one  dollar  to  mo  in  In 
paid,  the  receipt  of  which,  as  well  as  other  good  : 
valuable  considerations,  I  do  hereby  acknowledge,  I 
hereby  give  and  grant  to  Jay  Gould,  of  the  city,  com 
and  State  of  New  York  full  (and  irrevocable)  pov 
and  authority  to  sell,  assign,  transfer  and  set  ovcr.ui 
.1113  person,  persons  or  corporation,  any  right,  title  a 
interest  in,  or  to,  any  or  ull  of  said  inventions,  or  i 
provemenls  relating  thereto,  or  in,  to,  or  under,  11 
letters  patent  which  may  be  granted  to,  or  at  any  ti 
may  belong  to  me,  relating  to  any  or  all  of  s 
inventions  or  improvements;  and  I  do  hereby  a 
givo  and  grant  to  said  Jay  Gould  full  (and  irrevocnb 
power  and  authority  to  give  or  grant  any  license 
licenses  in,  to,  or  under  any  or  nil  ot  said  letters  pate 
or  in  or  relating  to  any  or  all  of  said  inventions 
improvements. 

And  I  do  hereby  also  givo  and  grant  unto  said  J 
Gould  full  (and  irrevocable)  powor  and  authority  to 
and  porform  all  necessary  acts  in  and  about  the  int 
agemout  of  my  interest  in  said  invention  or  imnroi 


meals  and  lottors  patent,  and  ■  ench  of  thorn,  and 
relating  to  any  business  that  may  aviso  there 
hereby  authorising  and  empowering  him  to  mak 
meet  business  engagements  and  liabilities,  and 
and  perform  each  and  every  not  which  I  or  my  1 
tors,  administrators  or  assigns  might  or  could  do  i 
lion  to  the  management  of  all  business  tninsu 
relating  to  said  inventions,  improvements  or 
patent  or  any  of  them. 

And  I  hereby  authorize  and  empower  the  said  1 
;o  demand,  sue  for,  collect,  receive  and  givo  a 
mice  and  releases,  in  my  name  or  otherwise,  I 
mills  of  money,  debts  and  demands  whatever, 
ire  or  shall  be  due,  owing  or  belonging  to  111c, 
ained  from  me,  by  any  person  or  persons,  whomse 
ind  also  at  any  time  to  commence  and  prosecute 
nd  all  suits  or  actions,  at  law  or  in  equity,  ii 
lame,  for  the  infringement  of  said  letters  patent 
Iso  to  sign  my  name  to  any  and  all  papers  nece 
ir  commencing  and  carrying  on  said  suits  or  ac 
nd  he  shall  have  power  (full  and  irrevocable),  i 
amc,  to  do  and  perform  every  act  necessary  and 
cr,  in  and  about  said  suits  and  actions. 

I  do  also  hereby  authorize  and  empower  the 
ay  Gould  to  appoint  any  substitute  or  substitut 
is  discretion,  to  do  and  perform  all  or  any  of  the 
eroby  authorized,  and  I  do  in  such  case  hereby 
!r  upon  such  substitute  or  substitutes  each  and  1 
ic  powers  which  I  have  hereby  conferred  upon 
ly  Gould,  or  which  may  by  him  bo  delegated  to 
ibstitutc  or  substitutes. 

In  witness  whereof  I  have  hereunto  set  my  hand 
al  this  fourth  day  of  January,  one  thousand  ( 
indued  and  seventy-live. 

Thomas  A.  Edison,  [seai 

In  presence  of 

[The  words  “  full "  and  “  irrevocable  ”  interlincc 
re  execution.] 

Olin  J.  Clanson, 

Abthuk  Kinnieb. 


Statu  or  New  York,  )  ' „ 

City  ami  County  ot  Now  York. j  SS- 
On  tliis  fourth  tiny  of  Jummry,  1875,  before  me  [>cr- 
sonnlly  eiime  Thomas  J.  Edison,  to  mo  known,  and 
known  to  be  the  individual  described  in  and  who  exe¬ 
cuted  the  foregoing  instrument,  and  acknowledged  that 
lie  executed  the  same  for  the  purpose  therein  men¬ 
tioned. 

Own  J.  Ci, anson, 

[SEAI‘]  Notary  Public, 

N.  Y.  Ca 

Application  or  Gkoiiok  Harrington. 

"Washington,  .Tan.  28d,  1875.  - 
To  the  Commissioner  of  Patents: 

Your  petitioner,  a  citizen  of  AVnshinglou  City,  Dis¬ 
trict  of  Columbia,  prays : 

That  letters  patent  may  be  granted  to  Tbos.  A. 
Edison,  of  the  city  of  Newark,  State  of  New  Jersey, 
ami  to  your  petitioner,  as  bis  assignee,  for  the  inven¬ 
tions  described  as  follows : 

,  . . provemeuts  in  Duplex  Telcgmpbs,  .lated 

August  10,  187-1,  and  tiled  September  1,  187-1. 

.  No.  95,  ditto,  ditto,  ditto,  ditto. 

98,  ditto,  ditto,  ditto,  ditto. 

97,  ditto,  ditto,  ditto,  ditto. 

“  °8,  ditto,  ditto,  ditto,  ditto; 

.  11  99,  ditto,  ditto,  ditto,  ditto. 

“  10 ditto,  ditto,  ditto,  ditto. 

28tb  1874 liUO’ <ktCtl  ^  14l,1>  1874>  antl  filed  Beet 
The  assignment  and  power  of  attorney  to  your  pc- 
l1u,y  ^cordc.1  in  the  Patont  Office,  May 
btlh  1871,  in  Liber  U  18,  p.  -112,  of  Tmnsfera  of  Patents, 
Your  petitioner  therefore  prays  that  the  lcltcis  patent 
lor  said  inventions  mayissuo  to  himself  uud  said  Edison, 


i  the  proportionate  interests  of  two-thirds  to  hi 
id  one-third  to  said  Edison,  as  provided  in  said  ] 
!  attorney  and  assignment 

Very  respectfully, 

George  Harmnot 


Letter  op  Thomas  A.  Edison. 

Newark,  N.  J.,  Jan.  28d,  18 
mimissioncr  of  Patents : 

Sir — There  are  on  tile  in  your  olliee  certain  ap 
ms  for  patents  in  my  name,  as  sole  inventor,  ni 
aiied  with  a  request  to  issue  the  patents, 
lowed,  to  myself  and  George  B.  Prescott 
I  made  this  arrangement  with  Mr.  Prescott  uml 
mucous  impression. 

On  tlic  1st  October,  1870, 1  made  a  copartnc 
ntmet  with  Mr.  Georgo  Harrington,  and  on  tin 
|>ril,  1871,  in  furtherance  thereof,  1  made  to  hii 
ligament,  coupled  with  an  irrevocable  power  of 
y,  reciting  the  main  provisions  of  the  contract, 
which  are  still  in  full  force  and  effect,  whereb 
ulrol  of  these  inventions  wits  placed  in  the  hail 
it  Harrington. 

Under  and  113-  virtue  of  this  power  ot  attorney 
ligament  therein,  Mr.  Harrington  claims  titl 
;sc  inventions,  and  objects,  ami  has  objected,  tc 
nation  from  the  said  assignment  and  power  o 
ne3'.  I  therefore  withdraw  1113'  request  for  the 
patents  for  Duplex  and  Qi  1  1 1  t  ssi 
ison  and  Prescott,  and  unite  with  George  Uar 
in  his  petition,  this  dty  filed  in  your  office,  rcq 
;  the  issue  of  the  letters  patent  to  Geo.  Hnrrin 
1  nyself,  iu  the  proportions  set  forth  in  the  powi 
nney  and  assignment  of  April  4th,  1871,  uud 
itrnct  therein  recited. 

Respectfully  yours, 


■Appeal  of  Edison  and  Harrington  from  the 
(Decision  of  the  Commissioner  of  (Patents 
of  March  soth,  i8j j,  to  the  Hon:  the  Sec¬ 
retary  of  the  Interior. 


Argument  for  Mr.  Edison. 


In  flic  printed  argument  of  Messrs.  Colliding  and  low- 
cry,  on  “  die  just  limits  of  die  Secretary’s  legal  power  over 
decisions  of  the  Commissioner  of  Patents,”  it  is  conceded 
(pp.  9, 10)  that  it  is  the. duty  of  the  Secretary  to  refuse  his 
signature  to  a  patent  which  the  Commissioner  hns  ordered 
to  be  issued,  whenever  the  Commissioner  hns  exceeded  his 
jurisdiction — that  the  Secretary  lias  “  a  practical  veto  power, 
to  he  exercised  in  case  of  fraud  or  excess  qf  jurisdiction.” 

We  proposo  to  show  that  tho  Commissioner  hns  in  this 
enso  exceeded  his  jurisdiction. 

1.  Tho  Patent  Act  does  not  authorize  the  issuo  of  a  pat¬ 
ent  jointly  to  the  inventor  and  an  assignee  of  a  part  inter¬ 
est  in  tho  invention,  and,  therel'oro,  a  pntent  enunot  bo 
legally  issued  in  that  form,  unless  by  tho  express  unrevoked 
authority  of  tho  inventor  at  tho  timo  of  such  issue — which 
authority  was  wanting  in  this  case. 

2.  Tho  act  does  not  authorize  tho  issue  of  a  patent  to 

joint  assignees,  wlioro  thoir  interests  under  tho  assignment 
lire  not  tho  same  ns  tho  joint  patent  itself  would  import 
thorn  to  bo  on  its  face.  And  no  nssigneo  claiming  under 
au  assignment  sul’niodo  can  demand  the  issuo  of  tho  pntent 
to  himself  by  tho  moro  forco  of  such  assignment.  . 


3.  l’lio  Commissioner  cannot  issue  n  patent  to  the  in- 
venlor  and  an  assignee  jointly,  when  tliero  is  no  aj>j)lica- 
lion  pending  in  the  Patent  Ofiico  for  such  issue. 

The  pending  application  boing  for  a  patent  to  Edison 
and  Harrington  jointly  (the  former  application  having  been 
withdrawn),  the  Commissioner  has  no  jurisdiction  to  issue 
the  patent  to  Edison  and  Prescott. 


As  to  the  Issue  of  a  Patent  where  a  Share  of 
the  Invention  or  some  Partial  Interest  in 
it  has  been  Assigned. 

In  tho  argument  boforo  tbe  Commissioner  of  Patents, 
Mr.  Doubling  took  the  objection  that  tho  assignment  of  4th 
April,  1871,  to  Harrington,  could  not  possibly  entitle  him 
to  demand  the  issue  of  the  patents  to  liinisolf  and  Edison 
jointly,  because  the  statute  authorizing  the  issuo  of  a  patent 
to  an  assignee  is  eon  fined  to  a  case  where  the  whole,  and 
not  a  part  merely,'  of  tho  invention  is  assigned. 

This  objection  was  not  noticed  by  the  Commissioner, 
although,  ill  the  concluding  paragraph  of  his  opinion,  1m 
adverts  to  tho  question  “  whotlicr  tho  assignment  to  Pres¬ 
cott  is  in  such  form  ns  to  authorize  tho  Commissioner  to 
issue  tho  patent  to  Edison  and  Prescott  as  assignees  of  tho 
former.”  Ho  does  not  state  what  objection  (if  any)  was 
mndo  to  tho  form  of  that  assignment,  but  says  it  is  in  tho. 
words  of  tho  form  sent  out  by  the  Patent  Office,  and  that 
should  bo  doomed  bnffleient,  “  in  the  absence  of  any  decision 
by  a  higher  tribunal  invalidating  pntonts  thus  granted.” 

It  is  not  probablo  that  tho  Courts  will  decide  that  tho 
issue  of  a  patent  to  nii  inventor  and  another  as  his  nssigneo 
of  part  of  the  invention  is  invalid  wlion  it  is  so  issued  at  tho 
inventor’s  request,  coupled  with  that  of  tho  nssigneo.  If 
may  bo  presumed  that  it  hits  never  been  dono  without  such 
request. 

Mr,  Conkling  refers  to  a  supposed  chango  made  by  tho 
Revised  Statutes  in  the  wording  of  tho  Patent  Law,  relat¬ 


ing  to  tho  isano  of  pntonts  to  assignees.  Ho  snys  that  tho 
revision  has  changed  “assignees”  to  “assignee;”  but  adds 
that  the  singular  may  bo  construed  to  mean  plural.  lie  is 
mistaken  as  to  tho  revision,  for  tho  act  of  1870,  see  33,  has 
the  word  “  nssigneo,”  and  tho  revision  is  tho  same.  The 
word  “nssigneo”  may,  however,  ho  read  to  menu  “nssigneo 
orassignecB” — this  not  being  like  a  penal  statute,  which  is 
to  he  construed  strictly.  When  tho  whole  of.  tho  title  to 
the  invention  m  assigned  to  two  or  more,  that  titlo  is  vested 
in  an  “assignee,”  within  the  meaning  of  tho  net. 

Mr.  Conkling  refers  to  the  opinion  of  Attorney  Gonernl 
Mason,  to  whom  the  question  was  referred  by  the  Secretary 
of  State,  ns  to  the  meaning  of  the  clause  in  the  act  of  1S37 
in  relation  to  the  issuo  of  patents  to  assignees.  And  Mr. 
Conkling  also  refers  to  the  opinion  of  Attorney  General 
Black  on  tho  same  question,  to  sustain  the  point  that  no 
statute  authorizes  the  issuo  of  the  pntonts  to  Harrington 
and  Edison,  under  the  assignment  of  1871,  because  in  that 
instrument,  in  any  view  of  tho  case,  there  is  not  an  assign¬ 
ment  of  tho  whole,  but  only  an  assignment  ot  two-thirds  oi 
the  inventions,  the  remaining  one-third  being  in  Edison, 
tho  assignor. 

Tho  distinction  botween  an  assignment  by  Edison  ot 
one-third  to  himself  and  his  retention  of  one-third,  has  not 
a  very  substantial  appearance.  And  if  tho  assignee  claim¬ 
ing  the  issue  of  the  patent  to  himself  must  bo  assignee  ot 
the  whole,  then  Prescott  had  no  standing  before  tho  Com¬ 
missioner.  Now,  Mr.  Conkling’s  argument  is  to  tho  effect 
Hint  a  patent  cannot  bo  issued  to  the  nssigneo  of  part  of  the 
interest  in  tho  invention— that  the  assignment  must  bo  of 
the  wiiolo  of  the  interest.  And  ho  insists  on  a  formal  dit- 
fereneo  between  tho  assignment  of  1871  to  Harrington  and 
that  of  1874  to  Prescott,  the  latter  boing  an  assignment  to 
Prescott  of  one-half,  and  an  assignment  of  the  other  halt  to 
tho  assignor,  Edison, .whereas  the  assignment  to  Hariing. 
ton  was  simply  of  two-thirds,  leaving  one-third  in'  Edison. 

Although  tho  assignee  of  a  part  of  nil  invention  holding 


under  nil  assignment  iiindo  after  the  invention  was  per¬ 
fected  and  before  the  issue  of  tho  patent,  holds  the  legal 
title  to  such  portion  of  the  invention,  and  will  hold  a  cor- 
rcspoiiding  title  in  tho  patent,  it  docs  not  follow  that  lie  is 
entitled  to  the  issue  of  the  patent  in  his  own  name  jointly 
with  that  of  tho  inventor.  The  right  of  an  assignee  to  de¬ 
mand  a  patent  in  his  own  name  was  first  given  hy  the  Act 
of  1837,  hut  heforo  the  passage  of  that  act  tho  assignee  of 
an  invention  heforo  patent  granted,  but  after  tho  invention 
was  perfected,  took  the  legal  title  to  tho  extent  of  the  as¬ 
signment,  whether  in  tho  whole  or  in  port  (Gaylor  v.  Wil¬ 
der,  10  How.  477). 

The  Rules  of  Practice  in  the  Patent  Office. 

Rule  2.  “  In  caso  of  an  assignment  of  the  whole  inter¬ 
est  in  tho  invention,  the  patent  will  issue  to  the  assignee 
upon  his  request ;  and  so,  if  the  nssiguce  holds  an  undi¬ 
vided  part  interest,  tile  patent  will,  upon  his  request ,  issue 
jointly  to  him  and  the  inventor;  hut  the  assignment  must 
first  have  been  entered  of  record,  and  nt  a  day  not  later 
than  the  date  of  the  payment  of  the  filial  fee,  and  the  appli¬ 
cation-  must  he  duly  made  and  tho  specification  sworn  to 
by  tho  inventor.” 

Rule  09.  “  When  an  assignment  of  the  wliolo  or  an 
undivided  interest  in  an  invention  has  been  made  and  duly 
entered  of  record  in  tho  Patent  Offico,  tho  patent  will,  upon, 
tho  request  of  the  assignee,  issue  directly  to  him,  or  if  ho 
hold  but  a  part  interest,  to  him  and  the  inventor  jointly.” 

Rule  100.  “  In  every  enso  whore  it  is  desired  that  tho 
patent  shall  thus  issue  to  an  assignee,  tho  assignment  must 
bo  recorded  in  the  Patent  Office,  nt  n  date  not  later  Ilian  . 
tho  day  on  which  tho  final  fee  is  paid.” 

Rule  101.  “'Wiion  tho  patent  is  to  issue  in  the  iiauio  . 
of  tho  assignee,  tho  entire  correspondence  will  bo  with  him 
or  his  authorized  agent.” 

These  rules  do  not  recognize  the  distinction  drawn  by 
Mr.  Conkling  between  tho  retention  of  a  share  by  the  as¬ 


signor  and  an  assignment  of  such  slinro  hj  himself  to  him- 
tdf. 

There  may  ho  no  objection  to  tho  issue  of  a  patent  to 
the. inventor  and  others  joined  with  him,  when  tlint  is  done 
by  the  full  and  unrevdked  authority  of  tho  inventor.  That 
appenrs  to  bo  the  practice  of  the  Patent  Olficc. 

.The  rules  of  tho  Patent  Offico  do  not  ignore  the  point 
tlint  an  assignee  of  a  part  of  tho  patent  cannot  demand  the 
issue  of  a  patent  to  himself  and  tho  inventor  jointly  under 
the  provisions  of  the  act  giving  an  nssigneo  the  right  to  the 
patent.  Those  rules  are  intended  merely  to  provide  that 
tho  patent  may  bo  issued  to  tho  inventor  and  an  assignee 
of  a  part  of  tho  invention  jointly  when  not  only  the  as¬ 
signee,  but  the  inventor  also  requires  such  issue  in  that 


The  Rules  of  the  Patent  Office  are  binding  in  certain 
Rises  (see  Lnw’s  Digest,  027,  title  “  Rules  of  Patent  Office  ), 
but  they  are  of  no  weight  in  this  question,  tho  Patent 
Office  having  no  authority  to  determine  what  are  the  loga 
rights  of  an  assignee  of  a  part  of  an  invention. 

Revocation  of  tho  Authority  to  Issue  the  Pat¬ 
ent  to  Edison  and,  Prescott. 

Prescott’s  counsol  linvo  assumed  that  as  Edison  filed  an 
application  for  a  patont,  and  made  tho  oath  required,  and 
oxecutcd  an  assignment  to  himself  and  Prescott,  which  was 
duly  put  on  record,  all  tho  requisitions  of  tho  law  wore 
complied  with  which  wore  made  conditions  precctlen 
tho  establishment  of  his  right  ns  joint  assignee,  and  conse¬ 
quently,  that  Prescott  acquired  a  vested  right  to  tlio  is 
of  the  patent  undor  tho  assignment  in  tho  form  presen  e  , 
and  could  not  bo  divested  of  that  by  the  act  of  Edison 


Wo  maintain,  on  tlio  contrary,  thnt  Edison  could  with¬ 
draw  the  authority  which  ho  had  given  to  the  Patent 
Office — being  linblc,  of  course,  to  an  action  by  Prescott  if 
such  withdrawal  should  prove  to.  bo  without  good  cause. 

Tlio  question  is  whotber  the  nssigneo  of  pnrt  of  a  patent 
can  demautl  the  issuo  of  the  patent  to  himself  jointly  with, 
tlio  invontor  when  tlio  invontor  objects  to  it  at  the  time  of 
tho  proposed  issuo,  whatever  may  hnvo  been  his  wishes 
previously. 

Wo  concede  that  although  tho  assignment  is  not  nintlo 
to  a  singlo  nssigneo  but  to  several  persons,  tlioy  am  jointly 
demand  tho  issuo  of  the  patent  to  them  after  the  inventor 
lms  made  tho  ontli  and  filed  tho  application  for  the  patent 
as  required  by  the  net.  But  all  the  assignees  must  join  in 
that  application.  If  one  of  them  withdraws  his  application 
for  the  patent,  it  cannot  be  issued. 

Tho  word  •'  may,”  in  section  33  of  the  Act  of  1S70, 
menus  that  if  tho  assignee  applies  for  tho  pntent  it  may  ho 
issued  to  him,  otherwise  it  will  he  issued  to  tho  inventor. 

That  section,  howover,  does  not  spent  of  tho  “  request  ” 
referred  to  in  tho  Rules — tlio  request  by  tho  assignee  thnt 
the  pntent  shall  bo  issued  wholly  or  partly  to  him  (as  tlio' 
.case  may  bo).  Tho  net  speaks  only  of  tho  application  by 
the  inventor  for  tlio  patent,  accompanied  by  his  oath. 
There  must  ho  an  application  by  tho  inventor  for  tlio  pat-  . 
ent  actual!’/ pending,  and  the  “  request”  mentioned  in  tlio 
Rules  nf  the  Patent  Office  (Rules  2  and  00),  is  necessary  to 
set  tho  Pntent  Offico  in  motion  in  favor  of  tho  assigaeo, 
and,  of  course,  suqh  request  may  bo  withdrawn. 

In  the  present  case,  tho  application  for  tho  joint  patent 
was  withdrawn  by  Edison  giving  notice  of  such  withdrawal 
to  tho  Commissioner  by  letter  dated  January  23d,  lb76. 
Another  application,  dated  tho  saino  day,  was  filed  by  Har¬ 
rington  for  patents  to  bo  issued  to  himself  and  Edison. 
Thoro  is  no  application  on  file  for  tho  issuo  to  Edison  nloao, 
and  there  is  no  subsisting  application  on  which  tho  patents 
can  be  issued  to  Edison  and  Prescott.  Consequently,  tho 


patents  cannot  bo  legally  issued  to  Edison  and  Prescott 

■  Where  thoro  nro  two  assignees,  if  they  will  not  join  in 
an  application  for  the  issue  of  the  pntent,  or  if  after  they 
have  inndo  tho  application  one  of  them  revokes  his  request, 
the  patent  must  bo  issued  (if  nt  all)  to  the  inventor.  And 
wlton  so  issued,  it  will  inure  for  the  benefit  of  the  assignees 
according  to  their  respective  interests,  and  they  will  take 
the  legal  title  to  the  patent,  so  as  to  bo  nblo  to  maintain 
actious  for  infringement. 

With  respect  to  the  revocation  by  Edison  of  his  request 
to  hnvo  tlio  patents  issued  to  himself  and  Prescott,  it  is  very 
different  from  an  effort  on  tho  pnrt  of  the  inventor  to  defeat 
tho  legal  effect  of  nn  assignment  of  a  patent,  or  of  part  of  it. 
Of  course,  timt  cannot  bo  done. 

Tiie  opinions  of  tlio  Attorneys  General  referred  to  by 
Mr.  Conkling  nro  clearly  correct.  A  patent  cannot  bo  is¬ 
sued  to  nn  nssigneo  and  the  inventor  jointly,  unless  indeed 
by  the  consont  and  authority  of  the  latter.  And  it  follows 
that  if  siteli  consent  bo  given,  it  may  be  withdrawn  before 
it  is  acted  upon. 

This  right  results  from  the  very  nature  of  tho  request. 
Whenever  ono  is  requested  to  perform  an  net  for  the  bene¬ 
fit  of  another,  tho  request  may  bo  withdrawn  before  it  is 
heted  upon.  It  is  like  tho  dissolution  of  an  agency  by  the 
revocation  of  tho  principal,  which  may  he  exorcised  at  the 
mere  will  and  pleasure  of  tho  latter,  for,  as  observed  in 
Story  on  Agency,  see.  403,  “  sinco  the  authority  is  conferred 
by  his  uioro  will,  and  is  to  be  executed  for  his  own  benefit 
and  his  own  purposes,  the  agent  enniioL  insist  upon  acting 
when  tha  principal  has  withdrawn  his  confidence,  and  no 
longer  desires  his  aid.  This  is  so  plain  a  doctrine  ol  com- 
mon  souse  and  common  justice,  thnt  it  requires  no  illustra¬ 
tion  or  reasoning  to  support  it.”  Sec,  also,  2  Kent’s  Com. 

Tho  right  of  Edison  to  revoke  his  authority  to  issuo  tho 
patent  to  himself  and  Prescott  jointly  is  not  nilbcted  by  tho 


fact  that  Prescott  may  have  paid  the  patent  fees  on  the  ap¬ 
plication  for  the  patont,  and  the  fees  of  patent  agents,  and 
that  in  the  contract  of  19th  August,  1S74,  Edison,  for  a 
sufficient  consideration,  agrees  to  authorize,  and  docs  au¬ 
thorize,  the  Patent  Offico  to  issno  tho  patent  jointly  to 
himself  and  Prescott.  Edison  may  bo  linkle  in  damages 
fora  breach  of  contract  in  revoking  tlio  authority,  but  the 
authority  of  the  Commissioner  does  not  tho  less  fail  when 
Edison  withdraws  it.  The  question  tlion  is  for  the  eonrts 
to  decide  between  Edison  and  Prescott,  whether  the  author¬ 
ity  has  been  rightfully  withdrawn.  If  wrongfully  with¬ 
drawn,  Edison  may  bo  responsible  for  damages. 

The  Patent  Office  hnving  no  legal  authority  under  the 
act  to  issue  a  patent  to  tho  inventor  and  his  assignee  of  a 
partinl  interest,  such  issue  is  entirely  dependent  on  an  au¬ 
thorization  of  the  inventor,  irrespective  of,  and  in  addition 
to,  the  assignment.  It  follows,  therefore,  tlint,  if  that  au¬ 
thority  bo  withdrawn,  tho  patent  cannot  bo  so  issued.  The 
assignment  is  tho  only  instrument  tlint  is  binding  in  the 
Patent  Office. 

Tho  authority  of  the  Patent  Office  to  issue  the  patent 
to  an  assignee  depends,  not  on  the  assignment  alone,  hut 
on  the  application  of  the  inventor  for  the  pntent,  and  the 
request  of  the  assignee  for  the  issue  of  tho  pntent  to  himself, 
which  is  not  referred  to  in  tlio  act,  but  which  is  necessarily 
implied. 

Opinions  of  > Attorneys  General  Mason  and  Jitach  ■ 

The  opinions  of  Attorney  General  Mason  and  Attomoj 
General  Black  wero  given  upon  tho  act  or  1837,  which  au¬ 
thorized  the  issue  of  a  patont  to  “  assiynces.” 

The  opinion  of  Attornoy  General  Mason,  July  7th,  1845 
(Opinions  of  Attorneys  Gonoml,  vol.  4,  p.  899):  “Patent* 
for  inventions  cannot  issno  to  inventors  and  assignees  of'* 
partial  interest  jointly,  but  may  issuo  to  assignees  of  the- 
wholo  interest.  No  provision  1ms  boon  mndo  for  the  issue 
of  a  patent  for  a  part  of  an  invention  to  the  inventor  anil 
for  tho  other  part  to  liis  assignee.” 


“Tho  act  of  1836,  sec.  11,  made  patents  assignable  in  lnw 
either  ns  to  the  whole  interest  or  any  undivided  part  thereof, 
and  required  the  assignment  to  bo  recorded.  This  power 
of  assignment,  however,  applied  only  to  the  patent,  and  not 
tlio  right  to  sue  ont  the  patent.” 

:  “  The  practico  under  this  not  (the  act  of  1837)  has  been 
to  coniine  it  to  eases  within  its  torms — to  cases  of  assign¬ 
ment  of  the  whole  interest.  It  appears  to  mo  very  clear 
that  tho  section  was  framed  in  view  of  such  ensos  only.” 

lie  further  Observed  that  the  not  of  1836,  see.  11,  em¬ 
braces  cases  of  pnrtinl  assignments,  but  that  the  6th  seetiou 
of  tho  act  of  1837  is  confined  to  eases  of  assignment  of  the 
whole  right,  and  he  thinks  that  a  patent  issued  otherwise 
might  bo  hold  contrary  to  lnw.  “  The  net  of  1837  does  not 
impair  the  equitable  rights  which  an  assignee,  before  issue 
of  patent,  had,  nnd  his  interests  will  be  protected  by  tho 
Courts.” 

Opinion  of  Attorney  General  Black,  November  2Sth, 
1859;  Opinions  of  Attorneys  General,  vol.  9,  p.  403,  fur¬ 
nished  to  tho  Secretary  of  State. 

Tlio  inventor  Agcr  npplied  for  tho  patent  to  bo  issued 
to  himself.  "Woolf  and  Jordan,  assignees  of  Agor,  claimed 
the  issue  to  them. 

Tho  opinion  is :  “  Whore  tho  inventor  of  n  new  machine, 
before  a  pntent  issues,  makes  a  full  nnd  complete  assign¬ 
ment  of  all  his  right  to  another  porson,  tho  nssigneo  may 
have  the  patent  issned  in  his  own  name.” 

"  But  where  tho  transfer  or  assignment  of  tlio  inventor’s 
right  is  only  partinl,  although  tho  part  oxeopted  bo  very 
small,  I  do  not  think  that  the  nssigneo  lias  any  claim  to  tho 
■  patent.  He  must  allow  it  to  go  out  in  the  name  of  tho  in¬ 
ventor,  and  bo  held  by  him  in  trust  for  tho  uso  of  tho  ns- 
signoc,.to  tho  extent  of  the  equities  which  ho  lias  by  virtue 
of  his  contract.” 

In  Snydam  v.  Day  (2  Blatch.  20)  it  was  hold  that,  un- 
(•er  the  Pntent  laws  of  tho  United  States,  an  nssigneo  of  a 


patent  must  lie  regarded  ns  acquiring  Ins  title  to  it  with  a 
right  of  action  in  his  own  name  only  liy  force  of  the  statute. 

In  Law’s  Trcntiso  on  Patents,  p.  IfiO,  ami  in  his  Digest 
of  Patent  Cases,  these  opinions  of  Mason  and  Black  are  re¬ 
ferred  to,  and  no  mention  is  made  of  any  adverse  authority. 

It  will  bo  observed  that  tlio  act  makes  it  a  condition 
precedent  to  the  issue  of  a  patent  to  an  assignee  tlmt  the 
assignment  shall  bo  recorded.  And  the  only  assignment 
which  it  authorizes  to  lie  recorded  is  mi  assignment  embrac¬ 
ing  the  whole  interest. 

The  Patent  Act  contemplates  a  written  instrument, 
signed  by  tlio  owner  of  the  patent,  nnd  duly  recorded  in 
the  Patent  Office,  ns  necessary  to  vest  the  legal  titlo  in  tlio 
purchaser  (Ashcroft  v.  Walworth,  2  Oft'.  Gnz.  Pat.  540;  5 
Fisher,  528;  nnd  see  Baldwin  v.  Sibley,  1  Clilf.  150). 

If  there  he  mi  assignment  of  one-third  of  an  invention 
on  the  condition  that  ucithor  should  nliennto  without  the 
consent  of  the  otlior,  nnd  the  patent  should  bo  issued  to  the 
assignee  nnd  inventor  jointly  (tlio  usual  form),  the  legal 
rights  of  the  patentees  under  the  patent  would  not  corre¬ 
spond  with  their  actual  rights  under  the  contract  between 
them.  Under  tlio  patent,  they  would  bold  in  equnl  moieties, 
nnd  either  of  the  patentees  could,  without  tlio  assent  of 
the  other,  give  full  titlo  to  anybody  to  uso  the  invention 
(Olum  v.  Brower,  2  Curtis,  524:).  "When,  howover,  the  ill; 
ventor  nnd  assignee  of  part  join  in  asking  for  tlio  issue  of 
the  patent  to  themselves  jointly,  they  are  contont  to  bo  left 
to  execute  further  assurances  accurately  defining  their  re¬ 
spective  rights,  and  limiting  their  respective  actions  in  re¬ 
gard  to  the  patent.  But  certainly,  without  such  authority, 
the  pntont  could  not  be  so  issued. 

As  to  tlio  Legal  Effect  of  an  Assignment  by 
an 'Assignor  to  Sims  elf. 

Tlio  distinction  contended  for  botwcon  tlio  retention  of 
a  part  of  the  invention  by  tlio  inventor  and  an  assignment 
of  it  to  himself  cannot  bo  sustained. 


If  ono  desires  to  niuko  another  joint  owner  witn  uim- 
tclf  of  a  piece  of  property,  ho  conveys  the  partial  interest 
io  the  other  party ;  ho  dees  not  convey  his  own  share  to 
himself — that  ho  retains.  Or  he  conveys  to  a  third  party 
in  trust  to  recoil voy  pnrt  to  himself,  nnd  to  transfer  tlio  re¬ 
mainder  to  tlio  third  pnrty. 

It  is  n  solecism  to  speak  of  nil  assignment  by  ono  to 
himself.  Sco  definitions  of  ‘‘-assignment  ”  nnd  “  convey- 
iincc,”  AYlinrton’s  Law  Lexicon—1 “  ‘  Assignment,’  n  trans¬ 
ferring  or  sotting  over  to  another  the  interest  which  a 
person  possesses  in  anything  (2  Bln.  Com.  320).”  “  ‘  Con¬ 
veyance,’  an  instrument  which  transfers  property  from  ono 
person  to  nnothcr.” 

Suppose  a  patent  to  bo  owned  by  a  married  woman, 
will  the  assignment  of  that  pntont  by  the  husband  to  him¬ 
self  be  a  reduction  of  tlio  patent  to  his  possession  and  own- 
crsliip  60  ns  to  deprive  the  wife  of  her  right  to  it  iu  cose  o 
her  surviving  her  husband  ?  Certainly  not.  It  would  bo 
no  assignment  nl  all ;  it  would  lie  a  merely  nugatory  act. 

4  Kent’s  Com.  134,  “The  husband,  upon  marriage, 
becomes  possessed  of  the  chattels  real  ot  the  wife,  as  eases 
for  years,  and  the  law  gives  him  power  without  her  to  sell, 
assign,  mortgage,  or  otherwise  disposo  of  tlio  snmo  ns  lie 
pleases  by  uny  act  in  his  lifetime.” 

If  he  disposes  of  a  part  interest  in  the  term,  that  would 
not  deprive  the  wifo  of  her  right  to  the  remainder  ns  sur¬ 
vivor.  And  query  whether  the  partial  assignment  would 
bo  cil'ectiinl  kt  all  as  against  her.  -  . 

The  practice  of  conveyancers  when  the  assignor  desires 
to  retain  an  ihtorest  in  tlio  thing  assigned,  under  a  new 
title  «»  aesifjnee,  is  to  make  an  assignment  to  a  trustee. 
Tims,  when  a  person  entitled,  in  right  ot  his  wi  e, 
chattel  real  wants  to  rcduco'it  into  possession  so  as 
off  bis  wife’s  right  as  survivor,  he  makes  an  assignment  to 
a  trustee  in  trust,  to  reassign  (Coppmger’s  Precedents  in 
Conveyancing,  title  “  Assignment ;  ”  1  Orabb  s  Piet.  42  ). 

A  change  has  recently  been  made  iu  England  by  act  o 


Parliament  in  respect  to  tho  form  of  assignments  of  per¬ 
sonal  property  and  chattels  real  where  it  is  dosired  that  tho 
assignor  shall  Imre  or  retain  some  interest.  This  serves  to 
show  that,  but  for  such  cnactmont,  there  could  bo  no  rnlid 
assignment  by  ono  to  himself. 

Woodfall’s  Landlord  and  Tenant,  10th  Anioricnn  edi¬ 
tion.  1871,  pago  202. 

“By  22  it  23  Viet.  chap.  35,  sec.  21,  ‘Any  person  shall 
lmvo  power  to  assign  personal  property  now  by  law  assign¬ 
able,  including  chnttols  real,  directly  to  himself  and  another 
person,  or  other  persons  or  corporation,  by  the  like  means 
ns  bo  might  assign  tho  same  to  another.’  Therefore, 
upon  the  appointment  of  a  new  trii6tco  of  leaseholds  and 
personal  estate,  the  continuing  trustees  may  assign  tho 
trust  property  direct  to  thomsolves  and  the  new  trustees 
jointly  upon  the  trusts  of  tho  settlement,  whereas  formerly 
an  assignment  und  reassignment  wero  necossnry  to  effect 
this  object.” 


Ho  net  authorizing  the  issue  of  .n  patent  to  nn  assignee 
of  nn  invention,  does  not  apply  to  a  enso  when  tho  assign¬ 
ment  is  not  absolute,  but  is  aiib  modo  only.  There  is  nn 
established  distinction  between  nn  absolute  assignment  oi 


ter  enso,  the  assigiieo  having  only  a  mb  mot/o  assignment, 
is  not,  in  legal  contemplation,  nn  assignee  of  tho  patent, 
and,  therefore,  cannot  bring  nn  action  or  suit  ngniuet  in¬ 
fringers  (see  Brooks  v.  Bynin,  2  Story,  643 ;  'Washburn  v. 

-  Gould,  8  Story,  102 ;  Troy  Factory  v.  Corning,  14  llow. 
210 ;  Curtis  on  Patents,  see.  105). 

In  the  present  case  tho  assignment  of  a  moioty  of  tho 
invention  by  Edison  to  Prescott  is  a  qualified  assign- 
meat;  i.e.,  it  does  not  vest  in  Prescott  tho  right  ’and  title 
ot  an  absolute  assignee, 'but  provides  that  ho  shall  have  no 
power  to  dispose  of  tho  thing  assigned  without  Edison’s 
authority.  Such  a  modified  assignment  or  partial  and 


qualified  disposal  of  a  shnro  of  nn  invention,  lncks  one  of 
Unessential  qualities  of  ownership,  viz.,  thoy'iM  disjponendi , 
and  cannot  authorize  the  issuo  of  a  patent  on  the  faco  of 
which  Prescott  would  have  the  lognl  title  jointly  with  Edi¬ 
son,  absolutely  without  any  qualification  whatever,  and 
bv  virtue  of  which  ho  (Prescott)  could  grant  valid  licenses. 

;  It  may  be  said,  howovor,  that  Edison  would  not  bo 
prejudiced  by  tho  fact  that  tho  patent,  on  its  face,  makes 
Prescott  absoluto  owner  of  n  moiety  of  the  patent,  bccauso 
the  assignment  of  19th  August,  1874,  to  Prescott,  which  is 
recorded,  shows  the  contrary.  That  restriction  depends 
upon  h  mere  contract.  And  it  raises  tho  question  whether' 
the  record  of  that  instrument  is  notice  ns  to  which  it  is  to 
boobserved  that  tho  recording  of  an  assignment  of  an  in¬ 
tention  which  has  been  already  perfected,  is  recognized 
and  implied! g  authorised  by  the  provision  of  the  patent 
Iswwliich  requires  it  to  be  recorded  before  the  patent  can 
bo  issued  to  tho  nssignee.  Tho  act  (sec.  33)  does  not  in  any 
way  recognize  nn  assignment  of  a  share  of  an  invention, 
nor  docs  it  recognize  nn  assignment  of  tho  whole  of  the  in¬ 
vention  subject  to  restrictions  and  qualifications.  Such  an 
assignment  docs  not  entitle  tho  nssigneo  to  demand  the  pat- 

Any  purchaser  from  Prescott,  if  tho  patent  should  be 
.  feoed  to  him  and  Edison  jointly,  might  rely  on  the  patent, 
sod  would  be  undor  no  obligation  to  search  the  records  of 
tbc  patent  office  for  contracts  affecting  Prescott’s  title,  as 
%n  by  tho  patent,  and  limiting  tho  manner  in  which  the 
ownership  of  the  cxpccto  1  patent  should  bo  exercised. 

.'  '•Tho  recording  of  nn  instrument  not  authorized  by  law 
to  bo  so  recorded,  is  wholly  inoperative,  mid  is  not  avail- 
»Mo  to  churge  anybody  with  notico  (seo  tho  Inst  American 
■  eitnlton  of  Sugdcn’s  Vonders  and  Purchasers,  ed.  ot  1873, 
ip'fltll,  noto  g,  and  tho  •  numerous  American  cases  there 
c't.«l  i  1  Story  Eq.  Jur.  secs. '  403,  '404 ;  4  Kent’s 
(Utb  cd.)  174.)  A  moro  licouso  undor  a  patent  need 
nobbo  recorded  (2  Story,  541 ;  see,  nlso,  Curtis  on  Patents, 


■  -  r. 


6cc.  183,  note  2).  “  Wo  Imvo  Boon  tlmt  ft  contract  of  sale 
of  n  future  invention,  although  in  tcnn»  nn  absolute  sale, 
enn  opornte  only  ns  a  contract  to  convey,  nml  tlicro  is  no 
Btntnto  which  contemplates  or  requires  tho  recording  of  nny 
conveyance  excepting  assignments  of  existing  patents  idler 
patents  lmvo  been  obtained,  or  assignment  of  inventions 
made  and  perfected,  wlion  it  is  intended  to  lmvo  the  patent 


Tlie  act  giving  the  nssigneo  of  nn  invention  tho  right  to 
Imvo  tliu  patent  issued  in  his  own  name,  cannot  possibly 
rol'er  to  nn  assignment  of  only  a  part  interest  in  tlie  futuro 
patent,  especially  when  that  is  an  assignment  tub  moth 
only. 

Tiio  distinction  bctwcon  tho  transfer  of  n  partial  interest 
in  n  chattel  nml  an  assignment  and  transfer  of  that  chattel, 
is  nn  established  distinction  important  for  ninny  purposes. 
Tims,  wliero  a  lesseo  transfers  a  part  interest  in  his  lease, 
keeping  a  reversion,  the  holder  of  such  part  interest  is  not, 
in  legal  contemplation,  nn  assignee  of  tho  lease,  and  eonsc- 
picntly  lie  cannot  bo  sued  by  the  lessor  on  the  covenants 
of  the  lease,  there  being  neither  privity  of  cstnto  nor  priv¬ 
ity  of  contract. 

If  a  los6co  disposes  of  tlie  term  granted  to  him,  reserv¬ 
ing  any  portion  thereof,  however  small,  the  instrument 
will  operate  ns  an  underlease,  not  as  an  assignment.  Thus, 
if  the  lessee  reserves  to  himself  only  the  Inst  dny  of  the 
term,  the  assignee  of  tho  rest  of  tho  term  is  not  tho  as¬ 
signee  of  the  lease  (Davis  v.  Morris,  30  N.  T.  509 ;  Tay¬ 
lor’s  Landlord  &  Tenant,  cd.  1873,  sec.  10).  And  n  cove¬ 
nant  not  to  assign  a  lenso  is  not  broken  by  tho  granting  of 
nn  underlease. 

The  issue  of  tlie  patont  to  Edison  nnd  Prescott  jointly 
would  givo  Prescott  the  logal  titlo  to  a  moiety  of  tho 
patent  without  nny  qualification,  but  if  tho  patont  bo  issued 
to  Edison  alouo,  tho  titlo  of  Prescott  will  then  rest  ujion 
tho  assignment  to  him  of  a  moiety  inado  beforo  the  issuo 


legally  issued  to  Edison  and  Prescott  jointly.  And  tl 
Ike  Secretary  should  suggest  a  rehearing  of  tlio  enso  bef( 
tlie  Commissioner  on  tho  points  presented  above,  a 
irhich  were  not  brought  to  tho  Commissioner's  notice. 

Wh  contend  that  tho  matter  should  bo  left  undispot 
if  by  tho  Commissioner  until  ho  shall  lmvo  a  proper  1 
plication  beforo  him  for  tho  issuo  of  tho  patents  to  Edit 

R.  W.  RUSSELL, 

Of  Counsel  for  Tuos.  A.  Euisi 
Now  York,  May  4th,  1875. 


35rt  the  'sJPoicnf  dDjficc. 


ARGUMENT  ON  BEHALF  OF  EDISON. 


As  to  the  Issue  of  Patents  to  Assignees. 


Tho  Act  of  1837,  see.  6,  enacted  “Timt  any  patent 
hereafter  to  bo  issued  may  lie  made  and  issued  to  the  as¬ 
signee  or  assignees  of  the  inventor  or  discoverer,  tlio  assign¬ 
ment  thereof  being  first  entered  of  record,  and  the  appli¬ 
cation  therefor  being  duly  inndo  and  tlio  specification  duly 
by  tho  inventor." 

Patent  Act  of  1870,  see.  33,  “  Tlmt  patents  may  be 
granted  and  issued,  or  reissued  to  l\\a  assignee  o(  tlio  in¬ 
ventor  or. discoverer,  the  assignment  thereof,  &c.  (samo  as 
in  above  net). 

Revised  Statutes  of  tlio  U.  S.,  1875,  page  055,  see.  4895, 
Patents  may  be  granted  and  issued,  or  reissued  to  the 
assignee  of  tho  inventor  or  discoverer,  but  tho  assignment 
must  first  be  entered  of  record  in  tho  patent  office.  And 
in  all  cases  of  an  application  by  an  assignee  for  tlio  issno  of 
a  patent,  tlio  application  shall  bo  inndo  and  tho  specifica¬ 
tion  sworn  to  by  the  inventor  or  discoverer.” 

,  Tho  act  gives  the  assignee  tlio  right  to  demand  tlio 
issue  of  the  patent  to  himself,  when  ho  1ms  recorded;  his 
assignment,  and  tho  patentee  has  filed  an  application  for 
tho  patent,  and  has  duly  sworn  to  tho  specification.  .  And 
tho  assignee  can  domnnd  the  issue  of  tho  pntont  to  hunsolf 


in  such  case,  oven  although  the  inventor  may  demand  the 
issuo  of  the  patent  to  himself  (Opinion  of  Atty-Gcn. Black, 
vol.  9 ;  Opinions  of  Attys-Gen.  pago  JO.'!,  Nov.  28, 1859), 

Meaning  of  the  ‘ward  “  may." 

The  word  “may,”  in  see.  33  of  tho  Act  of  1870, find 
the  6nmo  word  in  the  Revision  of  1875,  means  “shall,” 
when  the  inventor  has  complied  with  tho  requisitions  speci¬ 
fied  and  tho  assigneo  has  recorded  his  assignment  and  de¬ 
manded  the  issue  of  the  patent  to  himself.  Sco  cases 
whore  tho  word  “may”  in  a  statute  prescribing  the 
duties  of  public  officers  has  been  held  to  mean  “ shall” (1 
Kent’s  Com.  407,  noto  (4),  11th  cd).  Tho  assignee  has  a 
claim  lie  jure  that  tho  power  shnll  bo  exercised.  When  the 
inventor  1ms  made  tho  oath,  filed  tho  spccilication  and  paid 
tho  Ice,  and  tho  assignee  1ms  recorded  the  assignment,  tho 
Commissioner  may  issuo  the  patent  to  such  assignee,  and 
must  do  so  if  tho  assigneo  demands  it.  In  that  sense  the 
act  is  mandatory.  Without  that  demand,  the  Commis¬ 
sioner  is  not  bound  to  take  notice  of  tho  recorded  assign¬ 
ment,  but  may  issue  the  patent  to  tho  inventor. 

Tho  proposition  is  not  sustninablo  that  the  Commissioner 
is  invested  with  a  capricious  power  in  tho  matter,  so  that: 
although  all  the  requisites  of  the  law  have  been  complied  • 
with,  and  all  the  rules  and  regulations  of  tho  oflico  duly 
observed,  ho  may,  whenever  he  chooses  to  do  so,  refuse  to 
issue  tho  pntont  to  tho  legal  owner  of  the  invention.  • .  ft 

It  may  ho  suggested,  however,  that  tlicro  may  bo  casia 
where  the  assignee’s  title  is  defective,  and  Hint  tho  Coin* 
inissioncr  hns  power  in  such  eases  to  reject  his  application. 
The  answer  to  this  is,  that  wliero  tho  assignment  is  pcrfec| 
on  its  face,  and  absolute,  tho  Commissioner  should  leave  tho, , 
inventor  to  his  legal  remedies  to  cnforco  his  claims  as; 

agninst  such  assignment.  ,  : 

Ii  the  assignment  hns  been  obtained  by  fraud,  or  hj  ' 
opon  to  any  other  objection  in  a  court  of  law  or  equity,  tjiOj  ,; 
inventor  can  obtain  redress  in  tho  courts,  and  in  tlifc : 
moan  time  can  abstain  from  applying  for  tho  patent,  prifj  ,■ 


he  hns  applied  for  it,  may  withdraw  his  application.  And 
if  the  assignee  shall  be  allowed  by  tho  inventor  to  obtain 
the  patent  and  is  not  rightfully  entitled  to  hold  it,  a  decree 
may  be  obtained  compelling  him  to  convey  it  to  the  in- 

The  principal  questions. 

The  following  nre  the  leading  questions  arising  in  this 

1.  Whether  Harrington  is,  under  thu  assignment  of  4th 
April,  1871,  an  assignee  of  the  invention  in  question,  within 
the  meaning  of  the  Act  of  1S70,  sec.  33,  assuming  that  the 
instrument,  in  terms,  embraces  the  invention. 

2.  Whether  Prescott  is,  under  the  assignment  of  19th 
August,  1S74,  the  legal  assignee  of  a  moiety. 

3.  Whether  the  Commissioner  is  bound  to  issuo  a  pat¬ 
ent  to  nn  assignee  of  nil  invention  where  such  assignee  hns 
had  notice  of  a  prior  contract  hi  htvor  of  another  person, 
the  same  not  amounting  to  an  actual  assignment  of  the  in¬ 
vention. 

4.  Whether  the  recording  of  such  last-mentioned  docu¬ 
ment  in  the  patent  office  is  sufficient  notico  of  its  contents 
to  the  subsequent  assignee  of  the  invention. 

5.  Whether  tho  assignment  of  4th  April,  1871,  docs  em¬ 
brace  the  invention  in  question. 

0.  What  aro  the  rights  of  tho  parlies  at  law  and  in 
equity,  assuming  tho  assignment  to  Prescott  to  prevail  as 
the  only  legal  assignment  at  this  time? 

Remarks  on  the  Commissioner  s  decision. 

The  Commissioner  of  Patents  holds  that  tho  assignment 
from  Edison  to  Prescott,  dated  10tl|  August,  1S74,  vested  a 
legal  title  in  Prescott  as  assigneo  of  one-half  ol  tho  inven¬ 
tion  in  question,  which  was  then  ready  to  bo  patented ;  and 
that  tho  assignment  dated  4th  April,  1871,  from  Edison  to 
Harrington  did  not  opernto  ns  a  legal  transfer  of  that  inven¬ 
tion,  but  could  only  opernto  ns  a  contract  to  assign  tho  in¬ 
vention  when  it  should  bo  perfected,  or  tho  pntont  for  it 


when  it  should  bo  obtained  by  the  inventor.  The  reason 
given  for  tins  decision  is  that  tho  invention  was  not  made; 
at  tho  dnto  of  tho  assignment  to  Harrington,  4th  April, 
1871. 

Tho  Commissioner  holds  that  tho  inventions  were  made 
at  .tho  date  of  the  assignment  to  Prescott,  19th  August, 
1874.  That  instrument  refers  to  soven  applications  for 
patents  for  the  invention  or  inventions  ns  having  been  pre¬ 
pared. 

Tho  Commissioner  further  holds  that  ho  has  no  right  to 
inquire  into  and  decide  tho  question  whether  Prescott  is 
hound  in  equity  by  any  provious  contracts  betwcon  Edison 
and  Harrington  affecting  those  inventions. 

The  Commissioner  gives  no  opinion  on  tho  question 
(whicli  ho  refers  to,  p.  17)  whether  the  assignment  of  4th 
April,  1S71,  did,  by  its  terms,  embrace  the  inventions  of 
tho  devices  in  question  for  quudruplex  telegraphy.  It  is 
contended,  on  behalf  of  Prescott,  that  tho  instrument  re¬ 
lates  .only  to  automatic  or  fast  telegraphy  nnd  certain 
printing  machinery,  nnd  that  the  quadruples  system  is  not 
a  fast  system  of  telegraphy,  within  tho  menning  of  tho 
phraseology  of  that  instrument  (seo  this  question  discussed 
port ,  p ,2a,  cl  sep) 

As  to  the  truo  dnto  of  tho  invention,  tho  Commissioner 
concludes  that,  undor  the  circumstances,  it  is  to  be  pro-  [ 
Burned  that  it  was  not  made  as  early  ns  4th  April,  1871,  the 
applications  for  the  patents  not  having  been  filed  until'lst 
September,  1874,  as  to  six  of  them,  nnd  not  until  28th  De-  ' 
camber,  1874,  ns  to  Ibe  seventh  pntent.  Tho  Commissioner 
might  have  given  an  additional  reason  for  holding  that  the 
inventions  wore  not  mndo  as  early  ns  4th  April,  1871,  for 
the  caveat,  which  lie  refers  to  in  his  opinion  (p.  18),  ns  tho 
first  record  in  tho  Patont  Office  specifically  referring  to 
theso  inventions,  was  filed. in  1873;  and  ns  that  caveat 
must,  in  compliance  with  tho  requisition  of  tho  statute,  ' 
linvo  declared  that  tho  invention  was  not  thou  completed,  '  ; 


it  disposes  of  ;tho  question  whethor  it  was  completed  ns 
early  ns  4th  April,  1871 — that  is,  assuming  that  tho  Com¬ 
missioner  is  right  in  his  reference  to  thio  caveat  ns  being  a 
caveat  for  tho  inventions  which  afterwards  formed  tho  sub- 
•  jeet  of  the  applications  for  tho  patents  now  in  question. 

Tho  Commissioner  is  in  error  in  saying  (p.  18)  tlint,  in  a 
court  of  equity,  Harrington  will  linvo  to  prove  that  the  in¬ 
vention  was  perfected  at  the  dnte  of  tho  instrument  under 
.  which  ho  claims.  On  tho  contrary,  it  is  well  settled  tlint  a 
contract  to  dispose  of  a  future  invention  is  binding,  and  will 
be  enforced  in  a  court  of  equity  against  tho  inventor,  when 
.  tho  contract  is  not  unconscionable  (see  authorities  cited 
port,  p ./2).  And  such  a  contract  will  also  be  enforced 
against  a  party  having  notice  of  such  contract,  before  ac¬ 
quiring  an  ndvorso  titlo  by  assignment  from  the  inventor. 
These  points  will  be  fully  treated  hereafter. 

The  Commissioner  errs  also  in  saying  (p.  23)  that  Pres¬ 
cott,  whatever  effect  may  be  given  to  tho  contract  with  Ilur- 
■  rington,  must,  in  nny  event,  take  what  ho  [tho  Commis¬ 
sioner]  assumes  to  be  Edison’s  one-third  of  the  title  to  tho 
patents. 

Tho  answer  to  this  is,  that  Edison,  under  tho  contract 
with  Harrington,  4th  April,  1871,  is  to  have  one-third  ot 
the  net  proceeds  of  tho  patents — the  right  to  dispose  of 
Edison’s  one-third  being  given  to  Harrington,  “  the  whole 
to  bo  under  tho  solo  control  of  said  Harrington,  to  bo  dis¬ 
posed  of  by  him.” 

Tho  Commissioner  cites  several  authorities  (p.  24)  in 
support  of  his  proposition  that  Edison’s  assignment  to 
Prescott  must  at  all  events  tnko  effect  upon  Edison’s  one- 
third  of.  tho  patonts.  It  is  unnecessary  to  comment  upon 
those  authorities,  ns  tho  fact  just  mentioned  which  tho 
Commissioner  has  overlooked,  renders  thoso  authorities  in- 
applicable;  Tho  right  of  Prescott  would  bo  confined  to 
Edison’s  share  of  tho  proceeds  of  sales  made  by  Harrington, 
and  this  could  not  give  Prescott  nny  title  to  tho  patent 
itself  as  against  Harrington. 


Tlio  Commissioner  laid  grent  stress  upon  tin's  point  as 
justifying  him  in  granting  the  application  of  Prescott  to 
hnvo  tho  patents  issued  to  him  and  Edison  jointly. 

Tiie  remarks  of  the  Commissioner  (p.  22)  on  the  sub¬ 
ject  of  estoppel  are  not  pertinent  to  the  case.  Tho  doctrine  ' 
of  estoppel,  whether,  by  deed  or  in  pais,  has  no  applica¬ 
tion  here.  If  the  deed  or  4th  April,  1871,  hud  clearly  em¬ 
braced  the  quadruples  invention,  and  if  it  had  operated 
upon  a  perfected  invention,  it  would  have  prevailed  as  a  . 
legal  assignment  over  tho  subsequent  assignment  by  Edi¬ 
son  to  Prescott,  notwithstanding  the  fact  that  Edison  might 
be  estopped  ns  against  Prescott,  from  denying  the  subse¬ 
quent  deed  to  him."  It  is,  therefore,  unnecessary  to  coin-  : 
ment  upon  the  authorities  cited  by  tho  Commissioner  on 
this  point. 

The  only  case  cited  by  the  Commissioner  (p.  20),  for  the 
proposition  that  the  deed  of  4th'  April,  1871,  was  not 
oneetual  to  pass  tho  title  because  the  invention  had  not  then 
been  made,  and  therefore  it  could  operate  only  as  an  exec¬ 
utory  contract,  is  Gibson  v.  Cook,  2  Blntcli.  144,  and  that 
case,  although  not  expressly  overruled,  is  opposed  to  more 
recent  decisions  (see  post,  p./A,  et  seq.,  whero  this  ques¬ 
tion  is  fully  discussed,  with  full  reference  to  the  authorities).  : 

Recording. 

Prescott’s  counsel  apparently  concede  that  tho  record  of 
the  deed  of  4th  April,  1871,  was  notice  of  its  contents  to' 

1  rescott  and  all  parties  concerned  (sco  Conkling’s  argument,1 
P-  ),  and  yet  it  might  have  been  contended  that  tho 
recording  of  that  deed  being  unauthorized,  tho  record  did 
no  operate  ns  notice  ,(seo  this  point  discussed,  and  authori¬ 
ties  cited, post,  p.  ).  \i 

Ejuitalle  rights.— Power  0f  tho  Commissioner. 

,A®  ^  tl'°  question  whether  the  Commissioner  can  look1' 
ja. the  legai  title  of  tho  assignee,  ns  shown  by  a  ro->' 
oided  instrument  operative  as  an  assignment/ 


It  has  boon  contended  in  this  case,  that  tho  Cominis 
ionor  can  sco  to  tho  equitable  rights  of  the  parties— tlml 
io  is  not  bound  by  tho  strict  rules  of  law  ns  distinguished 
rom  tho  principles  which  prevail  in  courts  of  equity,  but 
lint,  on  the  contrary,  he  should  treat  tho  latter  ns  para 

To  this  it  is  replied  that  the  nssiguco  claiming  the  issue 
f  the  pntent  to  himself,  must  claim  under  a  recorded 
’Sigiiinoiit,  and  that  if  Harrington  lias  the  l  ight  in  equity 
)  cnforco  his  prior  contract  with  Edison,  so  ns  to  cut  out 
lie  legal  assignee,  Prescott,  the  Commissioner  has  lie 
owor  to  administer  that  measure  of  remedial  justice  j  that, 
i  tho  language  of  the  Commissioner’s  opinion,  “ho  lias 
ot  the  authority  of  a  court  to  go  outside  the  record  (mean- 
ig  the  records  of  the  •patent  oflicc)  to  consider  evidence 
i  to  outstanding  equities.”  Upon  this,  however,  it  is  to  bo 
jserved  that  there  may  bo  cases  whore  the  Commissioner, 
deciding  upon  tho  application  of  an  assignee  for  the 
sue  of  the  patent  to  himself,  may  have  to  go  outsido  tho 
cords  of  the  patent  oflice.  Thus,  if  there  are  two  eon- 
cting  assignments  recorded,  and  it  is  claimed  that  tho 
m  last  recorded  was  first  executed,  I  be  Commissioner 
wild  have  to  receive  evidence  on  that  point  (see  Conunis- 
mer  of  Patents  v.  Whiteloy,  4  Wall.  37-4). 

It  is  further  contended  by  Prescott’s  counsel,  that  tho 
signment  of  4th  April,  1871,  to  Harrington,  is  not  nil 
sigiinicnt  but  only  a  contract,  and  further,  that  .t  Jo™ 
it  cuibraco  the  inventions  now  in  question. 

Right  of  assignee. 

Suppose  an  assignment  of  the  whole  t  tin  invdntiou 
d  been  made  by  Edison  to  Prescott,  and  it  had  been  ro- 
rded,  and  Edison  had  applied  for  a  patent  in  his  own 
me,  in  that  caso  Prescott  could  have  insisted  upon 
issuo  to  himself.  Ho  would  have  had  tho  statutory 
[lit  to  such  issue,  and  tho  Commissioner  would  not  bo 
itifled  in  refusing  bis  demand  on  tho  ground  that  ho 


[Prescott)  lmd  received  notico  of  n  i>nor  contract  not  amount¬ 
ing  to  ft  legal  assignment  of  the  invention  to  Harrington. 

The  right  of  tlio  assignee  of  an  invention  to  obtain  tho 
issue  of  tho  patent  to  liiinsolf,  dopends  upon  tho  assign¬ 
ment,  not  upon  the  request  or  direction  of  tho  inventor  to 
tho  patent  offico  to  issuo  tho  patent  to  tho  assignee.  Snell 
request  or  direction  is  unnecessary — it  is  not  cnllod  for  by 
tho  statuto. 

1.  As  to  the  Legal  effect  of  the  tivo  Assign¬ 
ments  to  Harrington  and  Prescott, 

Tho  difference  between  an  assignment  and  a  contract 
to  assign  personal  property,  clintlcls  real,  &e.,  ib  well  set¬ 
tled.  There  can  bo  no  actual  assignment  of  n  thing  not  in 
existence;  and  although  it  maybe  tho  subject  of  n  valid 
contract  of  sale,  that  contract  will  not  pass  tho  actual  titlo 
to  tho  thing  sold.  Thus,  a  valid  sale  may  be  mndo  of  tho 
wine  that  a  vineyard  is  expected  to  produce,  or  the  grain 
that  a  field  is  expected  to  grow  (t  Parsons  on  Contracts, 
edition  of  1873,  p.  622,  and  cases  thero  cited). 

Tho  rulo  that  one  cannot  grant  personal  property  in 
which  ho  lias  no  vested  interest  or  title,  was  applied  to  an 
attempted  sale  of  “  all  tho  halibut  that  may  bo  caught  by 
tho  men  and  crew  of  tho  schooner  R.,  on  tho  voyngo  upon 
which  sho  is  about  to  proceed  ”  (Low  v.  Pew,  103  Mass. 
347,  decided  in  1871).  That  was  an  action  of  replevin, 
which  brought  up  tho  question  of  title,  and  it  was  held  that 
tho  contract  did  not  pass  tho  title  to  tho  BbIi  when  caught. 
This  is  a  well  reasoned  opinion  with  an  amplo  referonco  to 
authorities.  Tho  court  observed  thnt  it  is  sufficient  if  the 
seller  has  a  potential  interest  in  tho  thing  sold,  bnt  thnt  n 
mere  possibility  or  oxpoetnncy  is  not  tho  proper  subject  ol 
a  transfer. 

A  contingent  romniudor  created  by  deed  or  will  cannot, 
at  common  law,'  bo  convoyod  beforo  tho  contingency  hap 
pons  (4  Kent’s  Com.  201).  But  this  !b  altered  by  statute 
in  Now  York.  Chom  in  action  are  not  assienablo  at  com 


,n  law,  but  courts  of  equity  protect  tho  assigneo  (2  Bln. 
in.  442).  An  assignment  will  not,  at  common  law,  pass 
or  acquired  property  (5  Taunt.  212).  Rights  not  ra¬ 
ced  to  possession  uro  not  assignable  at  common  law. 
iis  has  been  applied  to  personal  property.  Tho  reason 
signed  is  thnt  it  is  necessary  to  prevent  maintenance  and 
igntion. 

But  theso  almost  ohsoleto  principles  of  tho  common 
w  luivo  no  proper  relation  to  tho  question  now  in  hand, 
int  question  being  wlnit  instrument  of  transfer  is  an  as- 
tjnmenl  within  the  meaning  of  the  patent  Urn,  sect.  33. 

Tho  question  frequently  arises  as  to  what  constitutes  an 
isigmnent  under  tho  pntont  law,  so  thnt  the  assigneo  in) 
inintnin  an  action  in  his  own  name.  Thero  inns  op 
•ords  of  grant  or  transfer  in  the  instrument.  Tho  interest 
mst  bo  transfcrmblc,  and  must  be  actually  trails  cired. 

In  Nicoll  v.  Erie  R.R.  12  N.  V.  121,  it  was  held  ti  nt 
right  of  tho  grantor  in  a  conveyance  in  fee  to  re-enter lor 
reach  of  a  condition  subsequent,  is  not  assigns  o  P 
Licli  breach.  The  possibility  of  reverter  is  no  « 
oupled  with  an  Merest,  but  a  tare  htg  alone,  and 

i  not  embraced  in  the  provisions  1  K.  .  >  *  fc\ 

naking  expectant  estates  in  real  an  perso  11  1 

ilienuble. 

r„uMr «..i.i  XSffA 

right  of  a  lessee  or  his  assigns  to  demand  a  renewal  of  h. 
lease  (Beo  Igguldon  v.  May,  7  East,  -3  ).  y 

certain  whether  tho  right  will  bo  exercised,  but  it  is  assig. 
ablo  with  the  lease.  .....  nf  tl 

It  may  also  die  compared  to  to '«»•*£ 
husband  in  his  wifo’s  lands,  ot  which  ho  y^ 

ztssstt&zv*  ■'»  **  *  *  * 


i  „.Jir — 


band  ;  none  in  law  until  lior  dowor  has  boon  assigned.  It 
lias,  however,  boon  held  that  a  rigiit  of  dowor  was  not  as- 
arguable  beforo  aetual  assignment  of  tho  dower  (Green  v. 
Putnam,  1  Barb.  500 ;  Seott  v.  noward,  3  Barb.  31 ;  Moore 
v.  Mayor  of  H.  Y.  4  Sold.  113).  . 

But  such  assignment  might  constitute  a  contract  to  as¬ 
sign,  which  would  ho  enforced. 

Tho  tenant  by  tho  curtesy  initiato  has  an  inchoate  right 
which  may  bo  convoyed.  This  initiato  estato  may- bo  sold 
on  execution,  and  will  pass  by  an  assignment  of  tho  bus- 
band  s  property  (4  Kent’s  Com.  29 ;  2  Cow.  439;  3  Gray, 

Tho  following  review  of  the  authorities  will  throw  liH.t- 
on  the  questions  to  ho  considered: 

In  Herbert  v.  Adams,  4  Mason,  15,  it  was  held  by  Judge 
Story,  that  an  assignment  of  an  invention  could  be  mado 
the  ...ven  ,o„  ,s  patented ;  that  it  is  a  good  transfer 
of  the  right  of  tho  patentee  immediately  upon  his  obtain- 

adverse  ’title  ’  ‘  “t  “  "■°“l<1  be  ‘°  set  up  any 

of  I V'  Ct-'U0!1,  1  509>  ho],3s  the  assignee 

ofn.i  invention  (not  yot  patented)  may  file  a  bill  in  his 
ovn  name,  under  sect.  10  of  tho  act  of  1S3C,  against  a 

nSinTtl  ’  r  t  I,nto,,teo’  tor  tllu  purpose  of  nn- 
P<  m“ei  t0  him>  m,d  *»  l»>vo  a  patent 
gi anted  to  such  nssigneo.  1 

•  °toko’ 2  Bintci1-  h°>  «•  wa  , 

patent  no t'vet”  7  "'ngra,,t  of«'ut„ro  tenn  of  a  ' 

patent  not  yot  in  esse  (an  extension  of  a  pa  tout!  is  not  tho 

of  sc™  finrr,01  aY°rrn  or  w**ln  tho  sense 
ot  sect.  11  of  the  act  of  July  4,  1830;  and  tho  nVlit  in 
such  an  interest  whon  stipulated  for  rests  only  in  contract 

is 


In  Rnthhiin  v.  Orr,  5  McLean,  132,  Judge  McLean  hold 
that  “an  invention  of  a  iniiehiue  may  as  well  ho  sold  beforo 
as  after  tho  application  for  a  patent.  Tho  thing  invented 
is  the  property  of  tho  inventor  us  much  so  ns  tho  manu¬ 
script  of  an  author.” 

In  Rich  v.  Lippincott,  20  Journal  Franklin  Institute, 
3d  scries,  13,  Judgo  Grier  held  that  an  assignment,  though 
antecedent  to  tho  patent,  is  a  valid  legal  assign  incut  of  the 
invention  afterwards  patented  in  tho  name  of  tho  in¬ 
ventor. 

In  Gnylor  v.  Wilder,  10  IIow.  477,  in  the  Snproino 
[  Court  of  the  TJ.  S.,  it  was  argued  by  Mr.  Wobstcr  that  an 
invention  is  assignable  at  law.  Mr.  Oiiyler,e»nfra,  argued 
that  an  invention  is  not  assignable  independent  of  tho 
;  patent  law;  that,  except  by  statute,  the  iuvontor  has  no 
right  of  property  in  his  invention.  Tho  court,  per  Taney, 
•'  O.  J.,  held  tlint  when  the  invention  in  perfected,  the  in  center 
.  has  a  right  to  a  patent  which  is  assignable,  and  that  such 
an  assignment  vests  in  tho  assignee  the  legal  title  to  the 
patent  when  it  has  boon  issued,  and  that  no  further  or  ad¬ 
ditional  assignment  is  necessary  to  perfect  tho  title  of  tho 
■  assignee. 

Tho  Court  say  tlint  this  was  the  received  construction 
of  the  Act  of  17tl3  on  several  circuits,  and  that  it  had  beon 
held  that  tho  action  for  iulritigeiiicnt  must  bo  brought  by 
such  assignee. 

Curtis,  in  tho  latest  edition  of  his  work  on  Patonts 
(4th  edition,  1S73),  section  173,  says  that  the  decision  of 
tho  Court  in  the  last  mentioned  case  “  gives  a  soinowhat 
broader  operation  to  tho  Act  of  ISiifi^s^Ct^ll^liijn  its 
terms  appear  to  einbrnco.”  Mr.  Gurus  hBr^orronoously 
assumes  that  tho  decision  in  question  applies  to  the  iesuo 
of  tho  patent  to  tho  assignee.  It  has  no  roforcnco  to  that 
subject.  That  was  provided  for  in  tho  Act  of  1837,  which 
did  not  apply  to  tho  enso  beforo  tho  Court. 

Tho  Court  has  recently  carried  tho  principle  of  tho  de¬ 
cision  in  Gnylor  v.  Wilder  a  stage  further  (soo  10  Wal- 


It  is  inferable  from  the  reasoning  of  the  Court  in  Gay- 
lor  v.  Wilder,  that  an  assignment  of  a  partial  interest  in 
the  completed  invention  and  expected  patent  therefor, 
would  vest,  on  the  dolivory  of  the  assignment,  the  legal 
title  in  the  designated  portion  of  the  invention  in  tho 
assignee.  The  Court  treats  a  completed  invention  ns  prop¬ 
erty  assignable  at  common  law.  But  it  is  to  ho  observed 
that  nnder  the  Act  of  1830  such  assignee,  whether  of  the 
whole  or  part  of  the  invention,  would  have  no  right  to  de¬ 
mand  tho  issue  of  tho  patent  to  himself.  Dor  did  the  Act 
authorize  the  recording  of  an  assignment  of  an  invention 
not  yet  patented.  That  right  was  first  created  by  the  Act 
of  1837. 

The  assignment  to  Harrington  in  18  il  being  made 
prior  to  the  invention,  could  only  operate  as  a  contract  to 
assign  the  invention  when  it  should  be  made,  even' if  it  is 
construed  to  embrace  by  its  teruiB  the  invention  in  ques¬ 
tion.  It  cannot  be  regarded  as  such  an  assignment  as  is 
contemplated  by  the  clause  of  tho  Act  of  Congress  which 
gives  tho  assignee  the  right  to  demand  tho  issuo  of  the 
patent  in  his  own  name.  Soo  on  this  point  Curtis  on 
Patents,  4th  ed.  [1873],  see.  183,  note  2,  to  the  offcct  that 
no  present  nBsigmnent  can  be  made  of  nn  invention  not 
yet  in  existence.  Although  this  is  founded  on  a  familiar 
principle,  it  is  to  be  observed  tlmt  no  authority  is  hero 
cited  by  Curtis- which  can  now  be  considered  to  sustain 
the  above  proposition— the  case  cited  from  2  Blntchf.  143, 
being  irreconcilable  with  tho  recent  decision  in  10  Wall. 
307. 

A  contract  in  relation  to  a  future  invention  will  bo  en¬ 
forced  in  a  court  of  equity  when  tho  bargain  is  a  fair  one 
(Nesmith  v.  Calvert,  1  Woodb.  &  M.  41 ;  Curtis  on  Pat¬ 
ents,  sec.  180,  noto).  At  tho  dnto  of  the  contract  4th  April, 
1871,  not  only  was  tho  invention  not  then  made — it  docs 
not  appear  to  linvo  been  in  embryo  or  even  contemplated. 

Equity  will  support  assignments  of  contingent  interests 
aud  expectations,  aud  of  things  which  hare  no  present 


ini  existence,  provided  tho  agreements  are  fairly  entere- 
.  (Story  Eq.  Jur.  see.  1039,  1057,  «;  2  Story  It.  030 
Inre,  440;  Fiold  v.  Mayor  of  N.  Y.  0  N.  Y.  170 
oro  V.  Littol,  41  N.  Y.  06;  see  also  Stoner  v.  Eycks 
icr,  3  Koyes,  020,  nfli’g  40  Barb.  84 ;  Hinkle  v.  Wanzo: 
How.  308). 

Tho  purclinsor  of  nn  expectancy  has  not  nn  interest  i 
property,  hut  a  mero  right  under  tlio  contract.  And 
;he  same  if  there  be  an  instrument  in  writing  in  tl 
in  of  nn  actual  assignment,  for  in  contemplation  ot  equit 
.mounts  not  to  nn  assignment  of  a  present  interest,  bi 
y  to  a  contract  to  assign  when  tlio  interest  becom 
ted.  (See  Purdon  v.  Jackson,  1  Buss.  R.  1 ;  Ilinklo 
Inzer,  17  How.  308). 

In  Eiold-v.  Mayor  of  N.  Y.  (0  N.  Y.  179),  it  was  lie 
-t  “an  assignment  for  a  vnlunblo  consideration  ot  d 
uds  having  at  tho  time  no  actual  existence,  but  wliii 
t  in  expeetnney  merely,  is  valid  in  equity  ns  nil  agu 
nt,  and  takes  effect  as  an  assignment  when  tlio  deman 
ended  to  bo  assigned  are  subsequently  brought  into  t 
nice.”  (That  is  to  say  it  takes  eil'eet  ns  nn  assigning 
der  the  Now  York  Code,  so  that  an  action  may  be  li 

In  Power  v.  Alger  (13  Abb.  475)  it  was  held  that  futn 
Ills  woro  assignable  under  the  New  York  statute. 

A  poiut  has  boon  made,  but  not  tally  argued,  to  t 
ect  that  who.,  an  assignment  is  made  o.f  a  future  mvi 
n,  such  assignment  will  take  legal  effect ;  as  soon as 
, -cation  is  perfected.  In  tlio  case  in  a  •  fi 
..  was  not  on  tho  issue  of  a  patent,  but  was  upon  I 
lo  to  a  patent  already  issued. 

Tho  question  here  is  whether  nn  assignment  of  a 
ution  not  yet  made,  would  bo  bold  to  operate  as  a  lc 
insfer  of  the  invention  at  the  dnto  of  tl.  o  st  nets, 
out  off  tho  right  of  nn  assignee,  holding  an  assignment 
d  invention,  after  it  has  boon  ...ado  and  betoro  the  is 


In  tho  examination  of  this  question  it  is  necessary  to 
consider  the  bearing  of  tiie  recent  decision  of  the  Supreme 
Court  of  the  United  States  in  Railroad  Co.  v.  Trimble  (10 
Wall.  307),  which  has  been  followed  and  applied  by  very 
recent  decisions  on  Circuit  in  New  York  and  Massachusetts. 

In  that  case,  in  the  Supreme  Court,  it  was  held  that  “a 
grant  by  a  patentee  of  an  extension  of  a  patent,  before  any 
extension  has  issued,  will  carry,  if  the  torms  of  tho  grant  bo 
proper  ones,  tho  legal  as  well  as  tho  equitable  intorest  in 
tho  patent.” 

That  decision  must  bo  regarded  ns  overruling  the  decis¬ 
ion  in  Gibson  v.  Cook  (2  Blotch.  1-19,  cited  supra),  which 
is  tho  case  relied  upon  by  Prescott’s  counsel  in  tho  argu¬ 
ment  boforc  tho  Commissioner  of  Patents.  It  was  a  case 
3n  an  extended  patent. 

Judgo  IngcrsoII’s  decision  in  Day  v.  Candco  (3  Fisher, 
9),  is  ulso  overruled.  It  was  there  held  that  “a  pntentco 
innnot  convey  nil  extended  patent  before  tho  extension.  He 
may,  however,  agree,  upon  a  valuable  consideration,  to  con¬ 
vey  such  right  when  it  shall  bo  vested  in  him.” 

In  Aiken  v.  Dolan  (3  Fisher,  197),  decided  by  Judgo 
Cadwnlludcr  (in  1807),  a  patentee  had  agreed  that  ho  would, 
ipon  certain  conditions,  assign  to  B.  an  extended  term.  It 
vas  held  that,  if  tho  conditions  had  been  fulfilled,  B.  would 
mve  boon  tho  equitable  owner. 

In  Rnggles  v.  Eddy  (5  Fisher,  581 ;  10  Blntch.  52),  dc- 
lided  by  Judge  Woodruff  in  June,  1872,  S.  assigned  toR.  n 
intent  and  any  extension  of  the  samo  which  might  be  thcre- 
iller  granted.  Tho  assignment  was  recorded.  “Subsc- 
picntly,  tho  patent  was  extended  to  S.,  and  lie  afterwards 
issigned  to  E.  all  his  interest  in  tho  extension.  E.  wont  on 
o  uso  tho  invention,  and  was  sued  by  R.  in  equity  ior  in- 
ringeineiit.  Hold,  that  tho  right  to  tho  oxtended  torin 
inssed  to  R.,  tho  first  assignee. 

“  The  title  of  R.,  if  regarded  ns  an  equitable  title,  issnf- 
iciont  to  enable  him  to  sue  E.  in  equity,  E:  having  tnkon 
itle  after  the  assignment  to  R.  was  recorded.” 

“  But  eemlle,  that  R.  took  tho'Iegal  titlo.”  ■ 


“  Tho  enso  nbovo  first  cited  (Railroad  Co.  v.  Trimble,  10 
Wall.  387)  tends  to  show  that,  in  fact,  tho  complainant  has 
tho  logal  title.” 

It  will  be  observed  that  the  assignment  to  R.,  being  effi¬ 
cient  ns  n  legal  transfer,  it  of  right  prcvuilod  against  tho 
subsequent  assignment  to  E.,  irrespective  of  tho  fact  that  tho 
assignment  to  R.  was  recorded  before  tho  assignment  to  E. 
was  made.  It  might  bo  contended  tlint  there  was  no.  legal 
nuthority  to  record  the  assignment  to  R. ;  that  tho  act  of 
1830,  see.  11,  relates  only  to  assignments  of  patents  which 
hnvo  been  actually  issued  at  tho  dato  of  the  assignment  (sec- 
36  of  the  act  of  1870  is  to  tho  snmo  effect). 

Tho  provision  in  the  act  of  1837,  sec.  0,  authorizes  tho 
recording  of  an  assignment  of  an  invention  before  tho  pat¬ 
ent  is  issued,  for  tho  purpose  of  giving  the  assignee  the  ' 
right  to  hnvo  tho  patent  issued  in  his  own  nnine.  Tho  act 
I  of  1870,  see.  33,  is  to  the  same  cfleet.  But  these  provisions 
do  not  authorize  tho  recording  of  an  assignment  of  tho 
right  to  nn  extended  term  before  such  oxtonsion  has  been 
granted.  Such  nn  assignment  is  not  embraced  by  tho 
words,  “Evory  pntent  or  any  interest  therein  shall  bo  ns- 
signnblo  in  Inw ;  ”  and  said  assignment  shall  bo  void  as 
against  any  subsequent  purchaser,  &c.,  “  unless  it  ho  re¬ 
corded  in  tho  Pntent  Office.”  (Seo  on  this  point  Curtis  on 
Patents,  sec.  183,  note  2,  4th  ed.) 

Gear  v.  Grosvenor,  0  Fisher,  314,  March,  1873,  3  Off. 
Gnz.  Pat.  380,  in  equity,  Shepiey,  Judge,  held  that,  “n 
conveyance  made  before  a  grant  ot  extension  becomes  op¬ 
erative  upon  tho  right  ns  soon  ns  tho  extension  has  been 
granted,  and  by  forco  of  such  conveyance  tho  legal  title 
under  the  extended,  ns  well  ns  tho  original  term,  passes 
to  the  grantoo.”  Tho  Court  cited  tho  nbovo  caso  in  10 
Wall,  ns  deciding  that  preciso  point. 

Respondent’s  counsel  in  Gear  v.  Grosvonor  contended 
that  the  assignment  of  N.  Gear  to  Alonzo  S.  Gear  was  de¬ 
livered  before  the  extension  was  granted,  and  that  Alonzo 
S.  Gear  did  not  take  thereby  n  vested  legal  title,  but  only 
an  equitable  interest,  capable  of  being  perfected  by  a  court 


of  equity,  in  the  event  of  a  refusal  by  N.  Gear  to  porfcct  it 
by  a  subsequent  conveyance. 

Remarks  on  the  case  of  R.  R.  v.  Trimlle ,  10  Wall.  857. 

In  tlio  also  in  10  Wallace,  tbe  court,  per  Swnyno,  .T., 
held  tlmt  the  effect  of  the  contract  in  thnt  case  to  assign 
the  expectant 'extension  of  the  patent,  had  been  settled  by 
the  court  in  Gaylor  v.  Wilder,  which  is  quoted  at  length. 

The  court  appear  to  liavo  considered  tlint  the  incipiont 
or  inchoate  right  of  an  inventor  to  liavo  an  extension  of 
his  patent  oil  the  happening  of  a  ccrtnin  event,  is  liko  the 
inchoato  right  of  an  inventor  (who  has  perfected  his  in¬ 
vention)  to  obtain  a  patent,  and  which  right  the  court  in 
Gaylor  v.  Wilder  hold  to  bo  the  subject  of  a  legnl  assign¬ 
ment  (ns  to  this  sco  ante,  p.  11). 

It  does  not  follow,  from  this  decision,  thnt  tlio  assignee 
of  a  projected  invention  which  tlio  intonded  inventor  pro¬ 
poses  to  try  to  nuiko  at  sotno  futuro  timo,  becomes,  by  vir¬ 
tue  of  such  assignment,  the  legal  assignee  of  tlio  invention 
as  soon  ns  such  invention  has  been  made,  far  loss  thnt  he  is 
evor  to  be  regarded  for  any  purposo  whatever  ns  a  legal 
assignee  nt  tlio  date  of  the  instrument  of  assignment. 

In  a  passage  in  the  opinion  of  tho  court  ns  given  by 
Swnyne,  J.,  in  Railroad  Co.  v.  Trimble,  he  appears  to  have 
overlooked  the  distinction  botween  an  assignment  of  nil 
invention  not  yet  made  nnd  an  assignment  of  a  perfected 
invention  which  has  often  boon  treated  as  property  trnns- 
ferrnblo  nt  common  law.  Thnt  distinction  was  fully  recog¬ 
nized  by  Chief  Justice  Timoy  in  Gaylor  v.  Wilder.  He 
held  thnt  tho  inventor,  Fitzgerald,  hail  nn  inchonte  right  to 
obtnin  a  patent,  nnd  ho  says:  “Fitzgerald  possessed  this 
inchoate  right  nt  tho  time  of  tho  assignment.  Tlio  dis-  . 
cover i/  hatl  keen  made  and  tho  specification  prepared  to- 
obtnin  a  patent.”  Tlio  importance  of  thnt  rcinnrk  will  bo 
recognized  on  perusing  Mr.  Webster’s  nrgmnont  in  tho  S 
:ase.  .  , 

In  tho  case  of  tho  Railroad-Co.  v.  Trimble,  the  court  ns- 
wne  that  tho  decision  in  Gaylor  v.  Wilder  was  nn  authority  ' 


to  support  tho  proposition  that  tho  deed  of  Howo 
Trimble,  dated  0th  July,  1S44,  assigning  certain  p 
which  had  been  granted  to  IIowc,  and  also  patents 
might  thereafter  he  granted  to  him  for  iinprovemen 
the  said  patented  inventions— with  words  sufficient  t 
brace  extended  terms — was  sufficient  to  transfer  tho 
title  to  an  extended  term,  of  n  patent  for  nil  improve 
for  which  improvement  n  patent  was  afterwards  gn 
dated  2Sth  August,  1843.  That  patent  was  extended 
/  August,  1SG0,  for  7  years. 

;  The  facts  of  the  caso  of  R.  R.  v.  Trimble  nre,  tlial 
'  the  pntont  of  2Sth  August,  1840,  for  an  improvomcii 
■,  been  issued,  blit  before  the  grant  of  tho  extended 
1  the  administrator  of  IIowc,  the  patentee,  assign 
51  Trimble,  by  deed,  dated  15th  September,  1834,  the 
\  iiitorcst  in  tbe  patent  of  1S4G,  for  thu  iinprovemcnt, 

:j  lie  held  in  the  other  pntonts.  So  that  Trimble  held  a 
titlo  under  tho  patent  for  the  iinprovemcnt  which  line 
I  mndo  subsequent  to  tho  original  deed  of  9th  July, 
i  and  Trimble's  right  to  the  extension  of  tlint  patent  1 
f  from  tho  conveyance  of  the  patent  by  the  deed  of 
September,  1854,  coupled  with  the  terms  ol  the  or 
deed,  which  were  sufficient  to  embrace  an  extension. 
Rnilrond  Company  claimed  under  nn  adverse  assign 
mndc  prior  to  the  assignment  of  15th  September, 
but  tlio  jury  found  thnt  such  prior  assignment  had 
abandoned  nnd  was  inoperative. 

In  tho  present  case,  so  tarns  the  issue  of  the  pnti 
concerned,  tho  question  is  simply  whether  the  nssigi 
nn  invention,  not  made  at  tho  time  of  tho  assignment, 

,  nssigniio  within  tho  meaning  of  the  Act  of  1S70,  sc 
not  whether  such  nssigneo  is,  after  tlio  pntont  hash 
issued,  mi  assignee  within  tho  meaning  of  sec.  30  of 
'same  act. 

In  the  controversies  in  tho  courts  respecting  tho  pat 
alter' it  shall  have  boon  issuod  for  tiic  invention  of 
qiindniplex,  tho  question  will  como  up  for  dotorminnt 


whether,  on  tho-  authority  of  tlio  cnso  in  10  Wallace,  an 
assignment  of  an  invention  beforo  it  is  made,  will  tnko 
.  legal  o fleet  after  tho  issue  of  tho  patent.  If  it  bo  liuld  to 
do  so,  tho  assignment  to  Harrington  being  prior  to  tho 
assignment  to  Prescott,  the  former  must  prevail  if  it  bo 
held  to  embrace  tho  invention. 

According  to  Judge  Story’s  decision  in  tho  case  of  Her¬ 
bert  v.  Adams,  4  Mason,  16  (quoted  beforo  in  this  brief,  p. 
10).  an  assignment  of  an  invention  not  patented,  takes 
oftcct  when  the  patentee  issued,  and  operates  by  way  of 
estoppel  against  the  assignor.  n0  is  probably  speaking  of 
an  invention  perfected,  although  not  patented.  It  is  set¬ 
tled  by  lator  decisions  that,  in  such  cnso  the  assignment 
acts  directly  on  tho  legal  title,  and  not  merely  by  way  of 
estoppel,  lint  it  is  nowhere  laid  down  that  where  an  in- 
tended  invention  is  assigned,  tho  assignment  will  take  legni 
o  ee  as  soon  as  the  invention  is  nindo,  and  bofore  patent 
•ss.,0.1.  l|,o  instrument  is  a  more  contract.  Nor  after 
tno  patent  has  been  issued,  would  the  assignment  have  a 
retroactive  efleet,  except  as  against  tho  assignor  himself. 

V  V  ,  e"'0!>ptive  effect,  see  Field  v.  Mayor  of  N.  Y. 

(0  N  \ .  no),  quoted  before  in  this  briof,  page  IX  » 

1  here  are  some  eases  in  which  tho  courts  will  probably 

cognize  die  dlst"lction  between  an  assignment  of  an  in- 

ven  ion  already  made  and  an  assignment  of  an  invention 
ot  jet  made.  According  to  Curtis  on  Patents,  this  dis¬ 
tinction  is  recognized  by  the  Patent  Act  in  the  clause  au¬ 
thorizing  the  issue  of  tho  patent  to  tho  assignee  (Curtis  on 
P  tents,  see.  183,  note  2).  I„  considering  this  question,  it 
horn*  ° lm,,ortnnt  to  "otieo  the  decisions  on  the  distinction 
bet  ee  grin  tot  a  patent  right  and  a  license,  ns  to  which'!, 

3  Storv°  1 no  ’  r’  St0r^’  5J3  >  w"8liburu  v.  Gould, , 
Cur  o’,  p7  lmy  lm°r>  v‘  Coming,  How.  210;  ! 
tmrtis  on  Patents,  see.  195.  *>> 

tinetL^vi  V'  ^'lrt18l,orn  (1™'B  Dig-  PP-  120,  403)  a  dis-.* 
meat  in  •  '"UJ°  ljot"'oe,>  »'»  assignment  and  an  agree*. S; 
soign  a  patont— that  tho  party  boldiug  tho  con- 


:  tract  had  no  authority  to  grant  liconsos :  that  the  patent 
must  iirst  bo  assigned  to  him.  See,  also,  Whoolcr  v.  Mc¬ 
Cormick,  4  Official  Gaz.  Pat.  C92. 

The  Attorney  General,  Pluck,  (Opinions  of  Attorneys 
General,  vol.  0,  p.  403,  Nov.  28,  lsfiO)  did  not  recognize 
the  distinction  now  in  question.  Referring  to  a  contract, 
whereby  A.,  an  inventor,  stipulated  with  certain  parties 
thnt  they  should  have  the  ownciship  »f  all  inventions  oi 
improvements  which  he  might  thereafter  make  upon  certain 
patents  hold  by  them,  Attorney  General  Black’s  opinioi 
was  that  under  that  contract  tho  parties  referred  to  won 
entitled  ns  assignees  to  have  the  patent  for  an  improveinem 
nindo  by  A.  issued  in  their  own  names,  although  tho  in 
ventor  demanded  the  issue  of  tho  patent  to  himself.  Tliii 
opinion  would  probably  lie  held ’by  the  Courts  to  be  erro 
\  neons.  Seo  tho  argument  ywsf,  p. 

The  Assignment  to  Harrington,  4th  April, 

■  1871,  whether  it  embraces  the  Qiualrwples. 
in  its  terms. 

An  important  question  is,  whether  the  assignment  ot  4tl 
April,  IS71,  contains  words  sufficient  to  embrace  the  quad- 
ruplex  system.  The  partnership  contract  of  1S70  does  no 
contain  words  importing  a  grant  or  assignment,  but  is  n 
terms  a  mere' executory  contract.  Therefore,  it  cannot  now 
be  trentod  as  an  assignment,  under  tlm  Patent  Act,  sec.  33. 
And  it  seems  that  it  cannot  lie  treated  as  an  assignment 
under  sec.  30,  after  the  patent  has  been  issued,  but  that  it 
is  a  mere  contract  to  assign. 

The  assignment  of  4th  April,  1871,  may  bo  proved  to 
refer  to  (although  it  docs  not  recite)  the  partnership  agree¬ 
ment  between  Edison  and  Harrington  of  1st  Oetobor,  1870. 
The  instrument  of  ith  April,  1871,  speaks  only  of  an  agree¬ 
ment  on  tho  part  of  Edison  to  invent  “  instruments  and 
machinery  that  should  successfully  i  1  ccoi  o  c  11)  do  el¬ 
ope  into  practical  use  the  Little  or  other  system  of  auto¬ 
matic  or  fast  system  of  telegraphy,  and  subsequently  to 


VI'  l,uliecc  81,011  instruments  and  machinery,  bv 

adding  thereto  such  further  inventions  ns  experience  should 
demand  and  my  ability  as  an  inventor  and  electrician 
might  suggest  and  permit.” 

Tlio  contract  of  1st  October,  1870,  was  not  recorded  at 
the  date  of  the  assignment  from  Edison  to  Prescott.  19th 
August,  1874. 

It  will  bo  observed  that  the  assignment  of  4t|.  April 
1871,  does  not  specifically  rofor  to  tlio  contract  of  1st  Octo- 
;ior,  1870,  nor  to  any  contract  as  having  been  mndo  in  writ- 
"«'•  0,1  ‘'cf erring  to  tlio  contract  of  1st  October  1S70  it 
vdl  bo  found  to  include  all  of  Edison’s  future  inventions’ of ' 
my  kind,  except  such  as  were  included  in  certain  contracts 
letwecn  Edison  and  the  Gold  and  Stock  Co.  Tlio  contract 
'raph  L°",lnC<l  t0  ,,‘v0l,t,0"s  feinting  to  tlio  electric  tolc- 

Jhe  Quadruple*  is  not  a  «  fast  ”  system  of  telegraphy, 
Iit/un  the  meaning  of  the  deedofith  April,  1871. 

Tlie  automatic  system  of  telegraphy  is  called  a  “  fast  ” 
yS,L  bc  L  fl  B  e  t  be  g  b  ikon  ami  closed  bi¬ 
fid!!^;,  0p0M  ii0"  •iS,  1,0,f0,'mc(1  «“•«*  Kfentc'r 

ft£,  .,SrSS:blC  f  I”  “I!  systems 

1  tclegu.pl, y_ other  than  the  automatic,  the  speed  of  the 
..mem, s  ion  limited  by  the  capacity  of  the  operator’s 

ltcn nst  s  ‘  V  “  Uy  °r  ^  b0iml  the 

uto  nil  IC  system,  having  the  advantage  of  machine  over 
and  labor,  is  called  the  “  fast  ’’  system 
itlf,r:r “  '“0t,.tm",S",ittud  br  *1'°  Qu"<ln.plox  system 
•stem  o.  the  1"  'tiS  ^ 11,0  U™C  0r  tllu 

issioii  0t  101'°  16  Mjr  ndditiomi1  Sliced  in  ti.o  trans¬ 

it  has  for  several  years  past  been  customary  to  sneak  of 
o  automatic  system  as  -  the  automatic  or  iLt  system.” 


Many  instances  aro  given  in  the  brief  of  Messrs.  Ashton, 
Lowory  &  Doubling,  pages  18  to  27.  On  the  other  hand, 
Mr.  Harrington  rotors  (Ilarrington’s  Brief,  pages  10  to  ID) 
to  articles  in  “  Tho  Journal  of  tlio  Telegraph  ”  and  tlio 
“  Tho  Telegrapher,”  in  which  the  Quadruplox  system  is 
ombraced  in  tho  general  description  of”  last  systoms.” 

Mr.  Harrington  argues  (pugo  21)  that,  although  in  some 
eases  “  automatic  ”  and  “  fast  ”  have  been  used  as  appar¬ 
ently  synonymous,  yet  that  has  only  been  by  parties  inter¬ 
ested  in  some  systom  of  automatic  telegraphy  which  they 
puff  ns  ”  the  fust,”  and  it  is  observed  that,  in  this  souse,  Mr. 
Harrington  has  himself  call  tho  “  Little  ”  system  ”  the  fa  el 
system.” 

Many  of  tho  citations,  however,  in  tho  brief  of  Prescott's 
connsol  from  telegraph  litornturo  do  not  appear  to  be  open 
to  that  criticism. 

Tho  words  in  the  recital  of  the  assignment  of  4th  April 
1871,  “  the  Little  or  other  system  of  automatio  or  fast  ays 
tem  of  telegraphy''  relate  solely  to  automatic  telegraphy— 
tho  word  ‘‘automatic”  is  treated  therein  ns  equivalent  tc 
”  fast.”  And  it  is  customary  to  so  explain  what  is  meant 
by  “  automatic  telegraphy,”  as  the  word  11  automatic  is  o 
itself  insnllicient  to  describe  or  characterize  the  system. 

“  Automatic”  is  defined  by  Webster  thus!  "  Having 
the  power  of  moving  itself— applied  to  machinery.”  “  Tin 
term  automatic  is  now  applied  to  self-acting  machinery,  oi 
such  as  has  within  itself  tho  power  of  regulating  entirely  iti 
own  movements,  although  tho  moving  force  is  derived  from 
without.”  In  the  brief  of  Prescott’s  counsel,  citations  ar< 
made  (Brief,  p.  1C)  from  tho  report  of  the  National  Tclo 
graph  Company  in  1807,  which  contains  tho  phrase,  “/«« 
or  automatio  telegraphy 

On  pngo  20  of  tho  eiitno  brief,  is  a  quotation  from  t\v< 
Reports  of  the  Postniastor  Gonornl,  speaking  of  “  the  faa 
or  automatic  system.” 

In  tho  sa.no  brief  (p.  20),  rcforouce  is  made  to  the  eon 
tract  between  Harrington  and  Little,  dated  September  22d 


1871,  respecting  wlmt  is  tliero  described  as  “a  system  of 
automatic  or  fast  telegraphy” 

,Tho  circular  of  the  Automatic  Telegraph  Oo.,  Jamiarv 
-Sth,  1874,  is  also  referred  to  ns  containing  the  passage, 
concerning  tli o  automatic  or fast  si/slcm." 

And  Prescott’s  counsel  make  sovoral  quotations  from 
publications  relating  to  the  electric  telegraph,  to  show  that 
tlio  rfiyrfea.  or  “ quadruple*”  system  is  not  therein 
Tltof'o  ^S^tc,n(Pri“tcd  Brief  of  Prescott’s  com, sol, 
the  Pm  f’  2f  '  r°"  1>ns°  24  18  “  ,‘orurcilco  to  the  report  of 
the  Postmaster  General  in  1872,  speaking  of  «  duplex  »  as 
doubling  the  capacity  of  lines,  and  of  the  “  fast”  or  auto- 
mclw  system,  by  which  one  wire  is  made  to  do  the  work 

rer™",^tllrlr"<1,  Mr.  Harrington  (Brief,  pp.  18, 10) 
efeis  to  The  Telegrapher,”  September  20th,  1874,  Jami- 
TeW  lctl*>  1371,  and  “The  Journal  of  the 

Teleginpli,  September  15th,  1874,  where,  in  speaking  of 

dunlcvCo’"8,’  01 1  fllSt  tc,t‘KrnP,ly>”  the  nutonmtie  and  the 
du,,!^  „  e  referred  to  ns  if  they  were  both  fast  systems. 

JZJEzzr’  '*  "*"  l“"  ■ — “«■ 

Court' Ml  th°  e0r"'et,°"  °f  ",e  '"ctrument  is  for  the 
o.  w  ’  "07':",eIcSS'  W"«  'ta  aid  the  testimony 

pi  t  2  IT  l0?1"'"  'eTr,"6,0l'nrt  (i  P”reo,ls  011  Contracts, 

Dnv  V  Still’  Vrc'TT"  8  D,fJ-  Agreements,  B,  see.  50  ; 

Hay  .Stillman,  MS.  Giles,  ,T.  Md.  1850). 

Where  certain  terms  are  used  in  a  grant  which  have  a 
''ell  known  general  meaning,  that  wilUo  adopted,  unless 
appears  that  a  different  meaning  was  intended  hr  them 
(per  Ingorsoll,  J.  Day  v.  Cary,  ut’e  Dig!  p.  S,  1  ^ 

As  to  the  Appeal  to  the  Secretary  of  the 
Interior . 

.assssss  i 


duties  respecting  tho  granting  ami  issuing  of  patents,  which 
heroin  are  or  may  hereafter  ho  by  them  directed  to  bo  dono.” 
Upon  this  clausa  a  question  arises  whether  the  Commis¬ 
sioner  is  to  act  ns  he  may  bo  directed  by  tho  Secretary  of 
tho  Interior,  in  any  special  case,  without  exorcising  his  own 
judgment  in  tho  matter. 

Supposing  tho  Secretary  of  the  Interior  can  entertain 
tho  appeal  from  tho  decision  of  tho  Commissioner  in  tins 
case,  directing  tho  principal  examiner  to  issuo  tho  patents 
to  Edison  and  Prescott,  can  the  Secretary  of  tho  Interior 
order  tho  examiner  to  issue  the  patents  to  Edison  alone,  or 
to  Edison  and  Harrington  jointly,  and  in  that  case  can  tliero 
bo  an  appeal  from  that  order  to  the  Supremo  Court  of  tho 
District  of  Columbia?  An  appeal  is  given  to  that  Court 
by  tho  act.  of  1870,  see.  4S,  from  tho  decision  of  the  Com¬ 
missioner  in  the  cases  thoroin  referred  to;  but  no  appeal  is 
given  to  or  from  tho  Secretary  of  tho  Interior,  in  any  case. 

Tho  Patent  Act,  see.  52,  provides  “  that  whonovor  a 
patent  or  application  is  refused  for  any  reason  whatever, 
cither  by  the  Commissioner  or  by  the  Supremo-Court  of  the 
District  of  Columbia,  upon  appeal  from  the  Commissioner, 
tho  applicant  may  have  remedy  by  bill  in  equity  see  re¬ 
marks  on  this  section,  Hull  v.  Commissioner  ot  Patents, 
Supreme  Court,  D.  C.  Ollicial  Gazette,  vol.  7,  p.  o59). 

Under  this  net,  a  suit  may  be  brought  by  Edison  against 
Prescott  to  test  the  question  whether  Edison’s  application, 
as  it  now  stands,  is  lawfully  refused.  If  the  a  lj  I  t  on 
bo  in  favor  of  Edison,  the  Commissioner  wd  bo  thereby 
“ authorized”  to  issuo  the  patent  to  him.  Tin*  suit  may 
bo  brought  in  a  Circuit  Court  of  the  United  States  on 
notice  to  adverse  parties.”  But  the  question  before  t  o 
•  Court  in  such  case  will  not  bo  as  to  the  equities  of  lie  - 
ties.  but  will  iio  as  to  tho  legal  right  of  Edison  to  demand 
the  issuo  of  tho  patents  to  himself  alone. 

By  tho  act  of  1880,  sec.  1,  it  «•  made  the  duty of 
Commissioner  of  Patents,  “  under, the  thredums  of  theSe c- 
retan,  of  State,”  to  superintend  and  perform  all  acts  touch- 


ingtho  granting  of  patents.  Tho  Secretary  of  the  Interim 
therefore,  merely  tnkos  the  place  of  tl,o  Secretary  of  Stat 
mulor  the  former  law.  J  ' 

on  J,la„Cft  f'1’  lm>  eh- 108  e  state.  „t  Large 

dJ.  ),  enacts  that  the  Secretary  of  tl.o  Interior  shall  oxer 
e.»e  and  perform  all  the  acts  of  sujternhwn  ,n„l  anneal i, 
legard  to  the  oflico  of  Commissioner  of  Patents  now  exer 
cised  by  the  Secretary  of  State  ” 

1,10  -  'O  whether  it 

JsASBSfr"  *  “n  lr0nr’  Att0r"^  Gone™' 

timates  I  ,  f  AMo™cys  Ge"eral-  vol. 13,  p.  20),  ho  in¬ 
fer  revisinir  tl'.o'T  ''VT'*  ,nndo  ““I**  Provision 
ca  es  I,  7  t.1'0,.(I.C0l8,0,ls  of  ‘>'0  Commissioner  in  proper 
C  Bio  .  oV  mp  m.J'’.tl10  ImrticS  ™'"l>l«iningof  the  dc- 

. 

&-^“S=SSs: 

ignatnro  to  a  patent  l  a  ?PW  S?"!"":y  withhold  his 
»■. » *» ,« «», . 


In  Whitoloy  v.  Fisher  (4  Fish.  Pat.  Cns.  248),  an 
tion  against  the  Commissioner  lor  rotusmg  to  issue 
patent,  it  was  held  by  the  Supremo  Court  ot  the  Disti 
of  Columbia  that  the  duty  of  issuing  patents  devolves  tt| 
the  Secretary  of  the  Interior— the  duty  ot  countersign 
and  affixing  the  seal  of  office  to  a  patent,  upon  the  Com. 
sioner.  .... 

On  referring,  however,  to  section  31  of  tlie  net  ot  u 
it  will  bo  seen  that  it  is  the  Commissioner  who  is  to  doi 
oti  the  application  lor  the  patent.  “  The  Commissu 
Ml  came  ««  examination  to  bo  made  of  the  alleged 
invention  or  discovery,  and  if, on  such  examination,  it, 
appear  that  the  claimant  is  justly  entitled  to  a  paten 
dor  the  law,  and  that  the  same  is  sufficiently  use lul  ami 
portent,  the  Commissioner  shall  issue  a  patent  theiefo, 

The  act  (section  21)  retpiires  patents  to  be  signet 
the  Secretary  of  the  Interior  and  countersigned  by  the 
missioner.”  In  1  lull  v.  Commissioner  ol  Patents  (7  Ot 
Gazette  Patents,  561),  Judge  01b.  says  that  the  Sec 
of  the  Interior  really  controls  the  issuing.  . 

the  same  case,  says :  “It  is  the  duty  ot  the  Commrn 
alone  to  say  whether  the  patent  shall  be  allowed 
If,  however,  the  Secretary  ol  the  Intone,  should 
opinion  that  he  has  the  power,  and  th  it  it  is 
any  particular  ease  to  exercise  that  powei,  o  om 
merits  of  any  decision  of  the  Commissioner  o 
might,  upon  such  revision,  decline  to  sign  the i  mUi  it  * 
by  the  Commissioner,  lie  might,  at  the  b 
gLt  to  the  Commissioner  that  he  should  reeonsulc.  th 
If,  upon  such  reconsideration,  ho  should  111 

conclusion  ns  the  Secretary,  then .the  patent  woiddbc 
but  if'  the  Commissioner  should  rota...  ;>6.to‘  ^  l 
no  patent  would  bo  issued,  and  the  applicant  «o,,ld 
to  Ids  remedy  by  appeal  to  the  Supreme  Court  of  tl, 
triet  of  Columbia,  or  an  appeal  under  section  52, 
appears  to  ho  incompatible  with  the  idea  P 

jurisdiction  in  the  Secretary  of  the  Interior.  , 


iSyksp- 


ary  power  to  withhold  his  signature  to  a  patent  which  tho 
Commissioner  lias  legally  ordered  to  bo  issued,  can  bo  testod 
by  mandamus.  A  writ,  of  mandamus ,  however,  will  not 


be  allowed  by  tho  Supremo  Court  of  the  District  of  Colum¬ 
bia  against  tho  Commissioner  of  Patents,  whore  the  lnw 
submits  tlie  subject  to  his  opinion  (U.  S.  v.  Bigolow,  7  Off. 
Gnz.  Pat.  001). 

It  may  be  contended  that  the  signature  of  the  Secretary 
is  required  merely '  for.  the  ptirposo  of  verification.  Tlio 
question  whether  lie  can  refuse  to  sign  a  patent  which,  on 
tho  faco  of  the  proceedings,  appears  to  lmvo  been  properly 
issued,  may  bo  of  importance  in  interference  eases,  whore  a 
party  having  a  patent  may  desiro  to  prevent  tho -issue  of 
another  patent  to  his  adversary.  That  might  present  n 
proper  case  for  an  application  for  a  mandamus,  ns  tho  ap¬ 
plicant  would  otherwise  bo  without  remedy. 

The  Secretary  niny  with  propriety  examine  jurisdictional 
questions,  and  refuse  his  signature  whore  tho  Commissioner 
has  exceeded  his  jurisdiction.  Even  if  tho  Secretary  lias  a 
discretionary  power  in  relation  to  tho  grant  of  a  patent,  it 
does  not  follow  that  tho  Commissioner’s  concurrence  can  bo 
dispensed  with,  seeing  that  section  31  of  the  act  directs  him 
to  decide  the  question. 

Allowing  that  tho  Secretary  has  tho  right  to  withhold 
his  signature,  in  a  case  where  tho  Commissioner  has  noted 
within  his  jurisdiction,  it  is  to  be  presumed  that  ho  would 
not  do  so  in  a  doubtful  case,  and  that,  in  deciding  the  ques¬ 
tion  whether  lie  should  refuse  to  append  Ids  signature,  lie 
would  not  undertake  to  exercise  full  appellate  jurisdiction 
and  receive  any  additional  ovidcnco  in  the  case,  but  would 
merely  decide  upon  tho  enso  ns  mndo  beforo  tho  Commis¬ 
sioner.  Even  wlioro  hppellnto  jurisdiction  is  given  to  tiio 
Supreme  Court  -of  the  District  of  Columbia,  the  enso  is 
heard  on  tho  ovidunco  beforo  tho  Commissioner. 

The  Secretary  of  tho  Interior  might  with  propriety  sug¬ 
gest  to  tho  Commissioner  that  thoro  nro  somo  important 
points  wliioli  wore  overlooked  in  tho  nrguinont'boforo  him, 
and  that  thoro  should  bo  a  rehearing  on  those  points  (seo 
post,  p.  ). 


The  Equities  of  the  Case. 

The  contract  between  Edison  and  Prescott,  dated  19th 
August,  1874,  provides  that  they  shall  have  an  equal  inter¬ 
est  in  “  any  future  improvements"  mndo  by  elthsr  party. 
And  Prescott  agreed  to  pay  “all  the  future  expenses  and 
cost  of  specifications,  drawings,  models,  Patent  Office  tees  . 
and  patent  solicitors’ and  agents’  fees,”  &c.  The  W.  U. 

Co.  claim  that  tlioy  employed  Edison  to  mako  the  invention 
for  thorn,  and  they,  at  tl.e  same  time  owning  the  principal 
patents  for  the  “duplex”  system,  and  that  they  gave  Inn. 
the  use  of  their  linos  and  telegraph  apparatus  for  the  ex¬ 
periments,  and  that  Prescott  (tl.cir  electrician)  rendered 
much  valuable  assistance  therein;  also  thatHarr.ngton 
was  cognizant  of  Edison’s  relations  with  the  VT.  0,  and  ot 
ids  efforts  to  make  tho  invention  of  the  qimdruplcx  foi 
them  and  tl  t  1  e  =el  .o  ejections,  before  the  pay- 

mC  ^1’  -vcrul 

reasons  are  urged  why  it  does  not  affect  Prescott,  viz. . 

1.  That  it  does  not  in  torms  embrace  the  quadruplex. 

2.  That  the  record  of  that  contract  was  not  legal  notice  of  . 

its  contents — there  being  no  legal  authority  to  .e- 
cord  it  when  it  was  recorded. 

madcmid  consequently  cannot  be  regarded  as  an 
“  assignment."  .  ... 

the  assignment  of  10th  August,  (;hUl 

that  if  tlio  equities  of  t'.w  case  be  found 

the  Commissioner  could  ,  d  ^ 

that  Harrington  has  no  case  to  proxi  b  ■ 

1  assignment' to  Prescott. 


k 


As  to  tlio  rail  valno  of  Prescott’s  engagement  to  grant 
to  Edison  onc-lifllf  port  of  nil  inventions  of  improvements 
which  miglit  he  mndo  by  him  (Prescott),  it  is  impossible  to 
estimate  it.  Neither  can  wo  form  n  correct  judgment  of 
the  valuo  of  Prescott’s  assistance  in  the  development  of  the 
invention  with  the  nid  of  the  telegraph  nppnrntns  nnd  lines 
of  tho  17.  U.  Co.,  nor  can  wo  make  nil  accnrate  estimate  of 
the  importance  of  the  fact  that  the  17.  IT.  owned  tho  “Du¬ 
plex  ’’  patents.  Prescott’s  connection  with  tho  17.  U.  might 
possibly  ho  of  great  advantage  to  Edison.  Edison  was  not 
drivon  by  poverty  to  mako  tho  contract  with  Prescott. 

With  respect  to  tho  point  tliut  tlio  contract  between 
Edison  and  Prescott  is  a  partnership  contract,  dissolublo 
at  tho  will  of  either  party,  and  therefore  that  Edison  could 
rovokc  tho  authority  ho  had  given  to  the  Patent  Office  to 
issue  the  patents  to  himsolf  nnd  Prescott  jointly. 

In  tho  first  place,  it  is  clonr  that  Edison  cannot  nullify 
the  assignment  to  Prescott.  That  remains  oven  if  tlio  con¬ 
tract  for  the  joint  disposal  of  tho  property  lie  broken  up. 
And,  secondly,  it  is  true  that  tho  nnturo  of  the  contract 
ail'ords  a  good  reason  for  Edison’s  revocation  of  tlio  author¬ 
ity  given  to  the  Patent  Office  in  favor  of  Prescott.  But 
then,  no  reason  whatever  need  be  given  to  tho  Patent 
Office  by  Edison  for  breaking  his  engagement  with  Pres¬ 
cott,  that  he  (Edison)  would  request  the  issue  of  tho  pat¬ 
ents  in  a  particular  form.  Edison  had  tho  absolute  right 
to  withdraw  or  modify  his  applications  for  tho  patents  in 
that  form. 


Withdrawal  of  the  Applications  for  the  Pat¬ 
ents,  and  Renewal  of  Applications,  ivith 
Amendments. 

In  tho  argument  before  tho  Secretary  of  tlio  Interior, 
General  Butler  insisted  that  tho  patents  should  be  issued 
neither  to  Edison  and  Prescott,  nor  to  Edison  nnd  Har¬ 
rington,  but  to  Edison  alono.  Before,  however,  tlio  patents 
can  ho  issued  to  Edison  alone,  an  application  for  such  is6UO 


must  bo  filed  by  him.  Tho  present  application  istortli 
issue  to  himsolf  and  Harrington. 

If  the  Commissioner  shall  refuse  to  rehear  tlio  case  o 
tho  now  points,  or  should,  upon  such  rehearing,  adhere  I 
his  former  opinion,  and  if  it  shall  then  he  considered  tin 
no  appeal  lies  to  tlio  Supremo  Court  of  tlio  District  i 
Columbia,  it  may  bccomo  advisable  *  llJ 
all  tho  applications  for  the  patents,  and  file  fresh  npphe 
tions,  with  amendments. 

An  application  for  a  patent  may  be  withdrawn  by  tl 
inventor  and  renewed  in  amended  form.  Under  the  A 
of  1S30,  sec.  7,  it  was  a  common  practice  to  withdraw  t 
application  in  order  to  get  hack  part  of  the  too.  The  rig 
to  withdraw  tho  fee  was  taken  away  by  tho  Act  ot  1801, 
88,  sec.  9.  Upon  tho  Act  of  1330  Attorney  General  Cu 
ing  gave  an  opinion  that  “every  applicant  lor  a  patent 
a  riahl  to  withdraw  his  application,  and  demand  the 
torntion  of  two-thirds  of  the  patent  fee,  altoi  Ins  app 
“on  is  complete  ...  1  -11  b  '  to1 

been  had  on  his  application  as  after  't  f 

■  (Tarrish  &  Keeler’s  Case,  7  Opm.  391 ;  L  i"  »  digest, 
Tho  right  to  withdraw  the  application  remains  just 
same,  although  no  part  of  the  lee  is  now  returned,  li  e 

ventor  may  choose  to  make  essentnil  aniom  inon  8  ' 

. . .  1.  -  ■:*,!  r. 

his  assignee.  •  .  p,,, 

u,,dn  |« 

‘  tlio  formor  applications  which  wo^  l  j  „ 


claim  of  Prescott  will  then  rest  entirely  on  the  assignment 
of  19th  August,  1874,  end  tho  authority  thoreby  given  to 
tho  Commissioner  of  Patents  to  issne  the  patonts  to  Edison 
and  Prescott.  That  authority  is  confined  to  tho  applica¬ 
tions  numbered  91  to  100,  for  although  it  is  declared  that 
tiio  other  inventions  therein  referred  to  “  nro  included  in 
tin's  present  agreement,”  tho  authority  and  request  to  tho 
Commissioner  does  not  embrace  them. 

As  to  the  effect  of  the  withdrawal  of  the  applications 
for  tho  purposo  ot  presenting  amended  ones.  It  may  be  a 
breach  of  tho  agreement  of  10th  August,  1871,  in  which  it 
is  recited  and  declared  tiint  Edison  “has  oxccutcd  oris 
about  to  oxecute  applications”  for  patents,  nnd  tiioso  appli¬ 
cations  nro  specified,  numbered  nnd  dated  19th  August, 
1S71.  Put  tho  Commissioner  has  nothing  to  do  witli  tho 
breach  of  coreiinnt.  When  the  new  applications  nro  filed 
with  now -specifications,  Prescott  may  possibly  contend 
that  tiie  inventions  described  thcroin  nro  embraced  in  the 
assignment  of  19th  August,  1874,  nnd  that  although  the 
several  applications  may  be  consolidated  into  a  fewer  num¬ 
ber,  nnd  may  ombrnco  inventions  made  prior  to  thoso  de¬ 
scribed  in  the  applications  numbered  95  to  100,  nnd  other 
inventions  made  subsequent  to  the  dnto  of  tho  assignment 
19tli  August,  1871,  yet  that  under  that  assignment  lie  is 
legal  nssignoo  of  a  tnoicty  of  tho  inventions  specifically 
referred  to  in  that  assignment.  If  the  amendments  were 
merely  colorable,  tho  legal  title  of  the  assignee  of  the  inven¬ 
tion  might  not  bo  affected.  But  if  tho  pntents  nro  in  part 
for  inventions  not  embraced  in  the  assignment,  it  will  bo 
for  a  court  of  equity  to  grant  appropriate  relief  against  tho 
inventor.  Or  where  tho  invontor  lias  obtained  the  patent 
for  tlin  purposo  of  dofratiding  his  assignee,  tho  patont 
might  be  repcnlcd  on  scire  facias  (soo  Mowry  v.  AVhitnoy, 
11  Wall.  131),  and  the  invontor  could  bo  compelled  by  dc- 
creo  of  a  court  of  equity  to  make  the  proper  application  for 
a  patont.  Equity  can  roliovo  whore  a  party  fraudulently 
or  without  duo  authority,  blends  his  own  property  with 
that  of  another. 


As  to  tho  effect  of  tho  withdrawal  of  tho  npplientio 
Whether  it  could  bo  considered  ns  an  abandonment 
law’s  Dig.  p.  163,  “Withdrawal  of  application,  effect 

Tho  Patont  Act,  section  35,  provides  that  “  wliei 
application  fora  patent  has  boon  rejected  or  t  li 
prior  to  tho  passage  of  this  net,  the  applicant  shall  hav 
mouths  from  the  dato  of  such  passage  to  renew  his  np] 
tion  or  to  filo  a  new  one,  and  if  ho  omit  to  do  oithei 
application  shall  bo  hold  to  have  been  abandoned.  1 
the  hearing  of  such  renewed  application,  abandonment 
bo  considered  nB  n  question  of  fact.” 

law’s  Dig.  p.  153,  sec.  5 :  “  The  withdrawing  an  f 
cation,  nnd  receiving  back  tho  allowed  part  of  the  p 
foe,  will  bo  considered  as  a  final  abandonment  of  the 
ther  prosecution  of  the  claim,  *  *  *  which  ennn 

•  revived  by  any  now  application”  (Mowry  v.  Barber, 
App.  Ons.  Morrell,  .T.,  D.  C.  1858). 

Seo.  0.  “The  withdrawal  of  an  application  alter  ri 
of  part  of.  tho  patont  feo  is  not  itself  an  abnndonmc 
dedication  of  one’s  invention  to  tho  public,  but  is  an  c 
ocal  act,  to  be  interpreted  by  surrounding  circuinsti 
and  to  bo  affected  upon  a  second  application  by  the  f 
quent  conduct  of  tho  party,  his  diligenco  or  ins  nogloc 
delay,  in  tho  same  manner  as  bis  conduct  is  to  be  we 
in  regard  to  an  original  application  (Wickershain  ' .  o 
App.  Cob.  Merrick,  ,T.;  D.  O.  1859).  . 

Seo.  7.  The  samo  judge  held,  in  1800,  m  tho  ci 
Dcdcrick  «  parte,  MS.  (App.  Cas.),  that  where  the 
withdrawing  nu  application  took  no  further  action 
number  of  years.  “  a  subsequent  application  tor  a  pan 
the  same  invention  will  bo  refused,  on  the  ground  ol 
abandonment.” 

Seo.  8.  And  Judge  Merrick  also  held  that  a 

might  filo  another  application  several  years  after  Ins 
drowal,  if  that  was  occasioned  by  a  mistaken  reject 

tho  Patout  Office,  although  in. tho  moon  tiino  the  my 
liad  gone  into  public  use,  nnd  that  tho  second  nppl.i 


by  operation  of  law,  relates  back  to  the  date  of  the  first  ap¬ 
plication,  so  ns  to  cat  off  the  forfeiture  which  otherwise 
would  have  happonod  by.  the  long  intermediate  public  use' 
(Hayden  ex  parte,  MS.  Merrick,  J.,  1800). 

iVo  may  contoud  that  the  Commissioner  made  a  mis¬ 
take  in  refusing  to  issue  the  patents  to  Edison. 

Dunlop,  J.,  held  in  Simpson  ex  parte,  MS.  (App.  Cas. 
ISO! ;  Law’s  Dig.  p.  154,  sec.  11)  that  the  renewed  appli¬ 
cation  in  such  case  should  bo  made  within  two  yenrs. 

'  Patent  Office  Register,  April  13th,  1873, p.  41 1,  Acting 
Commissioner  of  Patents  Timelier  refers  to  the  practice  of 
tlie  Office  in  relation  to  “  old  rejected  and  withdrawn  cases, 
in  the  Office,”  as  pendente  lite  embodying  claims  not  finally 
adjudicated,  and  presenting  tho  proper  channel  for  semiring 
rights,  not  to  bo  held  ns  abandoned,  except  upon  proof  of 
the  fact.  So  they  wero  regarded  by  the  Office,  for  some  of 
them  wero  from  time  to  time  revived,  and  nllowcd  to  go 
to  patent. 

lie  refers  to  tho  Patent  Act  of  1S70,  sec.  35,  ns  sanction¬ 
ing  tlint  practice,  mid  cites  Godfrey  v.  Emncs  (l  Wall.  317) 
ns  deciding  tlint  a  now  application  is  to  be  considered  ns  a 
continuation  of  li  former  one.  The  Court  there  held  :  “  If 
an  applicant  lor  a  patent  withdraws  lus  application  for  a 
patent,  intending  at  the  time  of  such  withdrawal  to  filo  a 
new  petition,  and  accordingly  does  so,  tho  two  petitions 
are  to  be  considered  ns  parts  of  tho  same  transaction,  and 
both  ns  constituting  one  continuous  application.” 

For  a  construction  of  section  35  of  the  net  of  1S70,  sco 
Marsh  v.  Sayles,  5  Fish.  010 ;  2  Off.  Gaz.  Pat.  340 ;  2  Biss. 
321. 

The  proper  course  to  pursue  will  be  to  withdraw  all  tho 
applications,  and  then  blond  tho  invention  described  in  the 
early  application  made  by  Edison  witli  tlioBo  described  in 
the  specifications  referred  to  in  tho  contrnct  of  1 0th  August, 
1874,  and  also  blend  with  thorn  the  inventions  which  had 
not  boon  perfected  at  that  date.  Out  of  these  consolidated 
together,  mnko  one,  two  or  more  specifications. 

As  to  what  an  inventor  may  claim  in  ono  patent,  sco 


Wheeler  v.  McCormick,  4  Off.  Gaz.  Pat.  092.  In  tho  same 
case,  it  is  held  that  an  invontor  may  have  distinct  patents 
for  several  distinct  devices,  although  lie  may  have  included 
thorn  all  in  one,  making  a  separate  claim  for  each  dovico 
(Rules  of  tho  Patent  Office,  15, 10).  Where  several  inven¬ 
tions  relating  to  the  same  subject  are  necessarily  connected 
each  with  the  other,  they  may  bo  claimed  in  ono  applica- 

Two  distinct  improvements  in  tho  same  macliino  may 
ho  jointly  applied  for  and  covered  by  ono  patont  (Adams  v. 
Jones,  2  Pittsb.  73;  Abbott’s  National  Digest,  vol.  0,  p. 
355,  sec.  198.  Sec,  nlso,  tho  following  cases :  Emerson  v. 
Ilogg,  2  Blotch.  1 ;  Pitts  v.  Whitman,  2  Story,  009,  021  ; 
Moody  v.  Fiskc,  2  Mason,  1 12). 

In  Abbott’s  National  Digest,  vol.  0,  titlo  Patents,  secs. 
193  to  223,  innny  decisions  ill  abandonment  arc  collected, 
amongst  others  tho  following:  §  220.  An  inventor,  whose 
application  wns  rejected  and  withdrawn  ■■■  1851,  delayed 
to  renew  it  until  1SC9.  In  1S59,  a  patent  was  granted  to 
nnothcr  party.  Held,  a  case  ot  abandonment.  (Marsh  \. 
Sayles,  supra).  §  213.  An  application  was  rejected  ;  ten 

yenrs  afterwards  a  now  application  ■■■■•J"  . 1 

fee  paid;  in  the  mean  time  the  invention  had  gono  into 
public  use.  Held,  nn  abandonment  (Bovin  v.  East  Hamp¬ 
ton  Bell  Co.  9  Blotch.  50 ;  6  Fish.  223). 

Tho  above  cases  seem,  to  show  that  it  would  be  safe  to 
withdraw  Edison’s  present  applications,  with  a  view  to  the 
presentation  of  amended  applications,  ns  above- suggested. 

It  is  understood  that  there  is  nn  important  application 
now  pending,  which  wns  filed  in  tho  year  1873,  on  tho  part 
of  Edison,  for  a  patent  for  devices  applicable  to  tho  qundrii- 
plex  system,  which  arc  not  embraced  in  tho  applications  in 
which  Prescott  is  interested.  This  invention  should  bo 
blended  with  those  of  later  ditto  on  the  new  applications  tor 

P  By  abandoning  the  presont  applications  and  specifica¬ 
tions,  and  obtaining  patents  on  n  new  set,  the  great  diffi¬ 
culty  in  relation  to  Prescott’s  claim  of  a  legal  titlo  to  ono- 


I 


half  of  tho  patents  mny  he  avoided.,  In  that  cnso,  instead  J 
of  a  legal  title,  which  it  would  not  ho  easy  to.  assail,  ho  will  £ 
have  only  a  claim  of  right  in  equity  to  enforce  tho  agree- 
incut  between  himself  and  Edison,  in  such  a  way  ns  to  ob¬ 
tain  some  interest  in  tho  patents  issued  on’  tho  substituted 
specifications. 

If  patents  should  bo  ohtainod  on  tho  specifications  now 
on  file— such  patents  being  issued  to  Edison  alone — Pres-  / 

cott  would  claim  a  moiety  under  tho  assignment,  and  insist 
on  bis  legal  ownership,  on  the  authority  of  Gaylor  v.  Wil¬ 
der  (supra). 

Prescott  would  refuso  to  join  in  n  suit  against  tho  W.  U- 
for  using  tho  in  volition .  If  a  suit  were  brought  by  Edison’s 
assignee,  it  would  bo  objected  that  no  assignment  could  bo 
made  by  Edison  without  Prescott’s  consent.  And  if  Edi¬ 
son  were  to  bring  suit  against  Prescott  mid  the  W.  U.,  tho 
defense  would  bo  tho  contract  for  the  sale  of  tho  invention 
to  the  W.  U.  On  the  whole,  thoroforc,  it  would  appenr  to 
ho  tho  best  policy  to  cut  adrift  from  the  present  position  in 
tho  Patont  Oflico.  .  .< 

A  question  remains  whether  Edison  would  bo  violating  $ 
tho  injunction  in  tho  New  Jersey  caso,  by  withdrawing  his 
present  applications  in  tho  Patont  Oflico  and  filing  fresh 
ones.  Tho  only  application  actually  pending  at  this  time, 
as  we  viow  tho  case,  is  that  of  Iinrrington.  Upon  tho  with¬ 
drawal  of  that,  tliero  will  bo  no  application  in  tho  Patent 
Otlice.  The  injunction  docs  not,  in  torms,  restrain  Edison 
from  taking  the  proposed  proceedings  in  tlio  Patent  Oflico. 


Decision  of  the  Commissioner  of  Patents 


DIRECTING  CERTAIN  LETTERS-PATENT 
ISSUE  TO  EDISON  &  PRESCOTT. 


SMITH  &  REDINGTOH, 
Of  Cou 


tion  of  Harrington,  who  nllogod  that  tho  patents  should 
-  bo  issued  to  Edison  und  himsolf,  instead  of  Edison  and 
Prescott. 

Tho  ease  presents  two  questions  for  consideration  : 

1.  Has  tho  Secretary  of  tho  Intorior  tho  power  to  lienr 
and  determine  whether  ho  will  oxccuto  tho  pntonts  to 
Edison  and  Prescott;  or  is  lie,  in  this  regard,  merely  n 
ministerial  officer  and  by  law  required  to  unite  with  tho 
Commissioner  in  tho  execution  of  tho  pntcntB  and  bound 
by  his  decision  ? 

2.  If  lie  has  sucli  power,  should  tho  letters  be  issued 
to  Edison  and  Prescott? 

Hpon  tho  first  point  it  is  proper  to  stato  thnt  it  has 
already  boon  determined  by  your  immediate  predecessor. 
He  decided,  aftor  full  and  elaborate  argument  by  tho 
ablest  of  counsel,  thnt  ho  had  such  power,  und  overruled 
the  motion  to  dismiss  tho  proceeding  for  tho  want  of 
jurisdiction  and  directed  the  parties  to  filo  written  briefs 
upon  the  merits.  Wo  suppose  thnt  his  action  mnkes  this 
question  res  adjiulicata. 

But  if  the  Hon.  Secretary  should  diflor  with  us,  then 
wo  insist  that  the  former  decision  was  correct.  Its  fur¬ 
ther  consideration  will  require  an  examination  of  tho 
legislation  of  Congress.  Section  441  of  tho  Revised  Stat¬ 
utes  charges  the  Secretary  of  tho  Intorior  with  tho  “su¬ 
pervision”  of  “patents  for  inventions.”  Section  4883  re¬ 
quires  that  all  letters  patent  shall  ho  signed  by  tho 
Secretary  of  tho  Interior;  and  section  481  provides  thnt 
“the  Commissioner  of  Patents,  under  the  direction  of  the 
“ Sccrctari/  of  the  Interior,  shall  superintend  or  perform  all 
duties  respecting  tho  granting  and  issuing  of  patents 
directed  by  law.”  The  first  duty  in  tho  order  of  time, 
and  tho  most  important  ono,  is  to  determine  whether  or 
not  the  applicant  is  entitled  to  a  patoiit.  . .  . 


If  this  is  to  bo  done  “under  the  direction  of  tho  Sec¬ 
retary  of  tho  Intorior,”  how  can  it  ho  said  that  lie  hns  no 
power  to  considor  tho  question  ?  Ho  is  tho  head  of  tho 
Interior  Department.  That  Department  is  ohargod  by 
law  with  tho  issuing  of  lettors  patent.  All  patents  are  to 
ho  signed  by  tho  Secretary  and  to  bo  granted  and  issued 
under  ids  direction.  •  Can  it  be  possible  that  ho  can  have 
no  voice  in  the  mattor?  Thnt  ho  is  a  mere  automaton, 
moved  by  some  othor  power  and  without  ability  to  con¬ 
sider  and  decide  for  himsolf?  Suppose  that,  by  some 
means,  by  inadvertence  or  otherwise,  a  patent  should  be 
executed  by  tho  Commissioner  for  tho  spread  of  soino 
contagious  disease,  must  the  Secretary  also  execute  it? 
He  certainly  must  if  ho  is  but  a  mere  ministerial  officer, 
and  is  bound  by  the  action  of  the  Commissioner ;  and  if 
lie  should  refuse  lie  could  ho  compelled  by  mandamus 
to  do  it. 

Wo  wholly  dissent  from  any  such  view.  We  suppose 
that  Congress  menut  just  what  it  said;  and  when  it  snid 
that  “  all  duties  respecting  tho  granting  and  issuing  of 
pntonts  ”  shall  bo  performed  by  the  Commissioner  “  un¬ 
der  tho  direction  of  the  Secretary  of  tho  Intorior,”  it 
meant  that  all  tho  duties  should  ho  thus  performed,  and 
did  not  mean,  ns  is  argued  by  counsel  for  Prescott,  that 
the  Secretary  should  be  charged  with  tho  duty  only  of 
seeing  that  tho  Commissioner  faithfully  discharged 
his  duties  and  did  not  refuse  to  make  n  decision. 

Sucli  a  limitation  of  tho  authority  of  tho  Secretary  is 
against  the  plain  language  of  tho  statute,  and  is,  as  we 
think,  in  conflict  with  tho  ruling  of  the  Supreme  Court 
in  an  nnulagous  case. 

In  Barnard’s  Heirs  v.  Ashley's  Heirs,  18  How.,  44, 
the  question  was  as  to  tho  power  ot  tho  Commissioner 
of  tho  General  Land  Office  to  review  a  decision  made 
by  tho  Register  and  Receiver.  Tho  court  said :  “Ac- 


«  COrding  to  the  conceded  foots,  it  ,s  insisted,  on  1  part 
«o?  Ashley  and  Craig,  that  the  -Register  and  Re  eivor 
„uvil,,  o,  duo  proof  and  examination,  rojectod  Bar- . 

“  nard  s  claims'  toFi  preference  of  entry  of  the  four  qnar- 
„ tor  sections,  lie  is  thereby  concluded  from  setting  hem 
«  up  in  a  court  of  equity,  because  the  Register  and  Re¬ 
ceiver  acted  in  a  judicial  capacity,  and  ‘heir  judgmwit 
tn  tm  imnea!.  is  conclusive  of  the  chum. 
..S:  cal  of  Jacksmi  v.’ Wilcox,  and  Lytle  ,  The 
‘•State  of  Arkansas,  are  relied  on  to  maintain  this  posi- 

“Tliis  power  of  revision  is  exercised  by  virtue  of  the 
»  act  of  July  4,1836,  §  1,  which  provides  ‘  that,  from  and 
“  after  the  passage  of  this  act,  the  executive  dutl°8  10" 
“prescribed,  or  which  may  hereafter  be  prescribed  by 
“  Faw,  appertaining  to  the  surveying  and  sale  of  the  pub- 
“  lie  lands  of  the  United  States,  or  in  anywise  respecting 
“such  public  lands,  and  also  such  as  relate  top 
“  claims  of  land  and  the  issuing  of  patents  for  nl  grn  « 

“  of- land  under  the  authority  of  the  Government  of  the 
“United  States,  shall  be  subject  to  the  supervision  and 
“control  of  tbe  Commissioner  of  the  General  Land 
..  Office,  under  the  direction  of  the  President  of  the 
“United  States.’  The  necessity  of  ‘supervision  and 
“  control,’  vested  in  the  Commissioner,  noting  under  the 
“direction  of  the  President,  is  too  manifest  to  require 
“  comment,  further  than  to  say  that  the  facts  found  in 
“  ,bis  record  show  that  nothing  is  more  easily  done  than 
“apparently  to  establish,  by  rz  parte  affidavits,  cult, va- 

“  tin.,  and  possession  of  particular  quarter  sections  of  land, 

“  when  the  fact  is  untrue.  That  the  act  of  1836  modi- 
»  ties  the  powers  of  Registers  and  Receivers  to  the  extent 
“  of  the  Commissioner’s  notion  in  the  instances  before 
“  us,  ice  hold  to  be  true.  But  if  the  construction  of  the 
“  act  of  1886  to  this  effieut  wore  doubtful,  the  practice 


:  under  it  for  nearly  twenty  years  could  not  be  disturbed 
without  manifest  impropriety. 

“  Tho  case  relied  on,  of  "Wilcox  v,  Jackson,  18  Pet., 

;  611,  was  an  ejectment  suit,  commenced  in  February, 

1 1880 ;  and  as  to  tho  acts  of  the  Register  and  Receiver  in 
‘allowing  the  entry  in  that  case,  tho  Commissioner  had 
1  no  power  of  supervision,  such  as  was  given  by  tho  act 
1  of  July  4, 1836,  lifter  the  cause  was  in  court. 

“  In  the  next  ense,”  (Lytlo  v.  Tho  Slate  of  Arkansas,) 

•  9  How.,' 838,  all  tho  controverted  facts  on  which  both 
‘  sides  relied  lmd  transpired  and  wore  concluded  before 
‘  the  act  of  July  4, 1836,  was  passed;  and  therefore  its 
‘  construction,  as  regards  the  Commissioner’s  powers 

•  under  the  act  of  1886,  was  not  involved;  whereas,  in 
‘  the  case  tinder  consideration,  the  additional  proeoed- 
‘  ings  were  had  before  the  Register  and  Receiver  in  1887, 

‘  ami  were  subject  to  the  new  powers  conferred  on  tho 
‘  Commissioner.” 

Tho  act  of  1836,  above  construed  by  the  Supreme 
Court,  is  very  similar  to  the' one  now' under  considera- 
;ion.  It  gives  to  the  Commissioner  “supervision  and  con¬ 
sol.”  This  gives  to  the  Secretary  “supervision  and  direc¬ 
tion.”  Tho  terms  are  synonomous.  The  former  con¬ 
tains  tho  words  “  executive  duties.”  Under  this  phrase¬ 
ology  it  might  bo  claimed,  with  considerable  plausibility, 
that  tho  “  executive  duties”  referred  to  were  ministerial 
only,  and  did  not  include  tlioso  that  were  judicial  in 
their  character;  whereas  tho  latter,  in  clear  nnd  express 
terms,  relates  to  “ all  duties  respecting  tho  granting  and 
issuing  of  patents.” 

Wo  rely  upon  this  case  ns  high  authority  for  tho  con¬ 
struction  which  wo  maintain. 

The  learned  counsol  for  Prescott  objects  to  this  con¬ 
struction,  bccuuso,  ho  says,  that  under  it,  tho  Secretary 
could  disregard  tho  decision  of  tho  Supremo  Court  of 


tho  District  in  n  ease  appealed  to  it  (when  the  patent  ^ 
hurt  been  refused  by  tlio  Commissioner),  or  tbo  rtceision 
of  tbo  Circuit  Court  upon  bill  in  equity  tiled  under  sec¬ 
tion  4915  of  tho  Revised  Statutes.  We  do  not  agree 
with  this  view. 

It  is  evident  that  Congress  intended  that  tho  remedies 
referred  to  should  tie  special,  and  tho  decisions  of  said 
courts  tinnl  and  conclusive  upon  nil  the  parties  in  inter¬ 
est,  and  upon  all  the  otlicers  who  are  required  to  issue 
tho  patont.  In  tbo  ease  of  tho  appeal  to  the  Supremo 
Court  of  tho  District  it  is  expressly  provided  that  the 
decision  of  the  court  “  shall  govern  the  further  proceed¬ 
ings  in  tho  case.”  Of  course  that  would  require  tho 
Secretary  to  unite  in  the  execution  of  the  letters  patent. 

In  the  onso  of  the  bill  in  equity  it  is  provided  that 
“  such  adjudication,  if  it  bo  in  favor  of  the  applicant 
shall  authorize  the  Commissioner  to  issue  such  patent  on 
the  applicant  tiling  a  copy  of  the  adjudication.”  It  is  ap¬ 
parent  that  tho  word  “  authorize  ”  is  UBod  in  n  manda¬ 
tory  sense. 

If  the  Secretary  has  tho  power  of  “  supervisi 
“direction  ”  in  all  matters  relating  to  the  granting  and 
issuing  of  patents,  ns  we  have  attempted  to  show,  then 
he  lias  the  power  to  exercise  that  “supervision  ”  and 

“direction”  as  ho,  in  his  discretion,  may  see  fit. 

Ho  is  not  required  to  wait  for  a  final  dccisiou  of  any 
matter  before  the  Commissioner. 

PcrhnpB  it  would  bo  wiso  in  him  to  adopt  that  rule, 
but  lie  is  not  bound  to  do  it.  Ho  may  exercise  the  power 
in  relation  to  preliminary  orders.  In  tho  case  at  bar  bo 
did  not  do  it  until  the  Commissioner  had  decided  to  whom 
tho  patent  should  issue.  . 

That  decision  was  not  made  until  ,  it  had  boon  deter¬ 
mined  in  his  ofllco  that  thoro  wore  no  interferences. 


There  could  bo  none  thereafter  unloss  sc 
it  should  file  an  application  claiming  the  ss 
tion  that  Edison  claimed,  and  tho  eluinocs  of  that  hap- 
'  poniug,  were  not  one  in  ten  thousand. 

Practically,  therefore,  tho  decision  of  tho  Commis¬ 
sioner  was  final.  There  is  nothing  in  the  record  to  indi¬ 
cate  the  contrary,  and  we  suppose  that  the  Secretary  will 
not  go  outside  of  the  record  to  discover  orders  made  by 
the  Commissioner. 

The  conclusion  which  wo  have  reached  is  that  the  Sec¬ 
retary  has  the  legal  right  and  power  to  “  hear  and  deter¬ 
mine  ”  for  himself  whether  he  will  oxoento  the  patont  to 
Edison  and  Prescott. 

Wo  do  not  say  that  ho  should  reverse  the  action  of 
the  Commissioner  and  direct  him  how  he  should  issi 
the  patent.  It  is  not  necessary  that  that  question  should 
be  determined  in  this  case.  But  we  do  say  that  ho 
cun  legally  refuse  to  unite  with  tho  Commissioner,  and 
that  brings  us  to  the  second  inquiry  whether  the  letters 
pntent  should  be  issued  to  Edison  and  Prescott. 

The  assignment  to  Harrington  was  prior  to  that  to 
Prescott.  It  clearly  included  tho  improvements  in  quos- 

Prcscott  had  notice  of  it  when  ho  took  his  assignment. 
If  tho  inventions  wore  in  esse,  at  the  time  of  the  assign- 
o  Harrington,  it  is  clonr  that  they  passed  to  him. 
There  is  nothing  in  tho  record  to  show  that  they  wore 
not  then  in  existence.  But  lot  us  assume  that  they  wore 
not,  nnd  we  yet  maintain  that  thoy  wore  transferred  to 
Harrington  nnd  that  he  has  tho  prior  nnd  better  right. 
In  support  of  this,  wo  dosire  to  call  tho  attention  of  tho 
Hon.  Secretary'  to  tho  case  of  Trimble  v.  The  Railroad 
Company,  10  Wall.  807,  which  is  analogous  to  tho  one 
undor  consideration,  nnd  is  founded  upon  the  following 


8 

Oil  the  10  th  of  July,  1840,  one  ITowo  line!  obtained  a 
patent  for  constructing  the  truss  frame  of  bridges.  On 
the  8d  of  August,  1840,  ho  obtained  n  patent  for  an  im¬ 
provement  on  the  same. 

On  tlio  0th  of  July,  1844,  ho  assigned  to  Isaac  R. 
Trimble,  all  bis  rights  in  the  above  patent  for  certain 
States,  including  Maryland.  This  assignment  was  duly 
recorded,  and  conveyed  Howe’s  right  in  tlioso  words: 
“All  tho  right,  title  and  interest  which  I  have  insuitl in¬ 
vention  as  secured  to  mo  by  said  letters  patent ;  and  also  all 
right,  title  and  interest  which  mag  be  secured  to  me  for 
alterations  and  improvements  in  the  same  from  time  to  time, 
******  the  same  to  bo  held  and  enjoyed  by  tho 
said  I.  It.  Trimble,  &c.,  to  tho  full  end  of  tho  term  for 
which  said  letters  patent  are  or  mag  be  granted,  as  fully 
and  entirely  as  the  same  would  have  been  held  and  en¬ 
joyed  by  mo  had  this  assignment  mid  sale  not  have  been 
made.” 

Howo  afterwards,  and  on  the  28th  of  August,  1840, 
obtained  nnothcr  patent  for  an  improvement  in  tho  man¬ 
ner  of  constructing  these  truss  frames,  which  Inst  named 
patent  was  extended  for  seven  yoars  from  tho  28th  of 
August,  1800. 

Tho  defendant,  tho  Philadelphia,  Wilmington  and  Bal¬ 
timore  Railroad  Company,  during  the  yenrs  1804,  18G5 
and  1800,  that  is,  during  the  term  of  the  extension  of 
the  patent,  made  use  of  tho  improvement  of  Howe,  in 
constructing  certain  bridges  in  Maryland.  Trimble 
brought  suit  to  recover  damages  for  the  unauthorized 
use  of  this  improvement.  The  validity  of  the  patent, 
was  not  questioned.  Tho  point  mndu  by  the  defendant 
was  that  tho  assignment  of  J  uly  9th  1844,  did  not  pass 
title  to  tho  extension  of  tho  patent  of  1846. 

Prom  tho  abovo  statement  it  will  bo  seen  that  the  ac¬ 
tion  was  for  an  infringement  of  tho  improvement  of 


1846;  that  this  improvement  was  not  in  existence  at  tho 
date  of  tho  assignment  by  Howo  to  Trimblo  of  July  9tli, 
1844,  and  that  Trimble  had  no  legal  right  to  tho  im¬ 
provement  or.  its  extension,  unless  it  was  given  to  him 
by’  tho  assignment  of  1844. 

Tho  purchase  and  .  assignment  of  a  patent  gives  no 
right  to  the  assigneo  to  use  and  enjoy  an  improvement 

subsequently  mndo  upon,  that  patent.  He  must  also 

purchase  tho  right  to  use  tho  improvement.  Ho  authori¬ 
ties  are  necessary  upon  so  plnin  a  proposition:  There¬ 
fore  in  the  caso  under  consideration  it  was  necessary,  in 
ordor  that  Trimblo  should  be  able  to  maintain  his  notion, 
to  hold  that  ho  had  acquired,  by  tho  terms  of  his  n^roe- 
mont  with  Hpwo,  a  legal  right  to  all  subsajuent  improve- 
meats  upon  his  original  ..patents,,  and  not  only  that,  but 
also  n  right  for  all  terms  for  which  the  original  or  im¬ 
provements  should  bo  extended,  nnd  so  tho  Court  did 
hold. 

Swnyne,  Judge,  in  delivering  the  opinion  of  tho  Court, 
said:  “The  deed  from  Howe  recites  that  ho  had  obtain- 
:  “cd  from  the  United  States  two  patents  for  now  nnd 
“useful  improvements  in  tho  construction  of  truss 
“bridges  and  othor  structures,  ono  dntod.on  tho  10th  of 
“July,  the  other  on  the  8d  of  August,  in  tho  year  1840. 

“  Tlie  instrument  is  a  deed  poll.  After  setting  out  the 
“consideration,  it  proceeds  us  follows:  ‘I  have  nssigned, 
“sold  nnd  set  over,  all  tho  right  title  nnd,  interest  which 
“1  have  in  said  invention,  ns  secured  to  me  by  said  letters 
“  paten  t,  and  also  all  right,  title  and  interest  which  maybe 
“  secured  to  mo  for  alterations  and  improvements  on  tho 
“  snmo  from  time  to  time,  for,  to,  and  in  tho  following 
“  States,  viz,  Ac.,  *  *  *  *  tho  snmo  to  be  held  nnd 
“  enjoyed,  by  tho  said  I.  R.  Trimble  for  his.own  use  and 
“  behoof,  nnd  for  the  use  and  behoof  of  his  legal  ropro- 
“  sentatives  to  the  full  end  of  tho  term  for  which  said 


n 

time,  *  *  *  to  bo  hold  and  enjoyed  *  *  *  to 
tbo  full  end  of  the  term  for  which  said  letters  patent  are  . 
or  may  bo  granted.” 

In  the  latter  it  is:  “Whereas  I,  *  *  *  ,  did Btipu- 
lato  and  agree  to  invent  and  construct  for  the  said  Har¬ 
rington  full  aud  comploto  sots  of  instruments  and  ma¬ 
chinery  that  should  successfully  nnd  economically  de¬ 
velop  into  practical  use  the  Little  or  other  system  of  au¬ 
tomatic  or  fust  system  of  telegraphy,  and  subsequently 
to  improve  nnd  perfect  such  instruments  and  machinery, 
by  adding  thereto,  from  time  to  time,  such  further  in¬ 
ventions  ns  experience  should  demand  nnd  my  ability  ns 
an  inventor  nnd  electrician  might  suggest  nnd  permit. 

*  *  *  How,  therefore,  *  *  *  I  *  *  »  ]>0rcby 
assign,  set  over,  nnd  convey  to  him,  tho  said  Harrington, 
two-thirds  interest  of  nil  my  said  inventions,  including 
therein  all  my  inventions  of  mechanical  or  copying 
printers,  nnd  of  all  the  patents  for  nil  such  inventions 
and  printers,  whether  already  issued,  applied  for,  or  to 
bo  hereafter  applied  for,  and  of  nil  and  whatsoever  of 
my  inventions  and  improvements,  mndo  or  to  be  mnde, 
of  all  the  patents  that  may  be  issued  therefor  that  are  or 
mny  be  applicable  to  automatic  tolcgrnph  mechanical 
printers.” 

We  think  that  the  construction  adopted  by  the  Supremo 
Court  is  conclusive  of  this  case,  nnd  .following  and  ap¬ 
plying  it  to  tho  present  case,  claim  that  tho  assign¬ 
ment  to  Harrington  covcrod  tho  inventions  in  contro¬ 
versy,  und  that,  his  rights  aro  superior  to  tlioso  of  Pres¬ 
cott.  ■ 

There  is  another  point  to  which  wo  desire  to  call  the 
attention  of  the  Secretary.  It  is  well  settled  that  an  as¬ 
signee  is  not  entitled  to  a  patent  unless  bo  has  an  assign¬ 
ment  of  tho  entire  interest  in  tho  invention. 

"  It  is  conceded  that  Prescott  hns  no  such  assignment; 


« letters  patent  are  or  may  be  granted,  as  fully  nnd  entirely 
“  ns  tho  samo  would  have  been  hold  nnd  enjoyed  by  me 
«  had  this  assignment  and  sale  not  have  been  made.’  A 
“  careful  analysis  of  these  provisions  eliminates  tho  fol- 
«  lowing  results :  Howe  assigns  to  Trimble  all  his  title 
“and  interest  in, tho  inventions  seenred  to  him  by  tho 
“  two  patents  mentioned,  in  respect  to  the  territory 
“specified,  nnd  also  all  tho  right  and  title  which  should 
“  bo  secured  to  him  for  alterations  nnd  improvements  in 
“  the  inventions,  from  time  to  time  thereafter,  for  tho 
“  same  territory,  to  be  hold  nnd  enjoyed  by  Trimblo  to 
“  the  fall  end  of  the  terms  for  which  patents  had  been 
“  theretofore,  or  might  bo  thereafter  granted,  in  all  rc- 
“  spects  as  they  would  have  been  held  and  enjoyed  by 
“  tlie  assignor  if  the  assignment  had  not  been  made.” 

“  The  language  employed  is  very  broad.  It  includes 
“aliko  the  patents  which  hail  been  issued,  nnd  all  which 
“might  be  issued  thereafter.  Ho  discrimination  is  mnde 
“  between  those  for  tho  original  inventions,  and  those 
“  for  alterations  and  improvements,  nor  botween  those 
“  which  were  first  issues  nnd  those  which  were  reissues 
“  or  renewals,  nnd  extensions.  The  entire  inventions 
“  and  all  alterations  and  improvements,  ami  ull  patents 
“  relating  thereto,  whensoever  issued,  to  the  extent  of  the 
“  territory  specified,  aro  within  the  scope  of  tho  terms 
“  employed ;  no  other  construction  will  satisfy  them. 
“  Upon  the  fullest  consideration,  we  Iiavo  no  doubt  such 
“  was  tlie  meaning  and  intent  of  tho  parties.” 

Tho  language  employed  in  tho  assignment  in  tlie 
above  case  and  tlie  one  now  under  consideration  is 
identical  in  signification. 

In  tho  former  it  is:  “  All  my  right,  title,  nnd  interest 
which  I  have  in  snid  inventions,  *  *  *  and  alsp.aH 
right,  title,  nnd  interest  which  may  bo  secured  to  me  for 
alterations  aud  improvements  iu  tlie  same  from  tiino  to 


but  it  is  claimed  that  Edison  assigned  to  himself  mul 
Prescott.  ■  Snell  an  assignment  is  a  fraud  upon  tlio  low. . 
A  man  cannot  assign  to  himself.  '  Any  practice  that 
recognizes  such  an  assignment  is  pernicious  and  should 
ho  abolished.  Malus  usus  abolcndus  cat. 

The  patent  should  be  issued  to  Edison  nlono. 

The  respective  claimants  will  thereby  bo  compelled  to 
contest  and  establish  their  rights  in  the  courts,  whore  it 
is  evident  the  case  will  eventually  go,  no  matter  to  whom 
the  patent  is  issued. 

Respectfully  submitted, 

SMITH  &  REDINGTON, 

Of  Counsel. 


STATEMENT 

Of  George  Harrington  of  his  relation  with 
Thomas  A.  Edison,  and  his  improvements 
in  Fast  Telegraphy. 

Represents:— That  prompted  by  the  public  agitation  in 
the  United  States  for  cheap  telegraphy,  and  the  action  in 
Congress  m  connection  therewith,  Mr.  Harrington  during 
nil  .official  residence  in  Switzerland  for  several  years  ex¬ 
amined  the  conditions  of  European  Telegraphy,  and  its 
management  under  government  control 
„  return  to  the  United  States,  in  the  latter 

part  ot  18  ,.l,  he  continued  Ins  investigations  of  telegraph 
nffuirs,  with  a  view  of  ascertaining  whether  it  were  possible 
to  meet  the  demand  for  cheap  telegraphy,  and  to  test  the 
.lech,,,,. ions  ot  the  oflieers  of  the  Western  Union  Company, 
nnd  ot  telegraphers  generally,  that  any  further  material 
reductions  in  the  tariff  ot  charges,  would  entail  large  or 
serious  atiiiiin!  losses  upon  those  operating  the  telegraph  • 
ami,  if  such  declarations  were  founded  upon  fact,  whether 
there  were  any  means  for  cheapening  the  cost  of  telegraphy, 
so  as  to  comply  with  a  demand  that  was  becoming  universal 
throughout  the  country. 

THE  INVESTIGATION  DISCLOSED. 

First.  That  all  the  railways,  and  the  principal  highways 
and  oven  many  by-ways  of  the  country  were  lined  with  tele¬ 
graph  poles,  upon  which  wore  placed  from  ono  to  fifty 


Second. — That  these  telegraph  lines  ami  equipment, 
represented  a  stock  ami  bond  capital  of  about  sixty  millions 
of  dollars. 

Third. — That  with  every  material  increase  of  business, 
there  bad  been,  and  must  continue  to  bo,  a  corresponding 
demand  for  nioro  capital,  for  additional  lines  ami  Wires, 
carrying  with  it  a  corresponding  increase  of  expenses. 

Fourth. — That  notwithstanding  the  immense  number  of 
lines  and  wires,  they  wero  unequal  at  times  for  the  business 
offering. 

Fifth. — That  the  business  of  the  Western  Union  Com¬ 
pany,  in  18GG-7,  was  5,800,000  messages;  and  in  1873-4, 
was  14,500,000  messages,  thus  proving  their  business  to 
liuvo  nearly  doubled  every  five  years.  If  we  add  tlio 
business  of  the  competing  companies,  all  of  which  have 
sprung  into  existence  since  18GG,  the  year  when  the  Morse 
patents  beenme  public  property,  the  telegraph  business  has 
doubled  every  five  years. 

Sixth. — That,  there  were  several  competing  companies, 
sectional  in  their  character,  while  the  lines  of  the  Western 
Union  Company  extended  to  all  parts.of  the  country,  over 
which  wns  done  about  90  per  cent,  of  tlio  whole  busi- 

Seventh. — ll.nt  these  competing  companies  hud  lurgely 
reduced  tlio  price  for  telegraphing,  and  forced  upon  the 
Western  Union  Company,  similar  reductions. 

Eighth. — That  neither  the  Western  Union  Company,  nor 
the  competing  companies,  for  many  years  bonefitted  their 
stockholders  by  the  payment  of  dividends ;  and  the  Presi¬ 
dent  of  the  Western  Union.  Company,  declared  to  the  com¬ 
mittee  of  Congress,  that  most  of  such  companies  were  ope¬ 
rating  at  an  annual  cash  loss. 

Ninth. — That  the  necessity,  ns  shown  by  tlio  policy  of  the 
Western  Union  Company,  of  removing  competitions  by 
buying  up  competing  liuus,  indicated  inherent  weakness  in 
that  institution. 

T'hus  far  Mi;.  Harrington’s  investigations  led  to  the  con¬ 
clusion,  that  cheaper  telegraphy  was.  not  within  the  reach 
ol  the  people. 


Tlio  next  subject  that  engaged  his  attention,  wns  the 
methods  of  telegraphing,  and  the  character,  capncity  and 
cost  of  operating  the  telegraph  system  in  practical  uso. 

With  the  single  exception  or  a  printing  system  in  limited 
use  by  the  Western  Union  Company,  and  that,  as  wns 
understood  mainly  m  compliance  with  an  unexpired  con¬ 
tract,  the  Morse  system  was  the  only  practical  system  in 
the  United  States. 

This  system,  until  18GG  monopolized  by  patents,  wns 
amply  sufficient  for  the  needs  of  the  tolegraph  up  to  that 
dutc,  the  volume  of  business  being  restricted  to  the  wants 
of  a  comparatively  limited  class,  by  reason  of  the  high 
charges  cxuctcd. 


_  With  the  advent  of  competition,  anil  a  concurrent  reduc¬ 
tion  in  tariffs,  the  telegraph  business  rapidly  increased, 
causing  us  rapid  an  increase  in  lines,  wires  and  offices,  the 
only  equipment  of  which  wns  Morsu  instruments. 


The  Western  Union  Company  were  opposed  to  any,  and 
all  new  systems  or  improvements  in  tlio  method  of  tele¬ 
graphing,  tliut  would  involve  a  new  equipment  of  their 
lines,  they  alleging  the  great  outlay  that  would  bo  conse¬ 
quent  thereon,  as  the  cause  of  their  opposition. 

With  the  Morse  system  there  is  an  average  for  all  the 
AVestern  Union  wires,  of  not  more  tlinn  ten  words  per 
minute.  On  the  lines  between  principal  cities,  from  fifteen 


to  twenty  words  per  minute.  (We  speak  of  daily  averages.) 
These  number  of  words  do  not  employ  oue-thirlicth  the 


capacity  oi  any  wire,  notwithstanding  which,  if  the  current 
business  exceeds  materially  twonty  words  per  minute,  another 
wiro  with  equipment,  and  its  corps  of  operators  must  be 
provided ;  and  every  now  wiro  entails  a  costly  annual  main¬ 
tenance,  which  for  the  year  1873-1,  wns  officially  reported 
by  the  Western  Union  Company,  to  have  averaged  $8.G6 
per  mile  of  wiro,  aggregating  about  $1,500,000  per  annum, 
thus  showing  maintenance  to  bo  one  of  the  important  ele¬ 
ments  in  the  cost  of  operating  the  telegraph. 

Mr.  Harrington  soon  satisfied  himself  that  under  existing 
conditions,  the  limits  of  capital  investment  in  telegraph  en¬ 
terprises  had  been  nearly  roaohed,  and  that  money  for  more 


lings  anil  wires  could  only  lie  obtained,  by  existing  or  new 
companies  nt  great  sacrifices. 

Under  tbeso  circumstances,  there  was  but  ono  of  two 
courses  to  bo  pursued.  Either  to  crush  out  competition,  nnd 
as  a  monopoly  increase  the  tariffs,  so  ns  to  check  the  expan¬ 
sion  of  the  business,  or  to  obtain  some  faster  system  than  the 
Morse  system,  so  as  to  utilize  the  unused  capacity  of  existing 
wires,  and  thus  remnvo  the  necessity  for  additions  thereto, 
anil  with  it  the  demand  for  additional  ciipitnl. 

Tho  Western  Union  Company  pursued  the  policy  first 
indicated. 

Mr.  Orton  is  justified  in  his  assertions.  The  Morse  sys¬ 
tem  is  too  slow  for  tho  present  day.  Its  limited  capacity 
demands  too  much  capital  to  sustain  it,  and  the  immense 
number  of  wires  it  requires  nnd  will  require  for  tho  present, 
and  prospective  business  of  tho  country,  involves  such  an 
annual  aggregate  outlay  for  their  maintenance  as  not  only 
to  render  cheap  telegraphy  an  impossibility,  but  that  even  n 
Blight  reduction  in  the  tariffs  of  charges' would  operate  a 
constant  and  annual  loss,  and  practically  destroy  the  market 
value  of  the  property. 

Mr.  Harrington  determined,  if  in  his  power,  to  so  improve 
the  methods  of  telegraphy  by  such  new  devices,  or  new  and 
faster  systems  as  should  supersede  all  present  necessity  for 
moro  capital,  and  not  only  arrest  the  constantly  increasing 
cost  of  operating  nnd  maintenance  inherent  to  the  Morse 
system,  but  il  possible,  so  to  reduce  current  expenses  ns 
compared  with  the  amount  of  business  transacted,  as  should 
place  cheap  telegraphy  within  reach  of  the  people,  and  at 
the  Bnme  time  yield  satisfactory  returns  for  the  capital  in¬ 
vested. 

Not  being  himself  an  inventor,  this  undertaking  rendered 
it.  necessary  for  him  to  seek  tho  highest  inventive  capacity 
equal  to  tho  ends  to  bo  uttuiuod. 

Mr.  George  Little,  a  well  known  electrician,  claimed  to 
have  made  great  improvements  in .  telegraphy,  and  to  have 
nvonted  a  lust  system,  and  Mr.  Harrington  secured  his 


inventions  and  his  exclusive  services  in  continuing  nnd  per 
fccting  them. 

Mr.  Thomas  A.  Edison,  of  Newark,  hnd  also  mado  valua 
hlo  improvements,  and  was  otherwise  represented  ns  at 
inventor  of  largo  inventive  resources,  and  especially  convor 
snnt  with  electricity  and  its  application  to  telegraphy,  bu 
without  the  means  to  meet  the  expenditures  for  experiment! 
and  tests  that  new  inventions  demand.  Harrington  wm 
willing  to  combine  his  cash  capital  with  Edison’s  inventivi 
brains,  and  Edison  consented.  They  entered  into  a  co-part 
nership  on  the  1st  of  October,  1870,  for  a  period  of  fivi 
years,  under  the  name  and  stylo  of  "The  American  Tele 
graph  Works,"  with  its  factory  at  Newark. 

By  his  contract  with  Mr.  Harrington,  Mr.  Littl'o  was  ti 
devote  bis  whole  time  to  tho  development  of  his  fust  system, 
which  he  denominated  an  "Automatic  System,”  and  which 
he  guaranteed  should  be  a  practical  success,  nnd  there  wai 
no  renson  to  doubt  his  ability  to  fulfil  his  pledgo. 

Mr.  Edison  hnd  invented  a  fast  system  which  he  styled  c 
Duplex  system,  and  hnd  illustrated  his  invention  in  tlit 
columns  of  the  “ Telegrapher.” 

Mr.  Little  was  relied  upon  nnd  engaged  to  perfect  the 
Automatic  system  to  which  his  mind  hud  been  devoted  for 
several  years.  But  it  was  not  yet  perfected,  nnd  Harrington 
declined  to  rely  upon  improvements  solely  or  even  mainly  in 
that  one  direction. 

Edisoii’s.Duplex  invention  indicnteil  a  current  of  thought 
in  an  .altogether  different  channel,  nnd  he  pledged  himself  to 
a  fust  system  without  specially  indicating  what  the  features 
were  to  bo.  Mr.  Harrington  well  knowing  nnd  fearing  the 
hesitation  from  motives  of  delicacy  of  one  inventor  interfer¬ 
ing  with,  or  thrusting  himself  into  tho  inventions  of  another 
so  framed  his  contract  of  October  1st,  1870,  ns  to  cover  all 
of  Edison’s  inventions  with  the  exceptions  specifically  set 
forth,  and  so  worded  his  assignment  and  power  of  attorney 
as  to  causo  Edison’s  general  nssistanco,  not  only  to  invent 
and  improve  an  original  fast  system  of  his  own,  but  if 
necessnry,  and  within  his  power,  anil  desired  by  Harrington 
to  assist  in  the  developments  and  improvement  of  tho  Little 


Automatic  system  already  under  the  control  of  Harrington, 
ns  also  of  any  other  fast  system,  Automatic,  or  otherwise, 
not  tile  invention  of  Edison  of  which  Harrington  should  get 
possession; 


Articles  of  co-partnership  were  accordingly  entered  into 
between  Harrington  uud  Edison,  which  provided  : 

Suction-  1.  That  said  parties  will  he  partners  as  Inventors 
and  manufacturers  of  ‘‘all  and  whatsoever  may  be  required 
by  the  various  systems  of  telegraphy,  *  *  the  said  parties 
to  be  interested  ns  owners  in  ull  original  inventions  and  im¬ 
provements  invented,  purchased,  or  obtained  by  them,  or 
either  of ‘them  in  the  proportions  ns  hereinafter  set  forth.” 

Sec.  4.  ‘‘The  party  of  the  first  part  (Edison,)  shall  furnish 
the  sum  of  $3,000  in  the  manner  set  forth,  and  the  party  of 
the  second  part  shall  furnish  tho  sum  of  six  thousand  dollurs 

Sec.  6.  “  The  party  of  the  first  part  shall  give  his  whole 
time  and  attention,  talents  and  inventive  powers  to  the  in¬ 
terests  and  business  of  the  firm,  and  shall  admit  no  other 
parties  to  any  direct  or  indirect  interests  in,  or  to  any  inven¬ 
tions  or  improvements  made  or  to  be  made  by  him  except 
such  as  hereinafter  set  forth,  but  all  such  shall  enure  and 
belong  to  tho  parties  of  the  first  and  second  part  ns  above 
sot  forth,  in  the  proportions  sot  forth  in  section  sixth  of  this 
indenture.”  (The  exceptions  referred  to,  were  gold  and 
stock  reporting  inventions.) 

Sec.  G.  Sets  forth  the  proportionate  interests  as  one-third 
to  Edison,  and  two-thirds  to  Harrington. 

Seo.  8.  Sets  forth  that,  “  in  all  that  relates  to  the  finan¬ 
cial  affuirs  of  the  firm,  and  business  and  the  disposition  of 
the  products  of  the  fuctory  *  *  shall  bo  performed  or  up- 
proved,  controlled  uml  directed  at  his  option  by  tho  party 
of  the  second  part,"  (Harrington.) 

The  active  operations  of  tho  firm  wore  forthwith  com¬ 
menced,  and  thereafter  pushed  witli  great  vigor— a  factory 
having  been  fitted  and  furnished  with,  costly  machinery^ 


prior  to  the  end  of  October  or  within  thirty  days  from  the 
date  of  co-partnership,  tho  main  object  of  which  wns  to 
.experiment,  make,  test  and  perfect  new  inventions' and  im¬ 
provements  of  various  kinds  in  connections  with  “  the  various 
system  of  telegraphy.” 

During  the  six  months  succeeding  the  date  of  co¬ 
partnership,  Harrington  advanced  more  than  thirty  thou¬ 
sand  dollars  in  cash,  which  onnbled  Edison  to  mnko  and 
perfect  various  telegraph  inventions  nnd  improvements  ;■  and 
many  more  and  much  larger  expenditures  worn  in  contem¬ 
plation. 

In  order  to-  secure  tho  capital  thus-  invested',  and' 
expended  together  with  the  continued1,  and'  grenter  advances' 
thereafter  to  be  made,  and  tho  rights  of  Harrington  in  con¬ 
nection  therewith,  the-  said  Edison  in  good  lhith  and  in 
pursuance  of  his  agreement  ns  set  forth  in  tho  articles  of  co¬ 
partnership,  duly  executed  an  instrument  in  writing,  which- 
referred  to,  and  set  forth  and  recited  certain  provisions  of 
suid  contract  or  articles  of  co-partnership,  nnd '  thereupon 
reciting  that  the  said-  Harrington  lmd  faithfully  complied 
with  all  his  stipulations  and  promises,' did  then  and- therein- 
assign  and  set  over-  to  said  Harrington  two-thirds  interest 
anil  ownership  of  nil  his  (Edison’s,)  inventions,  made  nnd  to 
be  lntide,  and  declared  that  tho  patents  should  issue  to 
“said  Harrington  and  myself  (‘Edison,’)  in  the  propor¬ 
tionate  interests  of  two-tliirds  to  said  Harrington  and-  one-- 
third  to  myself  (‘Edison,’)  tho  whole  to  bo  under  tho  sole 
control  of  said  Harrington.”  And  he  furthermore  then  nnd 
therein  constituted  and  appointed  tho  said  Hiirrington  his- 
only  attorney'  irrevocable;  with  power  to-  subsitutc,  to  sell, 
assign,  transfer  and:  convoy  his— Edison’s— said'  one-third1 
interest  in  conjunction  with  Hnrrington’s-two-thirds  in  such- 
manner,  and  to  such  cxtent.ns  ho,  Hurrington,  might  think- 
proper-for  their  mutual  benefit,. 

In  tho  current  opcrntionB-ofthe  co-pnrtnership  nnd:  the- 
continuity-  of’ inventions,  that  is  to-  say,  early  in  1874 
Edison  iuvented  a  fast  system  of  telegraphy,  by  menus  of 
which-  four  times  tho  business-  can-  bo  done-over-  ono  wiro, 
than  can  be  done  by  the  Morse  system.  .  -■  .  . . 


Stearns,  looking  to  the  same  end  ns  Harrington,  via: 
greater  utilization  of  wires,  invented  a  fast  system  by  which 
tlie  work  of  two  wires  could  bo  done  upon  one,  thereby 
effecting  as  claimed  an  economy  of  fifty  por  cent.  This 
he  denominated  the  “Duplex  System." 

Wlieatstouo  of  England  invented  a  fast  system  which  is 
equal  to  from  four  to  six  Morse  wires  for  short  distances. 
This  is  operated  by  machinery  ns  is  Little’s,  and  is  known 
ns  Wheatstone's  or  the  English  fast  system. 

Edison's  invention  by  permitting  four  times  the  amount 
.  of  business  to  bo  transacted  on  one  wire  on  long  nnd  short 
distances,  than  can  bo  done  by  the  Morse  system,  effects  a 
saving  in  wires  of  seventy  fivo  per  cent,  and,  will  permit 
the  volume  of  business  to  increase  four  fold  before  there 
will  be  an  occasion  for  more  capital,  if  existing  wires  are 
used  or  if  new  linos  nnd  wires  are  erected,  but  about  one- 
fourth  the  capital  will  suffice.  This  fast  system  lie  dis¬ 
tinguished  by  the  name  of  “  The  Quadruplcx  System.” 

We  hold  therefore  that  these  Duplex  nnd  Qundruplex  in¬ 
ventions  are  included  directly  within  the  terms  of  the  nssign- 
ment  and  power  of  attorney  to  Harrington  from  Edison, 
even  though  it  ho  interpreted  alone  nnd  without  reference  to 
the  contract  before  alluded  to.  This  assignment  of  1871, 
refers  principally,  to  quote  from  it,  to  “  the  Little  or  other 
system  of  automatic,  or  fast  system  of  telegraphy.” 

A  review  of  the  circumstances  under  which  it  was  made, 
and  the  objects  in  view  in  making  it,  will  aid  in.fairly  con¬ 
struing  it;  nnd  these  arc  matters  allowed  to  be  introduced 
m  construing  such  documents.  When  it  was  made,  Mr. 
Harrington  wns  endeavoring  to  .find  the  road  to  cheap  nnd 
economical  telegraphy.  Hot, only  did  lie  incur,  heavy  pecu¬ 
niary  obligations  in  obtaining  nnd  perfecting  inventions,  but 
in  addition  to  . the  establishment  of  a ,  complete  factory,  he 
obtained  control  of  an  independent  telegraph  lino,  of  one 
wire  extending  from  Now  York  to  Washington,  on,  and 
arcade  hBC°Uld  ***  inventions 


iv  of  the  great  facilities  possessed  liy  the  Western 
|  Mnion  Telegraph  Company  nnd  its  practical  monopoly  of 
telegraph  business,  there  wns  but  one  way  possible  to  secure 
the  capital  fora  rival  company,  and  obtain  n  share  of  the 
business ;  this  was  by  adopting  or  devising  such  arrange¬ 
ments  ns  would  enable  a  rival  to  offer  to  do  the  work  at  lower 
rates ;  to  offer  “  the  most  telegrnphing  for  the  least  money." 
But  no  such  advantage  could  bo  offered  if  the  ordinary 
Morse  system  was  adhered  to  nnd  used.  The  capacity  of 
i  any  single  wire  used  with  such  system  wns  well  known,  had 
;  been  accurately  determi ned  and  the  rates  based  on  such  data. 
In  nn  editorial,  the  “Journal  of  the  Telegraph”  of  January 
15th,  1875,  (this  Journal  is  published  by  and  is  the  official 
organ  of  the  Western  Union,  nnd  under  the  charge  of  Mr. 
Prescott,  the  Electrician  of  the  Western  Union  Company,) 
snys,  “the  old  system,  ( i .  e.  ordinary  Morse,)  of  telegraphy, 
allowed  a  single  Morse  wire  in  n  lively  circuit  to  average  per 
i  hour  about  forty  messages  of  twenty  words  ench.”  Hence 
|  if  rates  were  to  be  reduced,  a  necessity  on  the  part  of  Mr. 

|  Harrington,  it  could  only  bo  done  by  increasing  the  capncity 
;  of  the  “single  Morse  wire,"  so  that  many  times  the  “forty 
i  messages"  above  referred  to,  could  be  sent  thereon  in  ono 
hour. 

To  accomplish  this  wns  the  object  of  the  Harrington  and 
Edison  contract.  Any  such  increase  of  capncity  was  called 
“  fastness,"  and  any  system  so  increasing  the  capncity  was 
called  “fast."  This  term  “fast”  had  application  to  capacity 
only,  to  the  number  of  messages  transmitted  over  a  given 
wire  in  a  given  time,  taking  the  old  system  as  the  standard ; 
for  by  no  means  could  tho  speed  of  the  electrical  impulses  be 
increased,  but  more  of  them  could  bo  sent  ovor  the  wire  in  a 
given  time. 

i  ■  When  this  assignment  wns  mado,  Harrington  controlled 
Little’s  so  called  “Automatic  system,"  ono  of  the  “ fast 
systems."  This  system  Mr.  Harrington  was  experimenting 
with  under  tho  immediate  direction  of  Mr.  Little.  But 
there  wero  other  systems  by  which  tho  snmo  result  (increase 
of  capacity)  could  bo,  in  a  measure,  obtained. 


10 


Mr.  Ellison  had' already  investigated  tlie  Duplex — hail  in 
18G8  invented  a  now  form  thereof,  which  he  published  with 
diagrams  in  tho  “The  Telegrapher”  of  that  year.  So  thoro 
i  was  milled  thoreto,  as  covering  these  other  systonispind 
\  having  in  view  the  result  aimed  at,  tho  words  “or  fast  sys- 
'tems  of  telegraphy.” 

That  “fast  systems"  includes  all  systems,  plans  or 
methods  for  increasing  tho  capacity  of  the  wire,  lius  never 
boon  soriously  denied,  unless  personal  interests  demanded  it. 
In  fnct,  when  such  interests  have  been  lost  sight  of,  this 
definition  of  “fast"  has  been  given  by  nil  electricians  and 
telegraphers :  even  by  Mr.  Prescott,  who  in  this  case  con¬ 
tests  it,  anil  by  Mr.  Pope.  These  two  gentlemen  control  tho 
Electricnl  and  Telegraph  Journuls  of  this  country— Mr. 
Prescott  controlling,  as  Eleetricinn  of  the  Western  Union 
Company,  its  organ  “Tho  Journal  of  the  Telegraph,”  and 
Mr.  Popo  controlling  “The  Telegrapher,”  generally  recog¬ 
nised  as  an  independent  Journnl. 

In  the  Western  Union  “Journal"  for  September  15th, 
1874,  is  an  editorial  commencing  as  follows : 

"Past  Systems  of  Telegraphy." 

“  0llr  present  issue  contains  a  pnper  on  Automatic  Tele¬ 
graphy,  by  George  13.  Prescott,  copied  from  the  ‘Scientific 
American  ’  of  November  oth,  1870,  and  an  article  on  multi¬ 
ple  .transmission  from  ‘Sabine’s  Electric  Telegraph,’  1809, 
giving  an  account  of  the  various  attempts  made  in  Europe  to 
produce  a  practical  system  for  tho  transmission  of  two  mes¬ 
sages  in  one  direction,  on  one  wire,  at  the  same  time.” 

.  “ltw  '‘general  reference  to  Mr.  Prescott’s  descrip¬ 
tions  of  the  “Automatic,”  and  of  the  Multiplex  systems,  it 
goes  on  ns  follows,  concerning  the  Qunilruplex : 

“  During  the  past  few  months  Mr.  Gl-orge  B.  Prescott  and 
Mr.  Thomas  A.  Edison  linvo  been  industriously  at  work 
upon  their  new  Quadruplcx  Telegraph,  and  having  finally 

hwill  ben  "'“r-1'1  “,0  W'ly  of  ita  laical  success! 
it  will  be  at.  once  put, in  operation  between  all  important 
places  upon  tli.o  Westorm  Union  linos.  As  an  evidence  of 
tho  great  value  it  will  bo  to  tho  Company  in  tho  successful 


*11 

handling  of  its  immense  traffic,  wo  will  mention  that  402 
messages  taken  at.  random  from  tho  current  business  of  the 
day,  were  sent  ovor  a  single  wire  three  hundred  miles  long, 
and  copied  in  a  good  legible  hand  in  one  hour  and  a  half. 
Four  operators  wore  employed  in  sending,  mid  four  in 
receiving.  The  messages  were  of  average  length,  anil  fairly 
represented  the  ordinary  correspondence  of  tho  lines'.  The 
operators  were  all  first-class,  anil  worked  ns  fast  as  they 
could,  one  of  them  receiving  90  messnges  in  an  hour.  They 
could  not,  of  courso,  keep  up  this  speed  all  day,  but  they 
demonstrated  the  fact  that  they  could  do  fully  as  much  busi¬ 
ness  on  ono  wire  with  the  Quadruplcx,  ns  they  could  on  four 
wires  with  tho  ordinary  Morse  apparatus.  With  a  system 
which  can  quadruple  the  capacity  of  all  tho  main  arteries  of 
communication  which  the  Company  possesses,  what  esn  stand 
in  the  wuy  of  its  growth  and  prosperity?  And  in  view  of 
this  fact,  of  what  possible  value  are  any  of  tho  Automatic 
systems  which  are  so  noisily  and  persistontly  kept  for  snle 
before  an  unappreciative  public  I” 

Thus  grouping  under  tho  term  “fnst  systems,”  tho  vari¬ 
ous  “Automatic,”  “Multiplex,”  “  Duplex  ”  and  “Quad- 
rnplex”  telegraphs,  and  this  in  tho  official  organ  of  Messrs. 
Orton  and  Prescott,  whose  testimony  on  this  point  we  are 
willing  to  accept.  Then,  as  commenting  on  this  nrticle,  an 
editorial  appears  in  the  Telegrapher  of  September  20th,  and 
27th,  in  part  as  follows : 

“ The  Edison  and  Prescott  Organ  and  Fast  Systems  of 
Telegraphy. 

“Tho  Inst  number  of  the  Journal  of  the  Telegraph ,  venti¬ 
lates  tho  ideas  of  Messrs.  Edison  and  Prescott  on  tho  subject 
of  “Fnst  Systems  of  Telegraphy,”  at  considerable  length. 

“  Wo  havo  not  spaco  to  follow  out  tho  subject,  and  will  only 
say  that  Mr.  Prescott,  in  his  second  attack  upon  automatic 
telegraphy,  has  not  bettered  his  ense,  and  substitutes  asser¬ 
tions  'which  experience  has  disproved  for  nrgumont. 

“But  it  is  when  tho  achievements  of  Prescott  and  Edison 
.  came  under  consideration  that  the  writer  warms  up  to  his 


theme.  '  The  automatic  inventions  of  Little,  Wheatstone  j 
and  others  sink  into  insignificnnco  alongside  of  the  great  .  jl 
' quadrupled  invention/  which  is  hound  to  at  onco  revoln-  3 

tionize  telegraphy,  and  carry  the  inventors,  the  Western  ■?! 

Union  Telegraph  Company,  and  all  concerned,  on  to  glory  'm 
and  fortuno.  When  this  great  invention  is  fully  developed, 
all  other  fast  systems  of  telegraphy  must  subside  into  insig-  \ 
nificnuco,  and  disappear  from  the  face  of  the  earth  liko  the  '  .V? 
dow  before  the  morning  sun.”  . 

Including  again  these  same  systems  under  tlio  general 
heading,  “  Fast  Systems."  ' > C 

Again,  in  the  Telegrapher  of  January  2nd,  1875,  is  an  >  ■? 
editorial  in  pnrt,  ns  follows  : 

The  discussion  of  Fast  Telegraphy.  $ 

“As  will  he  seen  from  the  columns  of  the  Telegrapher,  the 
discussion  ot  the  automatic,  duplex  and  quadruplex  inven- 
tions  und  systems  is  exciting  much  interest.  We  arc  pleased 
to  open  the  columns  of  the  Telegrapher  to  this  discussion,  l 
as  nothing  can  more  interest  the  telegraphic  fraternity,  and,  Si 

in  fact,  every  person  connected  with  telegraph  interests,  than  |J 

Jthe  development  ot  the  host  telegraphic  system,  and  that  !'■« 

’  which  shall  bo  for  the  best  interest  and  advantage  of  all  ! 
concerned.”  5* 

Classing  under  tho  general  heading  “fast,”  the  auto-  :i 
matic,  duplex  and  quadruplex. 

In  tho  same  paper,  January  16,  1875,  is  nn  editorial  from  >§ 
which  tho  following  is  nn  extract :  IS 

“  The  question  ot  fast  telegraphy,  or  automatic,  duplex  and  4 
quadruplex,  durives  much  of  its.  interest  and  importance  | 

from  the  udvuntngc  which  it  may  atl’ord  to  tho  competing  ■ 

parties.  It  is  reasonable  to  suppose,  therefore,  that  neither  1 1 
party  will  neglect  any  opportunity  to  strengthen  itself  in  I 

this  respect.”  I 

■  I 

Thcso  definitions  of  “  fast  "  ns  applied  to  telegraphy,  are  k 
the  official  utterances  of  tho  two  Journals  in  this  country,  | 

which  are  the  recognized  authorities  on  this  subject  of  tole-  I 


grnpliy,  and  they  derive  their  weight  from  the  fact,  that 
tlioy  wore  written  for  these  journals,  to  becomo  pnrt  of  tho 
standard  and  current  history  of  telegraphy,  and  they  were 
not  written  under  the  bias  of  interest,  either  as  clnimnnt  or 
export.  They  show  conclusively,  that  tho  applications 
which  Mr.  Harrington  now  claims  to  have  issued  to  him, 
fall  clearly  within  tho  provisions  of  tho  assignment,  under 
which  ho  claims.  On  this  point  both  Mr.  Harrington  and 
Mr.  Edison  are  agreed.  They  have  complied  fully  with  all 
oflico  requirements.  They  have  requested  tho  issue  of  the 
patents,  as  per  tho  assignment  of  1871,  and  no  number  of 
assignments  sinco  made  to  Mr.  Prescott  or  anyone  olso, 
should  bo  allowed  l>y  tho  office  to  work  detriment  to  Mr. 
Harrington’s  interests. 

Whatever  cxcuso  thoro  might  liavo  been  for  others, 
through  ignorance,  etc.,  to  attempt  to  deprive  Mr.  Har¬ 
rington  of  his  rights,  there  was  none  for  Mr.  Prescott.  Ho 
know  of  the  assignment — it  was  not.  only  of  record,  hut  it 
was  also  a  matter  of  public  notoriety — ho  knew  it  included 
all  fast  systems  of  telegraphy,  and  lie  know-  that  these  wore 
fust  systems.  The  question  may  bo  asked,  then  why  did  not 
Mr.  Harrington  sooner  move  in  tho  matter?  Hot  only  was 
Mr.  Harrington  absent  at  tho  time,  but  reference  to  the 
editorial  extracts  beforo  given,  and  to  bo  hereinafter  given, 
will  show  that  they  always  stated,  that  Mr.  George  B.  Pres¬ 
cott  and  Mr,  Tliomns  A.  Edison  had  invented  certain  things, 
that  is,  Prescott  and  Edison  were  joint  inventors,  nnd  Mr. 
Harrington  has  evidence  that  tho  original  contract  in  their 
cases  were  so  prepared,  This  was  skilfully  done  to  mislead 
Mr.  Harrington— it  was  tho  first  plan  to  deprive  him  of  his 
logul  and  equitable  right  to  theso  inventions.  He  was  to  bo 
led  to  believe  that  thcso  things  were  the  joint  inventions  of 
Prescott  nnd  Edison,  and  that  whatever  claims  ho  might 
have  upon  the  inventions  of  Mr;  Edison,  ns  solo  inventor, 
he  had  nono  on  those  of  Prescott  and  Edison  as  joint  in¬ 
ventors. 

As  soon  as  ho  learned  from  Mr.  Edison,  that  notwith¬ 
standing  the  newspaper  puffs,  and  the  many  assertions  in 
Mr.  Prescott’s  paper,  that,  in  reality,  Mr.  Prescott  had 


invented  nothing  whatever  therein,  nnd  Mr.  Harrington 
took  steps  to  protect  his  interests. 

Before  concluding,  it  may  ho  well  to  give  a  few  citations, 
showing  that  all  systems  have  been  judged  by  their  capacity 
to  enable  in  a  given  time,  more  work  to  be  done  upon  a 
single  wire; — that  “fast”  referred  to  such  capacity,  and 
lienee  Messrs.  Prescott  and  Pope  ns  Editors,  classed  “auto¬ 
matic,"  “multiplex,"  “duplex”  and  “quadruples"  under 
the  general  heading,  “fast  systems.” 

“Mr.  Cully,  the  engineer-in-ehief  of  the  British  Postal 
Telegraph  Department,  says :  That  the  automatic  system, 
as  it  is  at  present  employed  by  the  post-oflicc,  in  its  tele¬ 
graphic  correspondence  between  London  nnd  the  principnl 
cities,  works  at  a  speed  of  from  twenty  to  one  hundred  nnd 
twenty  words  per  minute.  But  when  the  land  line  is  in¬ 
creased  to  three  hundred  miles,  with  sixty  miles  of  cable  in 
the  circuit,  the  speed  will  be  only  from  forty  to  eighty  words 
per  minute.” 

Here,  “speed”  is  used  as  referring  to  capacity  for  busi¬ 
ness. 

In  Mr.  Orton’s  annual  report  in  1804,  he  lauds  the  quad-  ' 
ruplex  on  account  of  increased  capacity. 

******  “But  the  past  year  has  produced  an  inven¬ 
tion  more  wonderful  than  the  duplex.  Mr.  Thomns  A, 
Edison  and  Mr.  George  B.  Prescott,  the  electrician  of  the 
company,  have  discovered  processes  nnd  invented  apparatus, 
by  means  of  which  two  messages  cun  be  sent  in  the  same 
direction,  and  two  other  messages  in  the  opposite  direction, 
simultaneously  upon  one  nnd  the  same  wire.  ThiB  inven¬ 
tion,  which  they  hnve  christened  the  Qundruplcx,  has  boon 
in  successful  operation  between  our  New  York  and  Boston 
offices  for  the  last  two  weeks,  and  is  satisfactorily  perform¬ 
ing  an  amount  of  work  upon  one  wire,  quite  equal  to  the 
oapncity  of  four  wires  worked  with  the  ordinary  Morso  ap¬ 
paratus.”  ***** 


Extract  from  Journal  of  Telegraph,  (Western  Union' Organ,) 
January  16,  1876. 

*****  <<Tlle  old  system  of  telegraphy  allowed  a 
single  Morso  wire,  in  a  lively  circuit,  to  averngo  per  hour, 
about  forty  messages,  of  twenty  words  each.  A  message  going 
one  way  or  the  other  occupied  the  wire  to  the  exclusion  of 
every  other  message.  *****  But  the  value  of  the 
quadruplex  system  will  be  readily  inferred,  when  wo  state 
that  there  were  sent  and  received,  simultaneously  over  a  single 
wire,  two  hundred  and  thirty-three  messages  in  one  hour. 
The  messages  sent  and  received,  were  such  ns  constitute  the 
every-day  business  of  the  Western  Union  offices,  and,  sup¬ 
posing  them  to  nverngo  twenty  words  encli,  we  have  an 
aggregate  of  four  thousand  six  hundred  and  sixty  icords  over 
a  single  wire  in  sixty  minutes — a  wonderful  achievement  in 
telegraphy."  ***** 

Extracts  from  Editorials  in  “The  Tclgraphcr," 

*  *  *  *  «'pi,u  chief  advantage  to  bo  derived  from  auto¬ 
matic  telegraphy,  nnd  the  way  in  which  it  is  to  bo  utilized 
in  tiio  reduction  of  the  cost  of  telegraphic  service,  is  in 
increasing  very  largely  tho  capacity  of  telegraph  lines  for 
the  transmission  of  business.  It  has  beon  well  said  by  Mr. 
Orton,  in  his  official  reports  to  the  Western  Union  Telegraph 
Company,  that  tho  demand  for  tologrnphic  sorvico  increases 

•  so  rapidly  that  it  lias  become  a  serious  problem,  how  this 
demand  was  to  be  met  without  such  a  constant  addition  to 
tho  wires  us  is  not  only  difficult  to  be  mndo,  but  which 
seriously  diminishes  tho  profits  to  bo  derived  from;  tho  busi¬ 
ness.  Tho  duplex  lias  for  a  timo  mot  this  domund  with 
that  company,  and  they  aro  now  striving  to  still  further 
solve  tho  problem  with  the  quadruplex.  It  can,  however,  in 
our  opinion  only  bo  fully  solved  by  tho  automatic  system, 
and  this  will  eventually' become  a  leading  telegraph  system 
in  this  country.”  *****  November  21lh,  1814. 

*  *  *  *  “It  will  bo  noticed  that  Mr.  Eckert  vory  plainly 
intimates  in  his  curd  to  The  Tribune,  that  it  is  his  expecta¬ 
tion  to  be  able  in  his  now  position  to  give  the  public  cheap 


telegraphy;  With  the  quadruplex  and  the  automatic  sys¬ 
tems,  both  of  which  nro  to  ho  adopted  and  used  by  the 
Atlantic  and  Pneifio  Company,  if  necessary  or  advantageous, 
it  is  expected  to  so  greatly  increase  the  capacity  of  the  lines 
for  business  as  to  mako  feasible  low  rates  for  telegraphic 
servico.”  *****  January  23rd,  1875. 

Mr.  Granville  in  the  “  Telegraphic  Journal  "  of  London 
in  an  article  on  “  Duplex  Telegraphy  ”  last  year  said. 

*  *  *  *  “  A  further  reason  for  the  invention  not  being  fol- 


dh  It  may  bo  well  to. notice  that  in  somo  cases  “  automatic’* 
M  °nd  “  fast  ”  have  boon  UBed  ns  apparently  synonymous,  but 
'  f|  an  investigation  of  each  case  where  there  is  such  appenrance 
jp  will  show  that  it  is  only  a  more  appearance:  that  the  word 

■  |  “  fust”  is  used  in  ouch  instance  by  somo  one  interested  in 

some  system  of  Automatic  Telegraphy,  or  in  some  portions 
thereof,  which  he  pulls  ns  “the  fast”  system,  using  the 
word  as  a  glorification  of  his  particular  wares,  just  ns  somo 
of  the  sewing  machine  companies  advortiso  thoir  machines 


lowed  up  may  be  found  in  the  fact  that  the  traffic  of  those 
days  was  easily  met,  and  telegraph  engineers  were  not 
goaded  on  to  investigate  the  difficulties  attending  the  intro¬ 
duction  of  a  system  which,  by  enabling  lines  to  perform 
twice  their  previous  amount  of  work,  has  virtually  doubled 
the  efficiency  of  the  wires  in  use.” 

*  *  *  *  “It  is  reckoned  equal  in  importance  to  the  dis¬ 
covery  of  Stcinheil,  who  demonstrated  that  return  wires 
could  be  dispensed  with  by  the  use  of  enrth  plates.  In 
resultant  effects  the  ‘duplex’  is  strikingly  similar  to 
Stoinhoil’s  discovery,  since  both  have  doubled  the  resources 
of  telegraphy — the  former  directly,  by  actually  doubling  the 
working  capacity  of  wires ;  the  latter  by  halving  the  lengths 
of  lines,  inasmuch  ns  return  wires  were  proved  to  bo  no 
longer  needed.”  ***** 

The  above  and  tho  citations  previously  given  show  three 
things :  ~ 

1st.  That  tho  value  or  merit  of  various  telegraphic  sys¬ 
tems  has  been  determined  by  a  comparison  of  capacity  with 
tho  ordinary  Morse. 

2nd.  That  all  whose  capacity  was  increased  ovor  this 
standard,  wero  grouped  authoritatively  under  tho  general 
head,  “fust  systems.!’ 

3rd.  That  “  fast  systems  ”  embraces  the  sub-heads  : 

“  Automatic.” 

“  Multiplex.” 

“Duplex.” 

“  Quadruplex." 


as  “  the  best,”  eto.  In  this  sense  Mr.  Harrington  himself 
1ms  called  the  Little  system  “  the  fust  ”  system,  using  “  tho 
fast”  as  u  superlative  adjective  t.  e.  that  it  is  tho  fastest  of  tho 
fust  system,  and  not  us  u  synonym  for  another  name  for  a 
class.  •  He  has.  used  it  (i.  e.  “  tho  fast”)  as  one  superlative 
just  as  Mr.  Orton  hns  used  “  tho  slow  ”  ns  another  superla¬ 
tive  :  ench  form  expressing  individual  views,  and  not  per¬ 
taining  to  the  formation  of  synonymous  nouns  or  names. 

This  kind  of  use  of  tho  adjective  “fast”  is  shown  in  tho 
following  extract  from  an  editorial  in  tho  “  Telegrapher,” 
October  30th,  1874,  criticising  a  letter  of  Mr.  George  Little 
to  Mr.  Orton. 

*  *  *  *  “It  will  be  seen  that  Mr.  Little,  while  admitting 
Mr.  Orton’s  assertions  in  regard  to  the  chemical  paper  sys¬ 
tem  of  Lain,  or  the  later  one  of  Prof.  Wheatstone,  not  being 
covered  by  controlling  patents,  argues  that  his  American 
system  now  used  by  the  Automatic  Telegraph  Coinpuny,  is 
a  very  different  and  the  only  really  fast  telegraph  system, 
and  is  completely  covered  by  his  patents."  ***** 

Mr.  Little  lind  written  ns  follows  in  the  sumo  number  of 
tho  Telegrapher. 

“You  say,  of  ‘  fast  ’  telegraphy :  ‘  This  is  a  favorite 
designation  given  by  its  friends  to  wlint  is  better  known  as 
the  automatic  system.  Why  it  should  bo  called  1  fust  ’  I 
have  never  boon  able  to  comprehend.’ 

“I  will  now  proceed  to  explain  to  you  why  this  system  of 
telegraphy  is  ‘fast’  and  works  equally  well,  if  not  bettor, 
during  such  storms  as  would  scorn  to  render  other  systems 
unreliable,  and  somotimes  useless.” 


Jinny  other  extracts  might  bo  given,  nil  showing  this  ad-  !. 
mitted  uso  of  tho  word  “  fust ;  ”  but,  ns  before  stated  it  will  , 
bo  apparent  tlmt  no  one  of  them  claims  to  define  “  fast”  ns  < 
applied  to  systems  of  telegraphy,  but  that  they  only  give,  | 
so  to  speak,  the  dealer’s  puff  of  his  own  wares — his  own 
opinion  of  his  one  of  many  systems  of  telegraphy  having 
the  same  object. 

We  think  n  careful  consideration  of  theso  points,  estab¬ 
lishes  conclusively  the  fncts  that  the  assignments  to  Jlr. 
Harrington,  covered  any  and  nil  fast  systems  of  telegraphy. 
That  those  in  which  capacity  for  business  is  incrcnscd  over  X 
the  old  Jlorso  standard  are  “fast  systems.” 

That  among  theso  fast  systems  are  the  various  “  Auto-  p 
mntic,”  “  JIultiplex,"  “  Duplex  ”  and  “  Quadrcplex  ”  sys-  g 
terns.  Hence,  that  patents  on  theso  applications  should  | 
issue  to  Jlcssrs.  Harrington  and  Edison  jointly.  f 

And  further,  in  point  of  fact,  both  Jlessrs.  Harrington  ? 
and  Edison  having  requested  the  Hon.  Commissioner  to  so 
issue  tho  patents,  and  this  assignment  having  been  n  matter 
of  record  and  of  public  notoriety  for  over  threo  years  before  ! 
tho  alleged  assignments  to  Prescott,  that  he,  Prescott,  has  no 
rights  whatever  in  these  applications,  or  lawful  stnnding 
before  the  office  where  they  are  concerned. 

So  far  as  Jlr.  Prescott  is  concerned  ns  may  be  said,  (hat 
lie  held  himself  out  to  the  public,  in  a  journal  under  his 
own  control,  ns  a  joint  inventor,  when  in  fact  he  knew  he  -J 
was  not  such  joint,  or  any,  inventor  ut  all.  J 

And  furthermore,  that  tho  President  of  tho  Compnny  of  1 
which  Mr.  Prescott  is  Electrician,  has  so  held  him  out  to  | 
the  public  in  his  official  report  to  the  stockholders  of  tho  -fj 
Western  Union  Telegraph  Company.  'J 

On  this  point  wo  are  justified  in  entering  somewhat  more  ;| 
at  large.  s 

Jlr.  Harrington,  by  searching  investigation,  made  him-  :  | 
self  thoroughly  acquainted  with  the  .condition  of  the  tele-  | 
graph  property  in  tho  country,  as  also  of  tho  details  of  tho  ? 
methods  or  systems  of  telegraphy,  their  cost  of  operating,  I 


19 


their  deficiencies  and  defects,  and  what  was  requisite  to  meet 
tho  growing  demands  of  tho  telegraph  business,  stimulated 
us  it  might  be  by  material  reductions  in  charges  to  a  point 
offering  cheap  telegraphy  for  tho  whole  people. 

We  hove  shown  that  tho  Jlorse  system — the  only  system 
iu  general  use,  and  for  which  all  the  telegraph  offices  of  tho 
country  were  fully  equipped — is  radically  defective,  in  being 
of  limited  capacity,  thereby  involving  great  waste  of  wire 
capacity,  in  its  great  cost  of  operating,  including  annual 
maintenance  of  lines  and  wires,,  us  compared  with  tho 
amount  of  business  transacted,  and  in  its  unceasing  demand 
lor  more  capital. 

Wo  have  shown  also  that  tho  Western  Union  Company 
were  opposed  to  tho  introduction  of  new  systems  for  reasons 

'  And  we  think  it  clear  that  fust  and  economical  systems 
mid  reduced  charges  huve  become  a  necessity  to  the  con¬ 
tinued  existence  of  any  telegraph  company,  and  especially 
to  the  Western  Union  Company,  which  has  such  a  vast 
amount  of  idle  and  unproductive  capacity  in  their  existing 
expensive  network  of  wires. 

Equally  is  it  a  fact  that  Jlr.  Harrington,  at  great  cost  in 
time  and  money,  bus  succeeded  in  developing  such  new  de¬ 
vices  and  new  systems,  ns  will  fully  meet  tho  requirements 
for  cheap  telegraphy,  by  reducing  the  demand  for  capital  and 
the  current  cost  of  operating  to  a  minimum. 

■  Upon  nil  occasions,  in  public  and  in  private,  tho  President 
of  the  Western  Union  Company,  ns  Harrington  has  been 
reiieatcdly  informed  and  believes,  bus  ridiculed  liis  inven¬ 
tions  and  denied  their  claims  of  superiority  us  advanced  by 

Bccognixcd  ns  the  superior  authority  in  telegraph  matters, 
the  Western  Union  Company,  by  its  officers  mid  representa¬ 
tives,  and  especially  by  its  President,  Wm.  Orton,  and  its 
employee,  Geo.  B.  Prescott,  succeeded  in  misleading  the 
public  by  creating  the  belief  that  the  representations  of 
Harrington  and'  his  associates,  Jlessrs.  Little  and  Edison, 
wore  without  basis  in  fact,  and  they  thereby  seriously,  em- 


bnrrassed  Harrington  in  his  pecuniary  n flairs,  an  embarrass¬ 
ment  which  was  ovorcomo  only  with  groat  difficulty. 

These  inisroprcsontations  Anally  culminatod  in  an  official 
attack  upon  the  inventions  controlled  l>y  Harrington,  which 
was  contained  in  an  open  lutter  from  the  President  of  the 
Western  Union  Company  to  the  Post  Master  General  of  the 
United  States,  and  by  that  Company  published  and  spread 
broadcast  throughout  thejand. 

Then  and  for  the  Arst  time  was  Harrington  induced  for¬ 
mally  to  notice  the  attacks  made  upon  his  property  from  that 
authoritative  source.;  not  by  wordy  denials,  nor  by  meaning¬ 
less  correspondence,  but  by  an  open  and  practical  test  of  the 
statements  of  Mr.  Orton,  intended  to  bo  detrimental  to' the 
property  which  Harrington  had  obtained  with  so  much  labor 
and  at  such  great  cost. 

That  test  pas  made  in  presence  of  several  distinguished 
gentlemen,  whose  integrity  could  not  Ire  impeached,  and 
completely  refuted  every  assertion  of  Mr.  Orton.  This  was 
followed  by  public  discussion  and  further  developments,- 
which  indicated  that  if  the  Western  Union  Company  would 
maintain  the  supremacy  which  up  to  that  time  had  been  so 
fully  accorded,  they  must  inaugurate  the  economics  which 
Mr.  Harrington  had  demonstrated  were  in  reach  by  his  fast 
systems,  but  impossible  with  any  system  controlled  by  that 
Company. 

Thus  the  devices  and  systems  under  the  control  of  Mr. 
Harrington  were  fast  attaining  n  commanding  position,  not¬ 
withstanding  the  unceasing  opposition  of  Mr.  Orton. 

Mr.  Orton  had  placed  upon  record  before  the  public,  his 
Stockholders  and  Board  of  Directors,  his  assertions  and 
statements,  that  there  was  no  merit  in  the  new  devices  and 
systems,  and  ho  lmd  also  repeatedly  declared  that  he  could 
and  would  prevent  capital  from  enlisting  in  their  extension. 

Wo  have  cited,  the  most  prominent  of  his  attacks  upon  tho 
merits  of  these  inventions  and  dearly  proved -that  they  were 
baseless  fabrications. 

.  We  may  hero  cite  and  prove  one  of  hut  more  liusuccoss- 
ful  movements  to  frustrate  the  eltbrts  of  Mr.  Harrington  for. 
the  extension  of  liis  systems. 


"  In  pursuance  of  bis  plnns,  Mr.  Harrington  made  n  com- 
tract  with  tho  Pacific  and  Atlantic  Telegraph  Company 
whose  lines  extended  from  New  York,  via  Philadelphia  nn( 
Baltimore,  to  Pittsburg,  Chicago,  St.  Paul’s,  St.  Louis 
Cincinnati  and  Memphis,  to  New  Orleans,  for  the  introduc 
tion  thereon  of  his  new  systems. 

As  soon  as  Mr.  Orton  learned  of  that  contract,  in  fulfll 
meat  of  his  threat  to  prevout  capital  from  associating  rvitl 
Mr.  Harrington,  lie  purchased  a  suflicicnt  amount  of  tho 
stock  of  that  Company  to  incorporate  tlioir  lines  in  tho 
Western  Union  system,  notwithstanding  neither  the  lines 
wires  or  officers  were  required  by  that  Company  for  its  cur 
rent  business,  and  with  the  full  knowledge  that  with  tlio 
Morse  system  they  had  been  operated  at  an  annual  loss. 

In  his  annual  report  for  1873,  reiterated  in  thnt  of  1874 
in  which  this  absorption  of  the  PuciAc  and  Atlantic  Com 
pany  was  announced,  Mr.  Orton,  after  declaring  that  “a 
the  rates  now  established  it  is  impossible  for  nny  competing 
company  to  realize  proflts,”  adds:  “  the  extension  of  com 
peting  lines  has  ceased,  and  it  is  not  believed  thnt  capital 
can  be  found  wherewith  to  inaugurate  new  enterprises  in 
any  quarter.  The  time  is  not  distant,  therefore,  when  the 
Western  Union  Company  will  bo  without  a  substantial  com¬ 
petitor  in  the  conduct  of  n  business  which,  notwithstanding 
tho  enormous  growth  of  the  last  seven  years,  is  still  in  its 
infancy." 

Mr.  Harrington  frankly  admits  and  declares  that  lie  has 
been  greatly  embarrassed  and  delayed,  by  the  opposing 
efforts  of  Mr.  Orton,  and  that  ho  hns  been  subjected  to  large 
losses  in  conscquoiico  thereof,  and  ho  is  now  called  upon  to 
resist  what,  ho  beliuves  to  lio  a  deliberate  conspiracy  to 
doprivo  him  of  property  of  great  value. 

-  As  hns  been  shown,  the  conviction  wns  forced  upon  Mr. 
Ortou,  that  the  Western  Union  Company  wns  necessitated  to 
control  some  fastor  system.  They  owned  tho  “  Duplex’’  of 
Stearns,  tho  immense  advantages  of  which  were  sot  forth  in 
tho  Wcstorn  Union  Boport  of  1873,  in  laudatory  mid  some¬ 
what  extravagant  language.  .  But  with  nil  its  advantages, 
Mr.  Orton  sayB,  in  , that  same  report,  “During  *  *  tho  last 


three  weeks  our  wires  between  the  principal  cities  hnvo  been 
tnxed  to  their  utmost  capacity,  nml  if  we  had  doublo  the 
number  on  some  routes  they  would  hnvo  been  insufficient." 

In  the  report  of  1874,  Mr.  Orton  quietly  declares  tlint 
tlicro  nro  some  serious  defects  in  their  Duplex  which  impairs 
its  efficiency. 

Forced  to  notion,  and  having  utterly  condemned  American 
improvements,  Mr.  Orton’s  failing  health  led  him  to  Eng¬ 
land,  where,  according  to  authentic  information,  he  at 
once  opened  negotiations  for  the  purchase  of  the  Wheatstone 
fast  system.  In  this  ho  failed. 

Some  timo  previously  Mr.  Hnrrington  had  thrown  open 
his  one-wire  lino  between  Now  York  and  Washington,  and 
intermediate  cities,  giving  20  word  messnges  for  25  cents, 
for  which  the  Western  Union  charged  70  cents. 

In  the  appendix  to  liis  annual  report  of  1873,  Mr.  Orton 
makes  an  exhibit  of  the  cost  of  operating  the  Western 
Union  lines  by  their  system,  showing  that  cost  for  two  items 
to  be  32J  cents  for  10  word  messages,  and  declurcs  that  “  no 
amount  of  telegraph  business  at  24  cents  a  mossnge,  which 
it  would  have  been  possible  to  handle,  would  have  yielded 
sufficient  money  to  pay  salaries  of  operators  and  messengors, 
and  cost  of  maintaining  lines,”  adding,  “  nny  considerable 
increase  in  the  number  of  messages  involves  the  provision 
of  additional  wires,  and,  as  the  mileage  of  poles  and  wires 
increases,  the  aggregate  coat  of  maintenance  increases." 

Increasing  the  number  of  words  in  cnch  message  hns,  of 
course,  the  same  effect  as  increasing  tho  number  of  messages 
each  with  fewer  words;  Mr.  Hnrrington  had  not  only  given 
double  the  number  of  words  to  each  messngo,  but  had 
reduced  the  charge  therefor  from  llaltimorcand  Washington 
to  Now  York  about  04  per  cent. 

The  power  of  tho  Western  Union  Company,  wielded  by 
Mr.  Orton,  to  obstruct  Mr.  Harrington’s  progress,  potent 
as  it  was,  had  its  limit;  It  could  neither  repress  the 
energies  and  perseverance  of  Mr.  Harrington  nor  suppress 
tho  merits  of  the  inventions  under  his  control. 

On  his  return  to  tho  United  States,  Mr.  Orton  ascertained 
that  Mr.  Harrington  had  so  far  advanced  his  plans,  as  to 


render  probable  tho  extension  of  his  systems  in  the  imme¬ 
diate  future,  and  with  them  reductions  in  tho  tariff  of 
charges  similar  to  those  between  Washington  and  Now 
York,  which  Mr.  Orton  had  declared  would  bo  simply 
ruinous. 

Having  failed  in  obtaining  the  Wheatstono  fast  system, 
and  failed  in  otherwise  defeating  Mr.  Hnrrington,  Mr. 
Orton,  well  knowing  that  Mr.  Hnrrington  controlled  tho 
Edison’s  invention,  sought  and  obtained  an  interview  with 
a  representative  of  Harrington,  with  a  view  of  negotiating 
for  the  purchase  and  transfer  to  tho  Westorn  Union  Com¬ 
pany  of  tho  Edison  inventions  nnd  patents,  and  thus  reliev¬ 
ing.  his  Company  from  threatened  disaster. 

The  Automatic  system  had  been  perfected  to  a  degree  that 
was  capable  of  utilizing  tho  entire  transmitting  capacity  of 
tho  wire.  With  it  there  may  bo  transmissions  both  ways  at 
tho  same  timo  at  a  rate  of  speed  which  rondors  each  wire 
equal  to  from  twenty  to  fifty  Morso  wires  at  will  of  the 
operator. 

The  calling  of  offices,  and  the  Automatic  signals,  for  the 
“number  of  messages  to  bo  sont,”  “go-ahead,”  "0.  K,” 
etc.,  arc  made  with  Morse. 

If  transmission  is  mndo  both  ways  at  tho  samo  timo,  and 
by  more  than  one  instrument,  tho  Duplex  or  Quadruplex, 
Morse  must  he  used,  giving  to  each  transmitting  instrument 
its  independent  power  of  signalling. 

Mr.  Edison  early  in  1874,  made  the  inventions  for  trans¬ 
missions  automatically  both  ways  at  tho  snmc  time,  nnd  also 
for  the  multiplex  transmissions  of  signals.  -  One  was  an 
improvement  of  tho  Automatic  systuin,  nnd  the  other  was 
an  improvement  of  tho  Morse  system,  applicable  to  auto¬ 
matic  purposes. 

The  systems  nro  distinct.  Tho  Morse,  whother  singly, 
duplexed,  or  qundruploxed,  is  still  the  Morse  system,  though 
that  term  applies  only  to  the  single  transmission.  The  other' 
inventions  come  within  the  generic  name  of  “  fust  ”  und  nro 
denominated  by  tho  distinguishing  titles  of  Duplex  and 
Quadruplex.  Of  the  various  fast  systems,  Mr.  Orton  pro¬ 
nounces  the  Quadruplex  the  fastest . 


■  Mr.  Orton  was  informed  that  the  patents  for  Edison's 
Quadruples  had  not  then  been  applied  for,  and  ho  nppears 
to  lmvo  concluded  that  if  he  could  secure  those  patents,  and 
thus  multiply  his  capacity  four-fold,  he  .could  announce  a 
fast  system  that  would  supersede  for  the  present  nil  necessity 

.  There  is  reason  to  believe  that  at  this  time  ho  caused  a 
carelul  investigation  ot  the  relations  between  Harrington  & 
Edison,  and  was  informed  tlint  Mr.  Edison's  inventions  were 
all  controlled  by  Harrington. 

Hut  the  Quadruples  hnd  not  been  pntented,  and  if  those 
pn tents  should  be  issued,  not  to  Edison  ns  tho  sole  inventor, 
but  jointly  with  some  other  party  subservient  to  the  Western 
Union  Company,  they  might  bo  controlled  by  that  Company. 

The  party  to  carry  out  this  design  wns  George  B.  Prescott. 

In  tho-  absence  of  Hurrington,  Messrs.  Orton  and  Pres¬ 
cott,  upon  -the  assurances  that  ho  had  a  right  so  to  do, 
induced  Edison  to  admit  Mr.  Prescott,  as  a  co-inventor,  nnd 
they  entered  into  a  contract  to  that  effect,  which  bears  dnte 
the  9th  July,  1874,  which  recites,  “Whereas  the  saiil 
Edison  and  Prescott  are  the  joint  inventors  of  certain 
improvements  in  telegraph  apparatus.” 

An  act  on  the  part  of  Orton  and  Prescott  so  unjuBt,  bo 
derogatory  to  the  well  known  rights  of  Harrington,  and  so 
inconsistent  with  fact  and  common  honesty  could  not  bo  per¬ 
mitted  to  pass  unheeded,  and  therefore  Mr.  Hurrington  alter 
his  return  to  New  York,  and  ns  soon  as  he  ascertained  that 
tho ‘  joint  inventions”  ol  Prescott  and  Edison,  ns  publicly 
proclaimed,  referred  to  tho  Quadruples  of  Edison  caused 
Mr.  Prescott  to  be  informed  that  any  patent  issued  under 
such  claims  would  bo  invalidated,  and  Harrington  further¬ 
more  declared  that  if  Prescott  made  and  subscribed  to  the 
path  prescribed  by  patent  regulations  as  co-inventor,  ho 

would  proceed  against  him.  criminally. 

Subsequently,  Mr.  Prescott  thought  proper  to  abandon  his 
claim  as  inventor,  but  unknown  to  Harrington,  mndo  a  new 
contract  bearing  date  the  19th  August,  which  sets  forth 
Edison  ns  the  boIo  inventor,  and  describes  Prescott  os 
asm  nee  and  equal  and  joint  owner ;  .but.  the  official  organ 


of  the  Western  Union  Company,  and  other  journals,  con¬ 
tinued  to  announce  Mr.  Prescott  ns  joint  inventor,  and  that 
tho  property  was  controlled  by  tho  Western  Union  Com¬ 
pany. 

Tho  contract  in  question  is  pcculinr.  It  is  not  claimed 
that  Prescott  paid  any  consideration  whatever,  or  stipulated 
to  pay  any  for  this  valuabla  property ;  and  Edison  doubting 
liis  power  in  tho  premises,  und  unwilling  to  do  anything 
that  might  be  injurious  to  Harrington,  caused  the  contract 
to  be  so  worded  ns  to  retain  in  his  own  hands  the  control  of 
said  inventions,  liy  stipulating  in  clear  and  unmistakeable 
language,  that  said  Prescott  should  have  no  power  of  dispo¬ 
sition  in  any  manner  whatsoever,  without  his  written  con- 

It  is  nowhere  claimed  or  alleged  tlint  Mr.  Edison  has  ever 
«»  giv«u  the  “written  consent”  for.  the  disposition  of  the 
property  to  the  Western  Union  Company;  but  the  same 
%ff  necessities  that  prompted  Mr.  Orton  to  take  the  steps,  already 
herein  recited,  to  obtain  possession  of  tlieso  inventions,  com¬ 
pelled  him,  when  the  contract  was  executed,  to  announco 
or  authorize  to  be  announced  in  his  official  organ  nnd  else¬ 
where,  tlint  the  Western  Union  Company  controlled  a  now 
and  tho  fastest  system  of  telegraph  extant — tho  joint  inveu- 

Ition  of  Prsccott  nnd  Edison, — und  subsequently  embodied 
tho  same  statement  in  his  October,  1874,  annual  report  to 
his  stockholders. 

For  this  there  wns  no  justification.  With  n  purposed 
vagueness,  however,  the  Bill  which  tins  been  filed  in  thu 
Circuit  Court  of  the  United  States  in  New  Jersey  recites, 
that  at  some  indefinite  time  und  place,  in  the  course  of  some 
indefinite  conversation  alleged  to  have  taken  place  some¬ 
where  from  six  to  twelvo  months  prior  to  the  said  contract 
with  Prescott,  Mr.  Edison  said  lie  would  improve-  the 
“Duplex." 

On  tho  of  December,  1874,  without  tho  knowledge 
or  consent  of  Harrington,  Mr.  Orion,  according  to  Exhibit 
A  of  tho  bill,  paid  to  Mr.  Edison,  the  sum  of  five  thousand 
dollars  on  account,  of  certain  inventions,  the  joint  produe- 


tion  of  Prescott  aud  Edison,  for  which  Mr.  Edison  gnvo  a 
receipt,  -  •  • 

Lot  us  examine  this  receipt : 

It  clearly  Bets  forth,  that  the  payment  wm  on  account  of 
devices  or  telegraph  apparatus,  the  joint  invention  of  Gcorgo 
B.  Prescott  and  Thomas  A.  Edison.  Either  such  payment 
did  not  apply  to  the  quadruples  inventions  of  Edison,  which 
Mr.  Prescott  declared  over  his  own  signature,  on  the  19th 
August  previous,  to  have  been  tiie  sole  invention  of  Edison, 
or  it  was  a  continuation  of  the  deception  on  the  part  of  Mr. 
Orton,  which  is  so  apparent  in  this  whole  transaction. 

Assuming  that,  the  payment  was  on  account  of  quadru¬ 
ples,  as  now  claimed  hy  Orton — the  money  was  received 
hy  Edison,  with  a  qualification  and  a  proviso,  via:  Provided 
the  terms  of  payment  shall  he  satisfactorily  adjusted '  be¬ 
tween  the  parties,  and  the  said  telegraph  company. 

Thus  wo  have  an  acknowledgment,  that  at  tliis  date,  De¬ 
cember  ,  1874,  tliero  had  been  no  agreement  us  to  the 
price  to  he  paid  for  tlio  property,  and  that  it  was  left  op¬ 
tional  with  the  parties  ou  either  -side,-  to  terminate  tlio 
negotiation  at  will. 

The  hill  then  sets  forth 

on  the  10  th  December,  1874,  Messrs.  Edison  and 
joined  in  a  formal  proposition  in  writing,  em¬ 
bodying  tlio  terms  upon  which  they  would  sell  to  tlio  Wes¬ 
tern  Union  Company  the  inventions  in  question. 

Had  that  proposition  been  accepted;  had  the  Western 
Union  Company  agreed  to  the  terms  or  price  theroin  set 
forth,  as  satisfactory  to  Prescott  anil  Edison,  there  might 
have  been,  in  tlio  absence  of  prior  ownership  in  Harrington, 
anil  all  freedom  from  fraud,  some  grounds  for  asking  u  com¬ 
pulsory  process  to  compel  Edison  to  trausfer. 

But  it  is  not  claimed,  that  the  proposition  was  accepted. 

On  the  contrary,  it  appears  by  the  allegations  of  tlio  bill, 
that  some  five  weeks  after  tlio  receipt  by  Mr.  Orton,  of  the 
joint  proposition  referred  to,  that  is  on  tlio  19th  of  De¬ 
cember,  1874,  Mr.  Orton  made  a  counter  proposition,- in  tlie 
form  of  an  acceptance  of  some  other  alleged  propositions  of 
Edison  and  Prescott,  of  which  no  copy  is  furnished,  nor 


date  or  signatures  given,  but  claimed  to'  have  been  received 
“  on  or  about  Dccomber  30th.” 

On  tho  same  date,  with  tlio  counter  proposition  ns  above, 
there  appears  to  hnvo  been  paid  to  George  B.  Prescott,  the 
sum  of  five  thousand  dollars,  on  account  of  inventions 
alleged  as  the  joint  property  of  Edison  anil  Prescott,  a 
transaction,  having  for  its  purpose,  an  indirect  acknow¬ 
ledgment  of  a  paper  unacknowledged  by  Edison,  and  to 
show  in  so  fnr  ns  he,  Prescott,  wns  ' concerned,  that  by  the 
acceptance  of  the  substitute  proposition  without  date  or  sig¬ 
nature,  there  might  be  some  basis  for  clniming  an  agree¬ 
ment.  At  the  smile  time,  the  bill  shows  that  trusty  special 
messengers  were  dispatched,  (at  midnight,)  to  place  in 
Edison’s  hands,  tlie  missive  of  acceptance  of  the  so-called 
proposition. 

Why  this  unscomly  haste  after  permitting  five  weeks  to 
pass  without  action  since  the  receipt  of  the  cited  written 
proposition?' 

Mr.  Orton  had  learned  that  Mr.  Edison  lind  finally  repu¬ 
diated  all  connection  with  him  and-  the  Western  Union 
Company,  and  pluced  his  inventions  in  the  control  of  Mr.' 
Harrington,  where  they  rightfully  belonged.'  "' 

Under  any  circumstances  Mr.  Orton  or  the  Western 
.  Union  Compnny  can  but  ask  the  fulfilment  of  a  contract! 

Mr.  Orton  knows,  and  the  testimony  proves,  the  existence 
of  a  prior  contract  with  Mr.  Harrington.  Mr.  Edison  and 
Mr.  Harrington  both  declared  the  contract  of  October  1, 

1870,  and  the  assignment  niid  power  of  attorney  of  April  4, 

1871,  to  be  in  full  force  and  effect. 

There  is  no  dispute  as  to  the  scope  of  the  contract  of 
October  1,  1870,  nor  that  Mr.  Harrington  fulfilled  all  of 
his  undertakings  and  stipulations.  There  is  no  taint  of 
fraud  connected  therewith.  1 

On  the  part  of  Mr.  Orton  and  the  Western  Union  Com¬ 
pany,  there  is  neither  contract  nor  agreement :  giving  to 
either  of  those  parties  the  shadow  (if  title  to  tlio  inventions 
in  question.-  :  . .  ,  : 

The  action  of  Mr.  Orton  and  of- the  Westorn  Union  Com¬ 
pany,  undor  date  of  January  19th,  accepting  some  other 


Second.  An  assignment  of  Edison  to  Harrington,  dated 
the  4th  day  of  April,  1871.  Recorded  in  the  Patent  Office 
on  the  16th  day  of  May,  1871,  Liber  U  13,  pnge  412, 
Transfer  of  Patents.  Appendix  B. 

Third.  Memorandum  of  agreement  between  Thomas  A. 
Edison  and  George  Prescott,  being  joint  inventors  of  cer¬ 
tain  improvements  in  telegraphic  apparatus,  dated  July  9, 
1874.  : 

.  Fourth.  A  partnership  agreement  botweon  Thomab  A. 


The  questions  herein  submitted  ariso  upon  the  follow¬ 
ing  documents  of  record : 


.  First.  A  partnership  agreement  between  George  Har¬ 
rington  and  Thomas  A.  Edison  for  carrying  on  business 
under  the  name  of  the  American  Tolegrnph  Works,  dated 
the  first  day  of  October,  1870.  Recorded  in  the  Patent 
OlHco  on  the  lltli  day  of  January,  1875,  Y.  18,  p.  258. 
Printed  in  the  Appendix,  marked  A. 


o  invention  set  fortli  in  the  annexed  specifics-  || 
I, incut  to  the  said  C.  T>.  having  been  duly 
i  Patent  Office,  in  Liber  — ,  page  — .  g 

iorved  that  u  reissue  is  to  lie  grunted  in  the  |y 
s  the  origiiml  patent,  except  when  the  in-  g 
or  the  original  patent  was  issued  prior  to  g 


it  of  law  the  eighth  regulation  I 


o  law  and  practice  and  regulations  of  the  g 
cm  to  require —  | 

ill  applications  for  the  issue  of  patents  innst  | 
id,  and  sworn  to  by  the  inventor,  whether  J 
isue,  whether  assigned  or  not.  | 

t  no  part  of  a  patent  can  he  assigned  so  as  | 
t  issued  to  an  assignee,  even  at  the  request  i; 

,  the  inventor  may  at  any  time  before  the  i 
1  withdraw  his  application  for  a  patent, 
it  an  application  for  a  patent  muy  bo  ubnn- 
red  at  the  plcasuro  of  the  inventor,  and  this 
indent  of  the  question  whether  ho  has  as- 
srest  therein. 

Id  seem  that  the  application  for  a  patent, 
m  is  placed  by  the  law  and  the  practice  of 
ely  within  the  will  and  control  of  the  inven • 
he  assignee  of  any  part  or  of  the  whole  can- 


Snob  boing  tho  state  of  the  law  and  the  practice  of  the 
Office,  lot  us  present  tho  preeiso  stato  of  facts  in  this  enso, 
as  they  appear  of  rcoord,  as  seen  by  tho  exhibits  in  the 
appendix.- 

Edison,  tho  inventor  of  certain  improvements  in  fast  or 
duplex  telegraphy  and  telegraphic  machines  and  instru¬ 
ments,  tiled  on  the  19th  of  August,  1874,  eortain  applica¬ 
tions  for  pntonts  for  alleged  discoveries  by  him  in  his  spe¬ 
cialty,  and  asked,  for  reasons  controlling  him  at  that  time, 
that  the  patents  might  bo  issued  to  himself,  jointly  with 
Gkoiiok  Prescott,  his  assignee,  and  afterwards,  to  wit,  on 
tho  23d  of  January,  Gkohoe  Harrington,  claiming  to  he 
assignee  of  said  inventions,  filed  his  petition  (Appendix  I) 
that  said  patont  should  be  issued  to  himself  and  Edison 
jointly ;  and  Edison,  by  his  letter  of  tho  same  date,  (Appen¬ 
dix  J,)  revoking  his  request  that  said  patents  should  bo 
issued  to  Prescoit  and  himself  jointly,  asked  that  patents 
for  his  inventions  might  bo  issued  to  himself  and  Har- 
niNOTON  jointly. 

Afterwards  a  hearing  wus  had  before  said  Commissioner, 
who  ordered  that  said  patents,  when  granted,  should  bo 
issued  to  Edison  mid  Prescott  jointly,  ns  assignees.  Ap¬ 
plication  was  then  made  to  the  Secretary  of  tiie  Inteiuob 
to  suporviso  the  action  of  tho  Commissioner  in  that  behalf. 
Whereupon  Edison  appeared  by  his  counsel  before  the 
Secretary  and  asked  that  said  patent  bo  issnod  to  himself 
alone,  and  not  jointly  to  himself  and  Harrington,  nor  to 
himself  jointly  with  Prescoti'. 

It  further  appears,  by  a  contract  dated  October  1,  1870, 
(Appendix  A,)  that  Edison  and  Harrington  had  ontered 
into  a  partnership,  under  the  name  anil  stylo  ot  tho 
“  American  Telegraph  Works,”  to  carry  on  tho  business 
jointly  of  manufacturing  certain  telegraph  instruments, 
(with  a  certain  exception  in  the  contract  sot  forth,)  and  for 


'  Jrfru-  s 


milking  inventions  and  improvements  in  the  transmission  ar 
recording  of  tcicgrapiiic  signals,  ns  in  said  contract  is  s 
forth ;  and  that  said  Edison,  as  his  share  of  the  partnership  a 
sots,  stipulated  that  lie  would  “  give  his  whole  time',  nttentio 

I  talents,  and  inventive  powers  to  the  business  and  intcrc 
;<  of  the  firm,  and  that  he  would  admit  no  other  parties  : 
“  any  interest,  direct  or  indirect,  or  interest  in  the  iinprov 

II  ments  made  or  to  ho  made  by  him,  except  ns  hcrcinuft 
“  set  forth,”  (wliiuli  exception  is  the  invention  imidu  for  tl 
Gold  and  Stock  Company,)  and  hinds  himself  not  “  to  i 
"  vent,  under  said  contract,  any  machinery  that  will  mi 
“  tate  against  automatic  telegraphy,  or  sell  or  convey 
“  any  parties  whatever,  without  the  consent' of  tlio  party 
“  the  sceoiul  part,  any  invention  or  improvement  that  nu 
“  he  useful  or  desired  in  automatic  telegraphy,  and  that  f 
“  any  original  inventions  and  improvements  so  made 
“  the  business  he  shall  receive  a  reasonable  and  prop 
“  compensation  according  to  their  practical  value,  n 
“  things  considered,  such  payment  to  bo  nrndo  in  additii 
“  to  and  irrespective  of  the  proportionate  port  of  the  pi 
“  fits  of  tho  husiuess  of  the  firm  to  which  tlio  party  of  tl 
“  first  part  would  lie  otherwise  entitled,  with  a  proviso 
“  determining  the  manner  in  which  such  reasonable  coi 
11  pensntion  should  be  fixed.” 

Edison  made  an  assignment  to  Harrington  under  date 
April  4,  1871,  (Appendix  B,)  in  the  recitals  of  which,  i 
ferring  to  this  contract  of  October  1, 1870,  Edison  nsshrni 


ere  joint  inventors  of  certain  improvements 
apparatus,  described  ns  magnetic  duplex  a 
ing  the  invention  moro  purticnlarly  descriln 
which  invention  they  arc  to  apply  for  lotto) 
io  United  States  to  bo  issued  to  them  jointly 
enicnt  recites  “  the  improvements  and  invc 
ich  they  are  joint  inventors,  are  all  those  i 
r  making  inultiplo  transmission  ot  magnol 
r  use  hi  telegraphy,  which  are  described 
anil  specifications  now  in  the  hands  of  Geor, 
i  for  the  purpose  of  milking  models  of  n 
hereby  such  invention  can  be  operated,  bcu 
ventions  of  said  parties;”  and  reciting  tl: 
:s  have  an  equal  interest  in  said  joint  lette: 
And  said  agreement  further  recites,  -tl: 
Idison  has  heretofore  cxpoiulcd  SI, 125  t 
d  patent  fcos,  tlio  benefit  of  which  ho  cc 
the  common  interest,  and  waives  rcimbtin 
hat  sum,  or  any  part  of  it,  Prescott  here 
my  solely  and  without  contribution  from  E< 
futuro  expanse  and  cost  of  specifications,  drn 
,1s,  Patent  Ofticc  fees,  and  patent  solicito 
s’  fees,  and  all  other  charges  incident  to  t 
of  lettors-pntont  for  any  of  said  inventions.” 


implications  Tor  Icttors-patent  to  tho  United  States,  ami 
sticli  applications  were  mimliereil  94  to  100,  inclusive, 
and  arc  dated  August  19,  1S74,  and  PitKseorr  is  entitled 
to  an  equal  interest  in  tlic  same,  and  others  mentioned 
1  therein.” 

Then  the  agreement  recites  that  the  same  consideration  is 
o  ho  paid  to  Edison  by  Prescott  therefor  ns  in  tho  agree- 
neat  of  July  9th,  to  wit,  the  payment  hy  Phkscott  of  future 
ixponscs  and  costs  of  getting  out  said  patents. 

After  these  several  contracts  and  agreements,  Edison 
ipplied  for  lettors-patent  for  a  duplex  machine,  which  were 
it  his  request  issued  to  him  and  Harrington  jointly,  being 
NTo.  tr.CjS  t:!,  November  17,  1874.  (Appendix  IT.) 

While  these  several  applications,  from  No.  94  to  100  in- 
dusivc,  and  No.  112,  for  patents  wore  pending,  the  Com- 
ntssioncr  of  Patents  referred  the  question  to  Z.  E. 
Wii.umt,  examiner  in  tlio  Patent  Ollice,  to  ascertain 
whether  these  several  applications  lor  miri.KX  ash  quaii- 

deed  ot  assigiiincut  ot  April  4,  1871,  from  Edison  to 
Hauiiinoton  hy  apt  words  as  a  system  of  “fast  tki.e- 
“  ottAfiiv”  or  “automatic  Tiit.KoitAi-uv,”  and  Wtt.aun  re¬ 
ported  that  they  wore,  in  Ins  pidgment  as  an  expert, 
properly  described,  for  reasons  set  forth  in  his  report.  (Ap¬ 
pendix  lv.)  Upon  this  state  of  facts  the  question  arises,  in 
viow  of  the  law,  to  whom  should  the  patents  issue. 


tested  in  a  court  of  equity;  in 
that  done,  and  of  that  right  tin 
deprive  him  hy  issuing  the  pi 
Phkscott,  bemuse  that  leaves  1 
on  the  part  of  Haiiiunotox,  a 
able  to  defend  himself. 

On  the  other  liaiid,  if  the  pa 
ton  jointly  with  himself,  that 
lor  damages  on  behalf  of  Pat 
not  lie  able  to  defend  himscll 
issued  to  iiimski.f,  lie  admits  l 
have  jurisdiction  at  once  upon 
ton  or  PitKseirrr,  to  decide  tho 
to  iiiako  assigiiincut  of  the  eh 
ids  protection  in  that  casu  we 
the  two  claimaiits  to  mterplea 
judgment  would  determine  the 

This  is  a  very  valuable  rigli 
is  a  sidlicient  reason  for  his  i 
made  that  ail  interest  in  the  pi 
himself  jointly  with  either. 

Aga . in  examination  ol  t 

men  Is  will  show  that  both  ai 
agreement  for  partnership  with 
corr,  and  the  inventions,  wlietl 


L'im  deed  of  October  I,  1870— whieli  is  only  vuluuble in 
s  discussion  us  showing  witut  worn  tliu  “  covenants 
ind  stipulations”  which  nrc  referred  lo  in  the  recital*  in 
i  Jucd  from  Edison  to  IIaiiuiniito.n  of  April  4,  1871 — 
ows  tlmt  Hourly  live  yours  before  lliese  putents  were 
limed,  Edison  agreed,  liy  bis  “  coveiiuiitsuml  stipulations,” 
dcr  soul,  tlmt  liu  “  would  give  bis  whole  time,  attention, 
tulents,  and  inventive  powers  to  the  business  mid  interest 
of  the  firm,  und  udinit  no  other  purties  to  any  direct  or 
indirect  interest  in  or  to  any  inventions  or  improvements 
made  or  to  be  made  by  me,  except  us  herumullei  set 
forth,  but  all  such  shall  enure  and  belong  to  the  parties 
of  the  first  and  second  part,  us  above  set  forth,  in  the 
proportions  set  forth  in  the  sixth  section  of  this  inden¬ 
ture,  excepting  inventions  made  exclusively  for  the  Hold 
and  Stock  Company,  which  are  not  to  be  included  in  this 
agreement.  Hut  said  Edison  binds  himself  not  to  invent, 
under  said  contract,  any  machinery  that  would  militate 
against  automatic  telegraphy,  nor  lo  sell,  transfer,  or 
convey  to  any  party  whatever,  without  tlie  consent  of  the 
party  of  the  second  part  hereto,  any  invention  that  may 


1.  Thoy  are  made  upon  silflicient  considerations. 

2.  There  is  nothing  unlawful  in  the  contracts. 

3.  Neither  is  tiiere  any  objection  in  public  policy  to  th 
making  of  such  a  contract. 

It  is  not  perceived  why  a  man  cannot  carry  on  th 
buxines*  of  invention  tor  the  benefit  of  another  as  wol 
ns  any  other  business;  certainly  there  is  no  statuto  agains 
it.  A  man  having  a  talent  for  invention  lias  a  right  ti 
employ,  use,  and  sell  that  taluut  at  his  pluasuru,  and  sud 
employment  is  for  the  huuofit  of  the  inventors  who  otliui 
wise  might  not  be  ablu  to  exercise  such  talent,  unless  tho; 
cun  find  some  one  to  advancu  the  necessary  uionuy  fo 
their  support  and  to  make  the  necessary  experiments  wliil 
they  are  in  progress. 

If  by,  or  because  of  any  subsequent  act  of  Edison  tiles 
covenants  ami  stipulations  have  been  broken  in  their  tru 
intent  and  meaning  lit  the  assignment  of  these  inventions 
for  which  patents  are  claimed  by  Edison,  to  Pukscott,  tlioi 
Edison  is  dearly  liable  in  damages  to  Hakhinoton,  and  al 
the  more  ccrtumlv  it  Pbksoott  proves  to  be  a  purchase 
for  valuable  consideration,  without  notice. 


Why,  then,  should  the  Commissioner  grope  among  the  j|gg 
liabilities  to  get  ut  tho  fonts,  wlian  ho  could  lmvo  had  fwt 
:  evidence  of  the  (nets  ?  |||j| 

The  Commissioner  again  says :  “  Admitting  that  this  deed,  |»1 
i.  c.,  the  deed  of  Enisox  to  IIakkikotox  of  April  4th,  pAS 
included  these  inventions  in  unmistakable  terms,  no  jdjft 
legal  title  in  them  passed  thereby  to  Harrington.  Tho\|g|| 
nstrnmcnt  Inis  the  force  only  of  an  executory  contract.” 

He  cites  as  authority,  Gibson  v.  Cook,  (2  Blatchford,  gSt 
4;)  Clirtis  on  Patents,  4th  edition,  page  200,  sec.  183, 

Tiio  case  in  2d  Blatchford  by  no  menus  covers  the  point, 
d  tlie  citation  from  Curtis  deals  only  with  the  point  how 
'  any  conveyance  of  an  unpntcntcd  invention  gives 
tice  to  a  purchaser.  Tho  learned  author,  in  summing  i 


"  Wo  aro  considering  a  question  of  notico  of  title,  anil  if  the  \ 
nstrument  supposed  to  opemto  ns  n  notico  could  not  in  the  I  '  | 
inturo  of  things  give  the  information,  can  tho  subsequent  ■  {J 
nirchuscr  bo  bound  to  look  olsowhere." 

How  docs  the  citation  sustain  the  opinion  of  the  Com-  , 
issioncr,  ••  admitting,  then,  that  this  deed  includes  tlieso 
inventions  in  unniistakahle  terms,  no  lcgul  title  then  j»ag 
passed  thereby  to  Harrington  f”  ;3f 

A  legal  title  might  well  enough  he  passed  to  Hnrring- 
n,  of  which  u  subsequent  purchaser  might  not  have  bcon  jjjp 
land  to  take  notice  because  of  tho  record  of  his  deed;  g||| 
it  it  is  difficult  to  seo  how  even  that  could  bo  true  “  if  til 
deed  included  the  inventions  in  unmistakable  terms.”  t'sieU1 
ut  tho  argument  of  the  Commissioner  is,  “tliut  the  proba-  |||j 
bilitioB  are  that  those  inventions  were  not  iucludod  in  Hur-  j||| 
rington’s  deed.”  Why,  then,  will  ho  not  hoar  and  “con-  fjM 


“  sider  evidoneo”  that  they  wore  included?  Ho  holievos 
from  probabilities,  that  they  wore  not  in  esse  at  tho  time  o 
the  execution  of  tho  deed.  Why  not,  then,  hear  evidcnci 
of  that  fact,  and  determine  tho  probabilities  ? 

It  is  true,  Voltaire  soys,  “  that  the  balancing  of  prolia 
“  bilities  is  the  science  of  judges.”  But  lie  is  speaking  o: 
probabilities  arising  from  evidence  given  to  tho  judges 
not  “  balancing  probabilities  ”  whom  tho  judge  decides  tluii 
lie  will  not  “consider  the  evidoneo  because  iio  has  not  tin 
“  authority  of  tho  court  to  consider  evidence.” 

On  tho  contrary,  tho  examiner,  from  his  knowledge  o 
tho  stato  of  tho  art  of  telegraphy,  determined  tho  tact  tc 
bo  thnt  these  inventions  wore  aptly  described  by  the  tenm 
used  in  the  deed  to  Harrington  of  April  4th. 

If  the  argument  of  the  Commissioner  is  to  bo  taken  tc 
mean  that  PitEscorr  became  a  purchaser  without  notice 
and,  therefore,  the  legal  title  vested  in  him  by  tho  execu¬ 
tion  and  record  of  his  assignment,  then  the  question 
whether  lie  took  without  notico  is  a  question  of  fact.  This 
could  be  determined  by  the  record  alone,  if,  as  tho  Com 
missioncr  admits,  “  the  deed  of  HaiikinOtox  includes  those 
“  inventions  iu  iiiimistakuble  terms.”  That  deed  being  re 
corded  before  tho  purchase  by  Piu-snoTT,  lie  must  take  notice 
from  the  record.  If  ho  laid  not  notico  by  tho  record,  was 
it  not  competent  for  Hahuinotox  to  prove  before  the  Com¬ 
missioner,  in  order  to  maintain  his  prior  assignment,  thnt 
Prescott  had  notice  in  fact,  and,  therefore,  no  legal  title 
passed  to  him  ? 

Tho  idea  of  the  Commissioner,  however,  soems  to  be,  al¬ 
though  not  very  clearly  expressed  in  his  opinion,  that  an 
invention  which  is  in  fieri,  i.  e.,  not  perfected,  cannot  be 
assigned  by  deed  so  ns  to  pass  a  legal  titlo  to  tho  assignee 
when  tho  invention  is  patented,  although  it  is  process  ot 
invention. 


of  the  opinion  of  the  learned  Commissioner 
lot  sustained  h)'  any  authority.  On  the  eon- 
mit  that  it  is  now  well  settled  that  an  inventor 
an  interest  in  his  invention  before  it  is  per- 
whilc  it  lies  in  his  mind,  or  even  before  the 
s  come  to-  him. 

itter  to  be  discovered  may  bo  conveyed  before 
cd  is  older  tbnn  the  knowledge  of  tbc  conti¬ 
nued  granted  to  Columbus  a  portion  of  wlinl 
novel-  in  the  new  world  before  be  sailed  from 
t  a  “discovery  in  tbc  usol'nl  nrts,”  ns  the  Con 
ms  it,  is  assignable  before  it  is  perfected,  01 


i  of  Nesmith  cl  at.  v.  Calvert,  (1st  Wnodbur 
-l,)  tlie  court  held  that,  where  an  inventor  hn< 
lachinc  mid  contemplated  that  be  might  niaki 
ivements  upon  his  invention,  mid,  for  a  valunbli 
i,  made  a  deed  conveying  those  improvement 
>  lie  made  and  patented,  when  patented  i 
ity  would  compel  him  to  make  the  conveyance 
title  had  passed  to  the  assignee.  But  it  inn; 
hat  this  was  a  decree  in  equity  by  tho  lenrnci 
wllmry  v.  Minot,  mid  thereby  it  may  have  bcei 
ly  the  equitable  title  passed.  But  in  the  cas< 
v.  Trimble,  (10  Wallace,  3G7,)  before  cited 
suit  at  law  in  which  the  loirnl  title  was  broueli 


paionis  lonnci  it  to  bo,  to  wit,  that  tho  duplex  systems  anti 
quadruple x  systems  wore  indeed  the  fast  systems  of  tole- 
gmpliy. 

Besides,  Edison  liinl  covenanted  with  Hariiinoton  to  im- 
|irove  certain  telegraphic  systems  in  liis  deed  of  April  4, 
IS71,  and  had  followed  up  his  covenant  by  patenting  an  im¬ 
provement  on  the  duplex  system,  and  taking  out  tiio  patent 
jointly  in  his  own  and  Harrington’s  name,  in  accordance 


By  the  printing  and  laying  before  tiio  Coinmis- 


lioner  their  very  elaborate  1 
vliicli  they  collect  citations  1 


f  of  thirteen  pagos,  i 
n  telegraph  literature  n 


ating  tho  automatic  or  fast  system,  and  they  disclose  the 
mrpose  for  which  those  citations  were  made,  in  these 
vords:  “  The  general  literature  of  the  art  thus  discloses 
‘  the  difference  between  the  automatic  ami  duplex  sys- 
1  terns.”  Tlmt  is,  those  citations  of  tiio  literature  of  tho 
irt  were  cvidcnco  that  tho  automatic  or  fast  system  was 
he  duplex  system.  But  what  effect  do  these  citations 
rom  the  newspapers  have  upon  tiio  lottcrs-patcnt,  No. 
56,843,  already  issued  to  Edison  and  Harrington  jointly 
inder  this  deed  ?  Why  cite  evidence  dehors  the  record  2 
Nil  not  the  Commissioner  decide  that  lie  would  “consider 
""thing  but  tho  record  2”  It  is  not  possible  that  lie  meant 
y  this  decision  to  make  this  exception;  oxcept  extracts 
■om  the  TELEGRAPHER,  tho  newspaper  organ  of  tiio 
Western  Union  Telegraph  Company. 


Tho  title  to  Hariiinoton  wot 
ad  employed  from  October  I 


should  bo  in  part  Harrington's  property  upon  paying 
Edison  a  reasonable  additional  compensation  therefor. 
Edison  acceded  to  these  terms,  ns  the  subsequent  deed  of 
April  4, 1871,  shows.  By  this  Harrinoton  took  nil  as- 
signment  of  all  that  Edison  hud  discovered  or  should  dis¬ 
cover.  In  1873  caveats  had  been  tiled  for  some  of  these 
inventions.  Ayenrufter  a  patent  laid  been  taken  out  upon 
another — /.  e.,  for  duplex  telegraph,  and  assigned  to  IIar-  i 
binoton;  prior  to  that,  to  wit,  on  tho  19th  day  of  August 
of  tho  same  yonr,  Edison  had  made  application  for  still  : 
others. 

The  examiner  of  the  Patent  Oflico  decides  tlint  all  of 
these  inventions  are  within  tho  terms  of  Hariiinoton’s 
deed,  which  lmd  been  in  proper  time  duly  recorded. 

Assuming  these  to  bo  the  facts  only  ns  they  nppcnr 
by  the  record,  which  alone  guided  the  decisions  of  tho  Com¬ 
missioner,  would  not  tho  legal  title  to  these  several  inven¬ 
tions  at  once,  upon  the  issuing  of  the  patents  therefor,  have 
passed  to  Harrinoton  ?  It  is  submitted  tlmt  no  tribunal 
lould  come  to  any  other  conclusion. 

Is  tins  state  of  facts  affected  at  all  because  subsequently 
o  these  inventions — in  fact  after  the  caveats  for  some  of 
belli  hail  been  filed — (see  list  of  caveats  in  appendix) —  j 
‘  conveyance  of  a  part  intorcst  liv  Edison  to  Prescott  in  j 
1  Buck  inventions  was  made?” 

This  would  depend — 

First.  Upon  the  questions  whether  tlint  deed  was  made 
ipon  an  adequate  and  conscionnblc  consideration,  and  had 
icon  duly  executed,  and  not  abrogated  or  nnnnllod.  Bat 
ihese  are  questions  of  fact. 

Second.  Upon  tho  question  whether  Prescott  had  con-. 
i tractive  legal  notice  because  of  the  record  of  the  assign¬ 
ments  to  Harrington  in  tho  Patent  Office,  or  actual  notice 
hereof,  and  of  Harrington’s  interest  therein. 


:  Referring  to  tho  record  only,  ho  had 

legal  effect  of  record  of  tiie  nssignmei 
and,  in  the  language  of  the  Commission 
“  IIarrinoton’s  deed  includes  those  ii 
“  tnknhlc  terms,”  then  Prescott  lmd  eo 
tiuc  of  Harrington's  claims,  and  was  ; 
Whether  he  lmd  actual  notice  is  n  qn 
shown  by  evidence.  In  either  case  Pr 
in  these  inventions  ns  against  Harrinot 
whether  Prescott  had  a  legal  title  ns  a 
(mid  he  might  well  Iinve  one  ns  again 
such  n  one  ns  against  Harrington,)  do 
the  evidence  of  tho  facts  which  the  C 
mines  lie  “cannot  consider.” 

It  will  be  useful,  upon  determining  t 
under  all  these  circumstances,  to  cons 
tion  of  Prescott  in  this  affair,  as  nppen 
With  tho  record  before  him  of  all  1 
whatever  they  might  be,  in  this  class  < 
cott  makes  a  contract  on  the  9th  of  July 
to  be  a  joint  inventor  of  all  these  impr 
ho  is  to  have  one-half  thereof  by  payin: 
and  solicitors’  fees  for  procuring  the  pal 
dcr.  But  on  the  19th  of  August  follow 
his  claims  as  joint  inventor  to  any  of 
claimed  to  be  tho  purclmsor  of  onc-lml 
them,  in  consideration  of  paying  only  th 
solicitors’  fees  for  taking  out  tho  pntcnl 
And  Prescott  was  curofnl  to  tic  up  I 
that  the  real  inventor,  Edison,  could  hi 
without  his  consent, by  tho  provisions  wii 
considered,  that  neither  was  to  “  sell,  n 
“  dispose  of  the  wliolo  or  any  part  of  his 
“  volitions  or  lotters-patent  therefor,  or 


Mm 


ut  tlio  written  consent  thereto  first  obtained  of  tho  other 
arty.”  Again :  “  That  neither  of  said  parties  will  him- 
elf  lnanufactnre,  nso,  or  sell,  nor  grant  license,  nor  the 
iglit  in  any  way,  to  any  other  party  to  inaimlaetnre.  use, 
r  sell  any  of  said  inventions  or  any  improvements 
hereof,  or  any  machines  embodying  01  at  Lit  lc  <  mtaminj 
ny  of  said  improvements  or  inventions  described  by  any 
f  said  lettors-patent,  without  tho  written  consent  first 
htained  of  tho  other  party.”  Again :  “  No  sale  of  nny 
f  Said  inventions,  and  no  liccnso  or  right  to  make  or  use 
io  same  in  any  way,  shall  ho  made  or  given  oxcept  ut  a 
rice  to  which  botii  parties  agree  in  writing,  and  all  net 
rofits  shall  ho  equally  divided  between  tho  parties 
crcto.”  (Appendix  (J.) 

t  will  lie  observed  that  substantially  these  same  provis- 
s  were  in  tho  previous  contract  of  July  0,  wherein 
hscott  is  recited  to  tic  the  joint  inventor  of  all  these  im- 
vomonts ;  with  how  much  of  truth  will  appear  from  tho 
t  that  within  forty  days  afterward  ho  relinquished  all 
ims  to  1)0  such  joint  inventor  in  his  deed  of  August  9. 
did  Pkkscott  know  of  tho  great  value  of  these  inveii- 
is,  of  which  lie  was  not  the  joint  inventor  ut  the  time  ho 
lined  to  lie  tlit  joint  inventor  thereof,  to  wit,  on  the  9th 
fitly,  187-1-  ?  Did  lie  know  of  (lie  vast  value  of  all  these 
u-ovoments  August  9,  the  time  lie  ulnims  to  have  bought 
i-hnlf  of  all  of  them  and  tho  profits  thereof  of  Edison, 
I  tied  him  up  by  covenants  so  that  ho  could  neither 
nul'acture,  sell,  use,  or  permit  others  to  manufacture, 
I,  or  use  tho  invention,  when  he  agreed  to  pay  for  tho  one- 
I  ot  such  undivided  interest  therein  only  tho  necessary 
cut  Ollico  fees  and  solicitors’  fees  to  tnko  out  the 
unts  ?  (Appendix  D.) 

Vs  tho  loarncd  counsel  in  their  brief  have  put  before  tho 
minissionor  citations  from  newspapers  ns  ovidcnco  of 


now  Jidison’s  assignment  to  JIakiiinoton  ought  to  bo  con¬ 
strued,  and  tho  inferences  to  ho  drawn  therefrom,  and  tho 
probabilities  arising  out  of  it,  they  will  permit  me  to  make  a 
Binglo  quotation  from  a  newspaper  for  tho  purpose  of  showing 
knowledge  of  tho  utter  uncouscionnhlcncss  of  this  protcndc|l 
bargain  nnd  deed  ot  assignment  to  Prescott,  wherein  lip 
claimed — ns  his  subsequent  deed  of  19th  August  sIiowb 
falsely — to  bo  tho  joint  inventor  in  those  wonderful  im¬ 
provements  in  the  system  of  tolograpliy. 

It  will  be  observed  that  tho  deed  of  the  9th  of  July  was 
not  recorded  until  afturwurds,  so  that  on  tho  night  of  that 
day  these  inventions  had  not  become  known  to  tho  world. 
Now,  tho  New  York  Daily  Times  is  a  morning  paper,  and 
on  tho  morning  of  the  10th  tho  articlo-  appeared,  which  is 
printed  in  the  Appendix,  marked  L,  in  which  it  is  cluinicd  : 


till i 


niii 


from  tlio  TELEGRAPHER  newspaper  to  prove  tlio 
cnees  and  probabilities  to  ho  drawn  from  Hnrrin 
deed  of  assignment ;  and,  if  so,  it  certainly  shows  t 
tent  to  ■which  the  art  of  robbing  an  inventor  of  the 
of  bis  skill  for  the  benefit  of  an  overgrown  corpe 
lias  been  carried  in  modern  times. 

If,  under  these  circumstances,  in  view  of  tlio  fnc 
penring  on  the  record,  the  Secretary  deems  it  his  d 
sign  n  patent  to  carry  out  this,  which  wo  have  now  n 
to  say  is  an  overreaching  bargain  on  the  part  of  Pm 
so  that  he  may  enjoy  its  fruits  and  deprive  Edison  tl 
then  the  Western  Union  Telegraph  will  indeed  “co: 
tlio  patent  for  this  discovory,  which  is  the  “  solution 
“  the  future  difficulties  in  telegraphic  science,”  i 
“  not  inferior”  to  those  of  Morso  and  of  Stearns. 


All  which  is  respectfully  submitted. 


BENJ.  E.  BUTLER, 


GEOKGE  B.  I 


Witnesses : 

Hahold  Seiihell, 
Lemuel  W.  Seiuiell. 


stop,  luid  ono  no 
only  to  bo  fluid  oi 


si 


IN  TUB  MATTER 


Oh) 


OF 

HARRINGTON  and  EDISON 


PRESCOTT. 

BEFORE  THE  SECRETARY  OF  THE  INTERIOR. 


Briof  in  bohalf  of  Gcorgo  Hurrington,  in  roply  to  tlio  Briefs 
•  of  Counsol  for  Goorgo  Prescott. 


II  argument  for  Mr.  Prescott,  filed  in  pursuance  of 
tlic  decision  of  the  Secretary  to  allow  “  arguments  on  the 
merits  of  the  case,”  is  almost  entirely  a  plea  that  the  Sec¬ 
retary  will  not  consider  the  merits  of  the  case  at  all. 

The  Secretary  has  decided  that  he  has  juristliclion,  and 
will  exercise  it.  Yet  it  is  still  contended  that  he  “  is 
without  jurisdiction  to  consider  whether  the  Commis¬ 
sioner  has  erred  judicially,”  aud  that  to  look  beyond  the 
question  whether  the  Commissioner  has  acted  without 
fraud  or  collusion,  “would  he  violently  subversive  of  the 
true  order  of  public  business."  In  order  to  persuade  the 
Secretary  not  to  interfere,  the  counsel  for  Mr.  Trescott 
assert  that  for  errors,  such  as  arc  alleged,  a  peculiar  and 
most  efficacious  remedy  by  bill  in  equity  is  given  by  sec¬ 
tion  4915  Revised  Statutes. 

This  is  by  uo  means  certain.  Tito  remedy  provided  in 
that  section  seems  to  bo  ouly  for  an  inventor,  us  the  court 


may  only  adjudge  tlio  applicant  entitled  “to  rccoivo  a 
patent/or  his  invention,"  and  as  Mr.  Harrington  is  not  tlio 
inventor  in  this  case,  but  an  assignee  merely,  the  section 
does  not  appear  to  benefit  him. 

Tins  view  is  strengthened  by  tlio  construction  of  that 
section  which  gives  a  right  of  appeal  from  tho  decision 
oi  the  Commissioner  to  the  Supromo  Court  of  tho  Dis- 
trict  of  Columbia  (now  Rovised  Statutes,  Sec.  4911). 

\  In  II  lately  v.  Usher,  4  &shcr  84S,  it  was  decided  that 
N10  relusul  of  the  Commissioner  to  grant  a  patent  to  an 
assignee  does  not  form  the  subject  of  mi  appeal,  which 
tins  reference  to  tho  contents  of  a  patent,  and  not  to  a 
controversy  us  to  who  owns  it. 

If  tuis  ns  so,  then,  instead  of  withholding  hia  exami¬ 
nation  into  the  rights  of  tho  parties  iu  the  present  case, 
there  lb  the  strongest  reason  why  the  Secretary  should 
c  ose  y  scrutinize  tho  merits,  inasmuch  as  ucithcr  tho 
appeal  nor  the  equitable  remedy  given  to  inventors,  is 
allowed  upon  a  question  of  ownership 

All  through  the  arguments  for  Mr.  Prescott,  there  is 
an  appeal  not  to  look  into  the  merits,  the  equities  of  tho  case, 
a  us  so  before  the  Commissioner.  There,  in  substnuco, 
e  ni  guinea  t  was — and  the  Commissioner  adopted 1  it — 
lou  must  disregard  tho  “equities,’’  ignore  tho  assign- 
men  to  Harrington,  although  prior  iu  date  to  tho 
no  o  I  rcscott,  and  for  a  valuable  consideration ;  al¬ 
though  Prescott  had  full  notice  of  it  by  the  record, 
which  exhibits  no  consideration  on  his  part  ;  the  Commis- 
sioner  can  only  decide  who  has  the  legal  title,  leaving  it 
a  Court  of  Equity  to  enforce  tho  assignment  to  Har- 
mgon,  which  was  held  to, be  merely  “  an  executory  con- 
tiact  and  although  permitted  by  the  law  (Revised 
4’8?5)'  “Ud  tUe  ruloa  P«ent  Office 

(  ole  118),  you  shall  not  even  concede  to  the  Commis¬ 


sioner  the  right  to  consider  ovidonce,  ontsido  tho  record, 
as  to  outstanding  equities. 

Wliou  counsel  admit  that  tho  Secretary  has  a  right  to 
interfere,  to  prevont  fraud — in  fact  that  it  would  bo  his 
duty  to  do  so — tlioy  surrender  this  part  of  their  easo. 
That  is  simply  tho  powor  to  do  equity. 

The  grant  of  a  patent  is  not  a  more  ministerial  act,  but 
one  involving  the  exercise  of  judgment  and  discretion.  (See 
Commissioner  of  Patents  v.  Whitley,  4  Wallace,  538,  where 
a  mandnmus  wns  refused  upon  these  grounds.)  This  ex¬ 
ercise  of  judgmont  and  discretion,  involves  the  doing  of 
justice  and  equity. 

Why  should  the  Secretary,  or  tlio  Commissioner  who 
issues  patents  undor  his  direction,  bo  asked  to  disregard 
the  equities  of  tho  case  ? 

Tho  commissioner  bnsos  his  decision  against  Harring¬ 
ton  upon  tho  presumption,  that  the  inventions  claimed 
woro  not  in  esse  on  tho  4t.h  of  April,  1871,  when  Edison 
nssigued  to  Harrington.  ' 

This,  to  use  liis  own  language,  is  “  in  the  absence  of 
positive  evidence  on  this  point,"  and  beeauso  “  it  is  incredi¬ 
ble  under  tho  circumstances,  that  an  inventor  like  Edison 
should  allow  such  valuable  improvements  to  lio  tlireo  or 
fonryenrs  after  completion,  without  applying  for  patents. 
Tho  inferences  of  law,  and  fact  which  I10  makes,  it  is  re¬ 
spectfully  assorted,  are  nliko  orroneous. 

An  invention  does  not  date  morely  from  the  time  of 
its  “  completion”  or  perfection. 

Morsodidnotlilo  his  caveat  until  1887,  yet  tho  Supromo 
Court  in  awarding  to  him  priority  of  invention  (Morse 
v.  O’Reilly,  15  Uownrd,  109),  said,  that  in  1882  there  is 
reasonable  ground  for  behoving  that  tho  process  and 
means,  the  combination,  powors  and  machinery  were 
arranged  in  his  mind,  .and  developed  so  far,  that  he  wns 


confident  of  ultimate  success,  nml  that  lie  pursued  hii 
investigations  with  unremitting  energy  nml  industry. 

in  Oo«  v.  Massachusetts  Firearm*  Co.,  1  Fisher,  10S- 
tlm’l'  tWlv  n  1,1  v1,  t,mt  “tl10  ,,nt0  of  tl,c  '''volition  ii 
!  H  °  A‘°  lllsuovory  o1'  the  principle  involved,  am 
ho  attempt  o  embody  that  in  some  machine,  no Ithedal 
of  the  perfecting  of  the  instrument  ” 

%  reference  to  the  “  Telegrapher”  (a  paper  mud 
T"1  f°r  Mr‘ 1>raeott).  of  Saturday,  Arm, 
Donmv  m  ’  n  tlosol,,l’tio,>  ha  fonml  oi’  “Edison’: 
JJourni  in vn  juttek,’  with  full  specification  and  din 
,iam,  commencing  as  follows: 

•  ^ .l.no,lns  tl,'s  ingenious  armngonicnt,  two  com 

at  Tims  u'8  Umy  1,0  tril"smitted  in  opposite  dikeotions 

it  from  l/‘  C  tystem’  for  tho  purpose  of  distinguishing 

invention  i„  n  •  °  10  commcncomont  of  Ellison’s 

It  til  3  "!°  °f  (l°v°loPi„g  telegraphy. 
OhomSl'lt,r"’  t  ,aVE,lis0"’  lli9  Aent  for  Duplex 
1874  2,  S''ai,l‘f’  No’  15C.8M, dated  Hovombor  17th, 

torios,  resist^  tm.  "m0  “*  -'P'“y  >»“• 

manner  tlmt  tl  ...  '  co"»eetioiis,  arranged  in  such  a 
be  neutralized  '°  °  t°0t  °*  t*‘°  tnuismitting  hi 

VTaua^0n  hC  rCC“Vina  ot  tl 

(Soo  page  40,  Brief  of 

that  the  comm'iMinI,D  DEFOaB  ’'IM’ tho  Secretary  will  soo 
vontions  in  eo,,trovomt\ttre2t  !22i2Rt1t^t|tl\0 


6 

of  tho  assignment  to  Harrington.  It  is  not  claimed  that 
they  were  absolutely  perfected  then,  nor  is  it  necessary  to 
do  so.  They  were  in  a  state  much  advanced  beyond  tho 
inchoate,  to  which,  ns  it  has  been  shown,  an  assignment 
will  attach  on  thoir  perfection.  Hot  only  was  tho  “  prin¬ 
ciple  discovered,”  but  tho  process,  combination,  powers  and 
means  arranged  in  a  working  machine,  in  courso  of  tho 
improvements  and  perfection  since  attained,  embodying 
the  essential  features  of  the  invention. 

II 'bat  then  remains  of  Prescott’s  claim  ? 

Equities  he  has  none.  Tho  commissioner  based  tho 
decision  in  his  favor  on  a  supposed  state  of  facts,  in  re¬ 
gard  to  which  it  appears  he  was  entirely  in  orror.  Even 
if  tho  inventions  were  inchoate  and  experimental,  boing 
perfected  before  the  Prescott  assignment,  tho  deoil  to 
Harrington  took  oifcct  upon  and  attached  to  them  as 
soon  as  they  came  into  complete  existence.  Tho  eases  hereto¬ 
fore  cited  fully  sustain  this  position,  and  there  are  numer¬ 
ous  others. 

The  oxi.y  plea  left  to  tho  counsel  for  Prescott  is  the 
one  urged  so  strenuously,  that  tho  only  inventions  as¬ 
signed  by  Edison  to  Harrington  wore  such  ns  related  to 
“fast  telegraphy ,”  and  that  tho  “  duplox  ”  and  “  quadru¬ 
ples  ”  w’ore  uot  such  inventions. 

Yet  it  is  claimed  (sco  p.  20,  Brief  for  Edison)  that  tlioy 
“  will  quadruple  tho  usefulness  of  tho  175,000  miles  of 
wire  owned  by  tho  Western  Union  Tolograph  Company," 
(Hr.  Prescott’s)  who  will  in  consoquonco  of  tho  alleged 
ownership  of  thorn,  “  need  to  oroct  but  2,000  miles  of 
wire  noxt  year”  instead  of  20,000. 

In  referring  to  Steam’s  Duplox  in  1872  (sec  Brief  for 
Prescott,  p.  24),  “  Tho  Journal  of  tho  Tolograph  ”  says 
“  though  it  docs  uot  quickou  tho  process  of  transmission, 
it  practically  does  so,  by  doubling  the  capacity  of  every  wire.” 

It  has  already  boon  shown  that  tho  partnership  botwoon 


T 


,1,UWM  m,u  unrnngcon,  covered  mvontionB  of  “nil  and 
whatsoever  may  be  required  Inj  the  various  systems  of 
Telegraphy." 

It  in  also  shown  that  ovon  iindar  the  Tlarrington 
assignment  of  1871,  Edison  was  not  only  to  develop  into 
'•so,  by  practical  instruments,  the  Littlo  or  other  system 
ol  Automatic  or  fast  system  of  Telegraphy,  but  to 
improve  and  perfect  such  instruments  and  machinery  by 
addixo  xtiEUBTO  from  time  to  timo,such  further  inventions 
as  experience  should  demand,  and  1ub  ability  ns  an  inventor 
and  electrician  might  suggest  and  permit. 

Supposing,  then,  for  tlio  sake  of  the  argument,  that 
1.  rescott  can  shield  himself  from  the  equities  of  tho  part¬ 
nership  article  by  an  alleged  want  of  notice,  and  that  tho 
words  ot  the  deed  of  1871,  just  quoted,  nro  not  large 
enough  to  cover  tho  inventions  in  controversy,  they  nro 
followed  in  tho  latter  instrument  by  Inngungo  about  which 
t tore  can  be  no  doubt,  and  in  tho  conveyance,  itself,  viz.: 

Including  therein  all  and  whatsoever  of  my  improve¬ 
ments  and  inventions,  made  or  to  bo  made,  and  of  all  tho 
patents  that  may  bo  issued  therefor,  that  abb  ob  mat  he 
ai  w.ioABi.E  to  automatic  telegraphy  or  mechanical  print- 

ATo  ingenuity  can  controvert  the  fact,  that  these  duplex 
and  quadruples  inventions  nro  “  Ai>ri,iaAnr.B  to  Auto¬ 
matic  Teregraphy.” 

The  Letters  Patent,  No.  156,848,  dated  November 
17th,  1874  to  Thomas  A.  Edison,  for  “Duplex  Tele¬ 
graphy,”  commcnco  ns  follows : 

“  Iho  object  of  this  invention  is  to  transmit  two  dis¬ 
pa  e  les  over  the  same  wire,  at  the  same  time,  by  tolegrnphs 
li.MPI.OYINO  PERFORATED  TRANSMITTING  PAPER,  and  cllOmi- 

cnl  receiving  paper.” 

.  An,d  tldB„V01'y  patent,  at  tho  request  of  Edison,  was 
ucd  to  Edison  &  Harrington.  Mr.  Prescott’s  counsol 


j,  27  of  their  1st  Brief)  admit  that  tho  “  automatic  sys- 
em,”  and  the  “multiple  transmission  system  maybe 
jbed  together,  “  that  is  to  say,  sovoral  messages  may 
“Xneou’sly  transmitted  by  the  B-ftaueous  oper¬ 
ation  of  sovoral  automatic  signalling  machines,  thus  ad 
ing  the  element  of  ‘fast  ’  to  the  dement  0fmul!1PUcU,J- 
By  the  contract  of  1870,' Edison  &  Harrington  wore  to 
bo  partners  in  all  inventions  relating  to  the  various  systems 

^Thfasrignment,  Edison  to  Harrington,  of  1871,  recites 
the  previous  agreement  between  these  parties,  and  tk 
tZZ,  thus  clearly  expressed,  will  aid  to  construe  the 

laTr^cmfcould^capct'the  force  of  ^is  “greement 
on  tho  ground  that  he  had  no  notice  of  it  which  :  de 
nied,  surely  ho  is  bound  by  the  u.icquivooal  erms  ol 
assignment  itself,  which  cover,  as  a  ;ove  9‘  °  vl  ^10t  “ 
by  equitable  construction,  but  as  a  matter  of  fact,  the  inve 
tions  now  in  dispute.  jj.  B.  LATROBE, 

LEONARD  MYEKS, 

Of  Counsel  for  Barrington. 


Hr!  mem  < 


THE  WESTERN  UNION  TELEGRAPH  COMPANY 
Complainant*, 


THOMAS  A.  EDISON  and  GEORGE  U.  PRESCOTT’, 
Defendants. 


ANSWER  OF  THOMAS  A.  EDISON. 


KEASUE' 


■  NEW  YORK: 

U  A  K  B  It  &■  Q  6  D  w.  I N,  P  H I  N  T  BUS, 

No.  35  P  a  It  K  Itow. 

1875. 


GkOKOE  B.  PltESCOTT, 

Defendants. 


The.  several  answer  of  Thomas  A.  Edison,  one  of  the 
defendants  to  tho  J>ill  of  complaint  of  The  Western  Union 
Telegraph  Company,  complainants: 

This  dolcndnnt  now  and  at  all  times  hereafter,  saving 
nnd  reserving  to  himself  all  manner  of  benefit  nnd  advan¬ 
tage  of  exception  to  the  errors,  nnd  insufficiencies  in  the 
complainants’  snid  bill  of  complaint  contained,  for  an¬ 
swer  thereto,  or  unto  so  much  and  such  parts  thereof  ns  ho 
is  advised  is  mntorinl  for  him  to  make  answer  unto,  answers 
and  says : 

That  he  admits  that  tho  Western  Union  Telegraph  Com¬ 
pany  is  a  corporation  doing  business  under  the  laws  of  the 
state  of  Now  York  for  tho  purpose  of  operating  telegraph 
lines  in  that  state  nnd  olsowhcre,  and  having  its  principal 


plnco  of  business  in  the  city  of  Now  York,  irad  that  this 
defendant  wns  boforo  and  since  January,  1874,  n  resident 
of  the  city  of  Newark,  in  this  stnto. 

But  this  defendant  denies  that  in  or  previous  to  the  snid 
month  of  January,  lie  entered  into  any  arrangement  or  agree¬ 
ment  with  the  complainant  that  this  defendant  should  en¬ 
deavor  to  invent  improvements  in  Stearns’  Duplex  System 
of  Telegraphy,  and  other  Duplex  apparatus,  nnd  should  use 
tho  lines  and  workshops  and  materials  of  tho  complainant  for 
that  purpose,  except  in  tho  manner  and  under  the  circum¬ 
stances  hereinafter  particularly  sot  forth.  And  ho  domes  thnt 
ho  over  made  any  agreement  with  tho  snid  company,  thnt 
whatever  inventions  should  bo  mado  by  him,  nnd  nil  patents 
thnt  might  be  secured  therefor,  should  bo  assigned  nnd  con¬ 
voyed  to  tho  complainant  upon  payment  of  such  price  ns 
should  be  ascertained  by  agreement  or'liy  arbitration. 

And  this  defendant,  further  answering,  snys : 

That  the  circumstances  under  which  ho  used  tho  wires 
nnd  property  of  tho  said  company  for  tho  purposes  of  exper¬ 
imenting  for  improvements  in  Telegraphy  concoivcd  by 
him,  and  his  relations  to  tho .  snid  complainant  with  refer¬ 
ence  to  the  salo  and  transfer  of  his  inventions  nnd  patents 
are  hereinafter  fully  and  particularly  sot  forth. 

And  this  defendant,  further  answering,  admits  thnt  ho  wns 
from  timo  to  time,  ns  hereinafter  stated,  allowed  to  use  the 
services  of  somo  of  the  omployces  of  tho  complainant,  nnd 
that  his  experiments  were  continued  for  sovoral  months  in 
endeavoring  to  invent  improvements  hy  which  moro  than 
one  incssngo  could  bo  sent  over  ono  wiro  at  tho  snino  time, 
but  ho  denies  Hint  tho  snino  wns  hy  virtue  of,  or  in  pur¬ 
suance  of,  any  arrangement  or  agreement  for  tho  sale 
or  transfer  of  his  inventions  or  patents  ns  stated  in  snid 
bill,  but  solely  for  tho  purposo  of  enabling  him  to  per¬ 
fect  nnd  develop  his  improvements,  to  ho  disposed  of 
thereafter  ns  lie  might  deem  best  for  his  own  advantage. 

And  this  defondant,  furthor  answering,  doilies  each  and 
ovory  of  tho  statements  of  tho  snid  bill  concerning  his  agree¬ 
ments  with  Gcorgo  B.  ProBoott,  tho  electrician  of  tho  snid 


complainant,  and  Ids  negotiations  with  the  said  complainant 
for  tho  salo  and  transfer  of  his  inventions  and  patents,  ex¬ 
cept  so  far  ns  the  same  are  admitted  nnd  explained  in 
the  statoment  of  said  transactions  hereinafter  contained. 

And  this  defendant,  further  answering,  says  thnt  ho  is 
now  twenty-olglit  years  of  age,  nnd  is  an  inventor  and  olcc- 
tricinn,  having  been  engaged  in  that  business  for  fifteen 
years  nnd  more ;  thnt  from  n  very  early  ago  his  attention 
lias  been  directed  to  tho  invention  of  telegraphic  apparatus 
nnd  methods;  thnt  prior  to  1809  ho  had  been  employed  ns 
a  telegraphic  operator  in  the  Western  Union  Telegraph 
ollico  at  Cincinnati  nnd  elsewhere,  and  in  that  year  he  had 
a  small  shop  of  his  own  in  Boston,  nud  then  applied  for  a 
patent  for  his  first  perfected  machiiio  which  wns  n  machine 
for  recording  telegraphic  signals  by  printing;  that  sinco 
that  timo  ho  has  directed  liis  attention  to  improving  the 
the  facilities  with  which  such  signals  might  bo  transmitted 
and  recorded ;  thnt  while  employed  ns  an  operator  lie  wns 
engaged  in  attempting  to  invont  the  requisite  machinery 
and  means  to  carry  forward  what  is  now  known  ns  Duplex 
Tolographing,  which  experiments  began  ns  early  as  1805. 

And  this  defendant,  further  answering,  says'that  in  the 
courso  of  these  experiments  he  became  satisfied  thnt  a  wire 
could  ho  used  for  double  transmission,  nnd  that  by  an  ar¬ 
rangement  of  different  forces  of  battery  two  messages  could 
be  sent  at  the  snino  time  for  nil  practical  purposes  over  the 
sumo  wire,  nnd  this  defendant  sot  himself  to  work  in  his 
little  shop  for  tho  purpose  of  developing,  improving,  nnd 
reducing  to  practical  results  hy  machinery,  these  ideas,  ns 
well  ns  prosecuting  his  experiments  in  Printing  Telegraphs 
or  recording  tho  signals  automatically  on  paper. 

And  this  defendant  further  snys,  that  leaving  for  a  timo 
the  furthor  immediate  development  of  Duplex  Machines, 
he  dovoted  himself  moro  particularly  to  the  invention  nnd 
perfecting  of  machinery  for  automatic  telegraphy,  and  ob¬ 
tained  his  first  patent  for  such  a  machine,  which  resulted 
in  the  improvements  in  tho  automatic  machines  now  so 
lnrgoly  used  hy  bankers  nnd  others,  for  which  improve- 


incuts  lie  obtained  a  largo  number  of  patents,  but  at  the. 
samo  time  lie  was  engaged  from  time  to  time  in  experiment¬ 
ing  upon  tlio  idea  of  duplex  telegraphy. 

And  this  defendant,  further  answering,  says  that  in 
September,  1870,  being  desirous  of  continuing  Ins  experi¬ 
ments  in  duplex  telegraphy,  and  also  of  having  the 
menUB  of  manufacturing  and  perfecting  his  machines  for 
automatic  telegraphy,  and  having  at  that  time  the  com¬ 
mand  of  very  limited  means  for  tlioso  purposes,  lie  entered 
into  a  written  contract  with  George  Harrington,  made  and 
executed  on  the  ilrst  day  of  October,  1870,  a  copy  of  which 
contract  is  hereto  annexed  and  marked  Schedule  1,  by  which 
it  was  agreed  that  the  said  George  Harrington  and  this  de¬ 
fendant  should  go  into  a  joint  business  or  partnership,  to 
continue  for  the  term  of  live  yenrs,  upon  the  terms  and  con- 
ditioiiB  set  forth  in  tlio  said  contract,  which  partnership  or 
joint  business  was  to  be  for  the  invention  and  manufacture 
of  all  kinds  of  machinery,  instruments,  tools,  battery  ma. 
tcrinls,  and  all  that  should  be  required  by  tlio  various  sys¬ 
tems  of  telegraphy,  and  in  which  this  defendant  and  the 
said  George  Harrington  wore  to  be  iutorcsted  as  joint 
owners  ill  all  original  inventions  and  improvements  in¬ 
vented.  purchased  or  obtained  by  them  or  cither  of  them, 
ami  in  all  interests  and  profits  arising  therefrom  in  the 
proportions'  set  forth  in  said  contract,  us  by  reference  to 
the  same  will  more  fully  appear,  excepting,  however,  the 
automatic  reporting  machine  used  by  stockbrokers,  which 
had  been  previously  sold  by  this  defendant. 

And  tins  defendant  further  says  that  by  that  contract 
1m  bucumc  bound  to  devoto  all  liis  inventive  powers  and 
talents  to  the  business  and  interests  of  said  firm,  anil  to 
admit  no  other  parties  to  any  direct  or  indirect  interest  in 
or  to  any  inventions  or  improvements  made  or  to  bo  made 
by  him,  except  as  sot  forth  ill  said  contract,  but  that  all 
such  should  inure  and  bolong  to  this  defendant  and  tlio 
said  Harrington  in  the  proportions  thcrciu  provided,  and 
not  to  invent  or  transfer  to  any  other  parties  any  improve¬ 
ment  that  would  bo  usofnl  or  desired  in  automatic  tele¬ 


graphy  ;  and  by  said  contract  it  was  provided  that  lor  an; 
original  inventions  and  improvements  made  by  this  do 
Iciidant  other  than  such  ns  might  ho  suggested  or  nrisi 
from  the  current  work,  this  defendant  should  be  paid  hi 
the  firm  additional  compensation,  to  ho  adjusted  in  tin 
manner  pointed  out  in  said  contract. 

And  this  defendant,  further  nnsworiug,  says  that  nude 
said  contract  the  said  joint  business  was  begun  and  carrici 
on  in  the  city  of  Xownrk,  in  this  State,  and  machinery  am 
a  shop  were  provided,  and  n  lnrgo  amount  of  money  ox 
pended  by  the  said  Gcorgo  Harrington  in  order  to  earn 
out  the  purposes  of  said  partnership,  and  this  dcfemlan 
wont  on  to  perfect  his  inventions  in  printing  and  automata 
telegraphy  and  other  machines  and  devices,  and  whatove 
else  might  grow  out  of  such  experiments. 

And  this  defendant,  further  answering,  says  that  al 
though  the  said  partnership  business  wns  not  pecuniarily 
successful  ns  a  manufacturing  operation,  the  ] 
part  of  the  business  wns  successful,  and  a  large  number  o 
patents  were  obtained  for  various  devices  and  improve¬ 
ments  relative  to  lmtchiiicry  for  utilizing  the  action  o 
electricity,  which  were  directed  to  bo  issued  to  the  sail 
Harrington  and  this  defendant  jointly  under  said  contract 
ns  they  were  perfected. 

And  this  defendant,  further  answering,  says  that  ii 
order  to  promote  unity  of  action  in  regard  to  tho  said  busi 
ness  mid  the  disposition  of  any  inventions  and  improve 
incuts  made  or  to  bo  made  by  this  defendant,  for  the  join 
benefit  of  himself  and  said  Harrington,  this  dcfemlan 
entered  into  a  further  agreement  in  writing  with  tho  sail 
Harrington,  on  tho  fourth  day  of  April,  1871,  a  copy  o 
which  is  hereto  annexed  and  marked  Schedule  2,  by  wind 
it  was  recited  that  this  defendant  had  agreed  to  invent  am 
construct  instruments  and  machinery  that  should  dovelo] 
into  practical  use  the  Littlo  or  other  system  of  automata 
or  fast  system  of  telegraphy,  and  to  improve  and  porfoc 
such  instruments  and  machinery  by  adding  thereto  iron 
time  to  time  such  further  inventions  ns  experience  and  hi 


lility  ns  nil  inventor  nnd  electrician  should  suggest,  and 
ropiiro  drawings  and  obtain  patents  I'or all  such  inventions, 
hich  woro  to  be  tlio  joint  property  of  said  Harrington  and 
lis  defendant,  nnd  such  patents  to  bo  issued  to  them 
,i„tly  in  tlio  proportion  of  two-thirds  to  said  Harrington 
nd  one-third  to  this  defendant,  and  the  whole  to  he  under 
,o  solo  control  of  said  Harrington,  with  power  to  sell  and 
isposo  of  the  same  ;  nnd  also  that  the  said  Harrington  had 
uthfully  fulfilled  all  of  his  covonnnts  lind  stipulations  cn- 
jred  into  witli  this  defendant.  And  after  such  recitals, 
liis  defendant  did,  by  said  contract,  assign  and  set  over  to 
aid  Harrington  two-thirds  in  interest  of  all  his  said  invon- 
ious  nnd  of  all  patents,  whothor  issued  or  applied  for  or 
hereafter  lo  be  applied  for,  and  ot  nil  patents  nuulo  or  to 
io  made  applicable  to  automatic  tolegrnpby  or  mechanical 
irinting,  and  did  constitute  tlio  said  Harrington  his  true 
md  lawful  attorney  irrevocable  lo  sell,  transfer,  and  con¬ 
vey  all  of  tlio  rights,  titles,  and  interest  of  this  defendant 
n  and  to  all  nnd  every  of  his  said  inventions  nnd  improvc- 
ncuts,  whethor  made  or  to  lie  made,  and  to  sell  and  trnns- 
er  nil  rights  by  patent  or  otherwise  arising  therefrom 
ilrondy  made  or  to  lie  made,  with  full  power  to  divest  this 
lefciidaiit  of  all  such  rights,  and  requesting  the  commis¬ 
sioner  of  patents  to  recognize  said  Harrington  as  such 
ittorncy,  ns  by  tlio  said  contract, -a  copy  whereof  is  hereto 
innexed,  will  more  fully  nppear.  Which  contract  was  duly 
recorded  in  the  Patent  Ofiico  on  tho  sixth  day  of  May, 
1871,  in  Book  U  13  of  Transfers  of  Patents,  page  412. 

And  this  defendant,  further  answering,  says  thnt  under 
the  foregoing  agreements  with  said  Harrington  ho  con¬ 
tinued  to  pursue  such  joint  business  in  tho  city  of  Newark, 
and  tlio  said  Harrington  continued  to  furnish  largo 
amounts  of  money  to  conduct  tho  samo,  nnd  this  defendant 
still  prosecuted  his  experiments  in  duplex  telegraphy,  and 
during  such  experiments  conceived  the  idea  of  quadruples 
telegraphy,  but  at  first  with  doubtful  success.  And  in 
January,  1873,  having  made  sovornl  duplex  machines  nnd 
ono  quadruples  mnehino,  it  boenmo  convenient  to  ltnvo  an 


opportunity  of  .testing  thorn  upon  extended  circuits,  nnd 
this  defendant  thereupon  applied  to  William  Orton,  Presi¬ 
dent  of  tho  Western  Union  'Telegraph  Company, ‘for  leave 
to  put  his  machines  upon  the  wires  of  thnt  company  when 
not  in  uso  between  twelve  o’clock  at  night  and  seven  in 
tho  morning,  which  was  granted  by  said  Orton,  who  said 
that  ho  would  bo  glad  to  have  any  machine  developed 
which  would  promote  rapidity  in  telegraphing.  And  under 
thnt  permission  this  dcfamlant  worked  for  nbout  ono  hun¬ 
dred  nights,  nnd  developed  tho  operation  of  the  duplex 
inacliiiio  until  ho  beliovcd  it  a  success,  and  so  for  developed 
the  qundruplex  machines  that  by  further  experiments  they 
could  bo  made  successful. 

And  this  defendant  further  says,  thnt  ho  then  appliod  to 
Mr.  Orton  to  have  his  Duplox  machines  put  on  tlio  wires  ol 
tho  Western  Union  Telegraph  Company  for  use,  nnd  al¬ 
though  ho  expressed  a  willingness  to  lmvo  it  dono,  lie  gave 
no  orders  for  thnt  purpose,  and  tins  defendant  found  him¬ 
self  iinublo  to  effect  it,  and  received  no  reply  to  a  lettei 
written  to  Mr.  Orton  on  tho  subject,  just  before  lie  wni 
abent  to  sail  for  Europe,  so  that  tins  defendant  was  lefl 
without  nny  means  of  testing  his  machines  by  practical 
use. 

And  this  defendant  further  answering,  says,  that  undoi 
these  circumstnuccs,  having  no  access  to  extended  circuits 
ho  applied  to  George  B.  Prescott,  tho  other  defendant  tc 
this  suit,  who  was  then  the  olcctricinn  of  tlio  Western  Union 
Telegraph  Company,  nnd  stated  his  difficulty  to  him,  nnd 
asked  hiBiiid  in  hnving  tho  Duplox  instruments  put  to  work 
on  the  Western  Union  lines;  nnd  to  induce  him  to  lend  bit 
assistance,  this  defendant  offered  to  givo  him  a  half  interest 
in  said  inventions  if  ho  would  do  so,  and  the  said  Prescott 
agreed  to  aid  this  defendant  in  that  particular  on  conditioi 
thnt  he  tho  said  Prescott  should  appear  to  bo  joint  in 
vontor,  with  this  defendant,  of  tlieso  instruments,  to  wind 
suggestion  this  dofohdnnt  tbit  constrained  to  assent,  nlthougl 
said  Prescott  had  then  dono  nothing  towards  Bind  iuvon- 


And  in  ptll'simnco  of  such  proposition,  a  contract  was 
entered  into  between  this  defendant  mid  tho  said  Prescott, 
dated  July  9, 1874,  which  is  not  alluded  to  in  tho  com¬ 
plainant’s  bill,  and  a  copy  of  which  is  hereto  annexed,  • 
marked  Schedule  3,  by  which  it  was  recited  that  this  de¬ 
fendant  and  said  Prescott  wore  joint  inventors  of  certain 
improvements  in  telegraphic  apparatus  described  as  mag¬ 
netic  Duplex  apparatus,  for  which  they  wero  about  to  apply 
for  letters  patent  to  bo  issued  to  them  jointly,  and  by  which 
die  said  inventions  and  improvements  were  described  ns  their 
joint  inventions ;  and  it  was  agreed  that  they  should  have 
i  joint  mid  ct|nnl  interest  in  the  same,  upon  tho  terms  nnd 
conditions  therein  set,  forth  as  by  the  snid  agreement,  a 
:opy  of  which  is  hereto  annexed,  will  more  fully  appenr, 
md  which  terms  and  conditions  are  substantially  the  same 
is  those  contained  in  tho  subsequent  agreement  hereinafter 
nentioned. 

And  this  defendant  further  miewcriug,  says,  upon  tak- 
ng  advice  as  to  the  legality  of  any  patents  that  should  be 
ssued  to  this  defendant  nnd  said  Prescott  jointly,  ho  be¬ 
anie  satisfied  that  inasmuch  as  tho  said  Prescott  was  not 
n  fact  a  joint  inventor  with  this  defendant,  the  said  patents 
vould  be  deemed  invalid  ;  and  he  thereupon  conn  mini- 
sited  his  doubts  to  said  Prescott,  nnd  it  was  thought  best 
o  make  other  arrangements.  And  thereupon  on  tho  nine- 
centli  day  of  August,  1874,  a  new  agreement  was  made, 
nbstnntinlly  ns  set  forth  in  the  said  bill  of  complaint, 
eeiting  that  the  inventions  were  made  by  this  defendant 
done,  nnd  providing  for  tho  joint  ownership  thereof  upon 
he  terms  nnd  conditions  sot  forth  in  snid  agreement  and 
nbstnntinlly  recited  in  said  bill. 

And  this  defendant  further  says,  that  tho  latter  ugree- 
iiout  was  merely  substituted  for  tho  former  one,  nnd  this 
lefeudnnt  did  not  receive  from  snid  Prescott  or  from  the 
omplniimnt  or  nny  other  person  any  other  or  further  con- 
idorntion  therefor. 

And  this  defendant  further  soys,  that  in  conscqucnco  of 


this  ngreomont  ho  was  permitted  to  put  his  machines  upon 
tho  Western  Union  wires,  and  to  put  them  at  work. 

And  this  defendant  further  says,  that  during  theso  ne¬ 
gotiations  lie  had  told  the  said  Prescott  of  his  Qnndruplcx 
apparatus  nnd  explained  its  operation,  showing  him  that  it 

would  he  ninuli . re  rapid  nnd  eilieanious  than  the  Duplex, 

nnd  snid  Prescott  urged  this  defendant  to  lest,  tho  Qiindru- 
plex  nppnrnlue,  which  lie  proceeded  to  do,  nnd  had  it  put 
upon  tho  lino  formed  of  a  return  circuit  between  Now  York 
and  Philadelphia,  mid  worked  it  nil  of  one  day  in  the  pres¬ 
ence  of  snid  Prescott  anil  Mr.  Orton,  until  it  was  consid¬ 
ered  so  far  successful  ns  to  cause  Mr.  Orton  to  order  n  now 
set  of  instruments  to  lie  put  on  the  line  between  Now  York 
and  Boston,  nnd  to  lie  worked  in  the  actual  business  of 


And  this  defendant  1  I  i 

invention  proved  to  lie  a  success,  after 
four  weeks,  nml  tho  said  Orton  desired 
operation  on  a  longer  circuit,  nnd  in 
defendant  caused  the  instrument  use 


ing  says,  that  tho 
working  three  or 
o  have  it  put  in 
his  request  this 
on  the  Boston 


line  to  ho  transferred  to  the  Chicago  wire,  whore  it  was 
used  successfully,  nnd  the  machines  have  been  working  on 
that  line  ever  since  in  the  service  of  tho  Western  Union 
Telegraph  Company,  except  while  changing  into  their  now 
building  in  New  York. 

And  this  defendant  further  says,  that  during  all  this 
time  the  snid  Prescott  had  paid  him  nothing  fur  snid  in¬ 
ventions,  nnd  had  done  nothing  personally  about  them, 
except  to  pay  some  solicitor’s  fees,  nnd  for  some  machines ; 
and  that  after  the  invention  was  found  to  bo  a  success,  the 
said  Prescott  consulted  this  defendant  ns  to  what  proposi- 
:  tion  should  lie  made  to  tho  Western  Union  Telegraph 
Company  for  the  sale  of  it  to  them,  no  proposition  having 
been  mndo  by  snid  company  up  to  that  time  as  to  a  price 
to  be  paid  for  it;  ami  thereupon  this  defendant  drew  up  a 
memorandum,  nnd  afterwards  a  proposition  was  made  out 
and  signed  by  this  dofondnnt  and  said  Prescott,  ns  follows, 


‘lion.  Wm.  Oirrox,  President  Western  Union  Telegraph 
Company. 

“  Dear  Sir:  Your  company  lms  over  25,000  miles  ot 
wire  which  can  now  he  profitably  qundrnplexed.  Consul- 
orinjr  these  25,000  miles  to  lie  already  duplexed,  the  quad- 
ruplox  will  create  50,000  miles  additional.  For  all  out 
patents  and  efi'orts  in  protecting  the  company  in  tho  mo¬ 
nopoly  of  the  same  during  their  life,  we  will  take  one- 
twentieth  of  the  average  cost  of  maintenance  of  50,000 
mil6s  of  wire  for  seventeen  years — ono-.third  down,  ami 
the  balance  in  yearly  payments  during  the  above-mentioned 
period,  lmlf  of  such  payments  to  cease  the  moment  any 
other  person  shall  invent  and  put  into  practical  operation 
a  quudruplex  not  infringing  our  patents,  upon  a  circuit  ol 
400  miles  in  length. 


And  this  defendant  further  says,  that  tho  uliovo  propo¬ 
sition  is  the  only  formal  one  that  wns  made,  and  it  was  not 
accepted  hy  the  company ;  and  this  defendant  being  then 
greatly  in  want  of  money,  submitted  other  unsigned  mem¬ 
oranda  of  lower  rates  to  Mr.  Orton,  who  accepted  none  »l 
them,  hut  urged  this  defendant  to  oiler  still  lower  proposi¬ 
tions;  and  these  memoranda  of  lower  rates  wore  not  signed 
hy  said  Prescott,  nnd  woro  only  suggested  by  this  defend¬ 
ant  hecauso  ho  wns  in  urgent  need  of  money. 

•  And  this  defendant  further  says  that  in  his  Inst  negoti¬ 
ation  with  Mr.  Orton  ho  informally  proposed  to  take 
twenty-iivo  thousand  dollars  nnd  a  royalty  instead  of  the 
Kret  proposition,  which  would  hnvo  amounted  to  four  hun¬ 
dred  nnd  fifty  thousand  dollars. 

And  this  defendant,  further  answering,  says  that  it  ii 
truo  that  ho  received  from  tho  said  complainant  tho  sum  ol 
live  thousand  dollars  on  tho  tenth  day  of  December,  1874, 
aud  hofore  any  of  tho  above-mentioned  propositions  wen 


receipt,  marked  inhibit  A,  annexed  to  the  complnimu 
bill,  which  wus  prepared  for  him  to  sign,  and  falsely  reel 
that  this  defendant  and  said  Prescott  are  the  joint  invent 
of  said  improvements,  but  this  defendant  denies  that  lie 
reived  said  sum  in  consideration  of  any  agreement  then 
fore  made  with  ’said  company  for  the  sale  of  said  invuntio 
or  that  the  same  was  paid  in  execution  of  any  such  agi 
meat,  hut  this  dofcmluut  says  that  he  then  needed  mon 
nnd  being  satisfied  that  his  experiments  wero  successful,  i 
supposing  that  some  satisfactory  arrangement  would 
mndo  for  the  sale  of  his  improvements  to  thu  complaint 
lie  applied  to  Mr.  Orton  for  some  money,  and  received 
said  sum  of  five  thousand  dollars,  and  gave  him  the  root 
marked  Exhibit  A  in  complainant’s  hill,  which  recites  t 
this  defendant  and  said  Prescott  had  agreed  to  assign  tl 
right,  title  and  interest  in  said  inventions  to  the  said  e 
puny,  provided  the  terms  of  payment  for  such  assigmn 
should  he  satisfactorily  adjusted  between  said  parties 
the  said  company. 

And  this  dclcndunt.  lurther  answering,  says  that 
terms  of  payment  for  such  assignment  were  never  ndjut 
in  a  manner  satisfactory  to  this  defendant;  that  non 
the  said  propositions  or  memoranda  were  accepted  hy 
said  complainant  in  any  reasonable  time ;  that  this  deft 
ant  needed  more  money  in  order  to  finish- some  twe 
(pmdriiplcx  machines  ordered  hy  Mr.  Orton,  nnd  in  oi 
to  procuro  thu  same  ho  repeatedly  called  upon  said  Oi 
and  desired  him  to  close  up  the  negotiation,  hut  was  i 
Bluntly  put  oft’  and  treated  with  coldness  and  iudiflerc 
and  finully  said  Orton  went  to  Chicago,  leaving  this  del 
ant  in  his  difficulties,  with  a  largo  number  of  hands 
ployed  and  no  meuns  of  paying  them,  and  also  embarrassed 
hy  the  agreement  ho  had  been  induced  to  uiako  with  said 
Prescott 

And  this  defendant  further  says  that  under  these  cir¬ 
cumstances  he  determined  to  make  tho  best  salo  of  his  iu- 
;  volitions  that  ho  could  command,  being  satisfied  that  the 


that  Find  Prescott,  ns  an  employee1  of  tho  com  plain  u  1 1 1,  lit 
only  token  hold  of  the  mutter  to  obtain  nn  interest  in  tl 
inventions  without  considerntion,  and  to  put  this  defends! 
entirely  in  the  power  of  the  Western  Union  Telegraph  Con 
pnny.  And  thereupon  this  defendant  sold  and  transferre 
all  his  right,  title  and  interest  in  said  inventions  and  paten 
to  Jay  Gould,  in  behalf  of  the  Atlantic  and  Pnciiie  'J’elcgrnp 
Company,  before  any  acceptance  of  any  proposition  orsii] 
gostion  for  sale  on  the  part  of  the  complainant,  and  prii 
to  the  filing  of  the  bill  in  this  cause,  so  that  it  is  no 
entirely  out  of  the  power  of  this  defendant  to  enter  ini 
any  further  negotiation  with  the  complainant  or  to  iiuik 
any  transfer  or  assignment  to  the  Western  Union  Tolcgrnp 
Company. 

And  this  defendant,  further  answering,  says  that  th 
said  William  Orton  and  George  B.  Prescott,  at  the  time  t 
the  dculiiigs  of  this  defendant  with  them  ns  above  set  forth 
were  fully  aware  that  this  defendant,  by  virtue  of  the  sail 
agreements  with  George  Harrington,  mndo  in  1ST0  am 
18il,  had  been  continuously  engaged  in  experiments  ii 
electric  telegraphy,  as  hereinbefore  stated,  and  in  obtain 
ing  patents  for  such  of  his  inventions  as  were  found  to  hi 
important  and  patentable,  and  that  the  said  Orton  bad  fill 
notice  thereof  before  ho  paid  this  defendant  the  said  sum  o 
live  thousand  dollars,  and  the  said  Prescott  also  before  la 
entered  into  said  contract  of  August  19th,  1874. 

And  this  defendant  further  answoriug  says,  that  whei 
lie  entered  into  said  last  mentioned  contract  with  sail 
Prescott,  and  when  lie  gave  the  receipt  for  five  thousnne 
dollars,  ho  believed  that  the  deed  of  assignment  made  b; 
him  to  Harrington,  on  the  fourth' day  of  April,  1871,  dh 
not  by  its  terms  embrace  the  invention  of  the  Duplex  am 
Quadruples  systems  j  and  ho  acted  oii  that  opinion  in  all 
bis  dealings  with  said  Orton  and  Prescott,  and  assumed  it 
;ood  faith,  that  the  snid  George  Harrington  had  no  riglil 
tr  interest  in  the  snid  invention,  or  iu  any  of  the  pntonti 
ibtained  or  applied  for  in  rospeet  to  such  inventions,  ami 


agreements  made  with  snid  Harrington. 

That  among  such  patents,  and  part  of  the  rositl 
this  defendant’s  labors  were  a  patent  dated  Novcmbc 
1874,  for  a  Duplex  Telegraph,  the  application  for  v 
was  filed  in  1878,  or  early  in-  1874,  and  a  paten 
improvements  iu  Duplux  Telegraphy  issued  May, ! 
upon  an  application  tiled  April,  1S73,  which  at  the  tii 
his  dealings  with  Orton  and  Prescott,  this  defendant 
supposed  to  be  not  included  in  the  snid  contracts 
Harrington. 

And  this  dulundnnt  further  says,  tlint  the  said  Gi 
Harrington,  tlio  partner  of  this  defendant  ns  above 
tioned,  was  absent  at  tlio  time  when  this  defendant  uni 
into  his  arrangements  with  said  Prescott,  and  on  his  rc 
at  once  objected  to  tlio  same,  and  insisted  tlint  said  Prc 
was  not  in  any  milliner  the  joint  inventor  of  said  impi 
incuts,  and  tliat  ho  tlio  said  Harrington  wns.jointh 
forested  in  the  same,  and  held  control  thereof,  by  virti 
the  contracts  of  this  defendant,  made  with  him  us  he 
before  set  forth,  and  the  said  Harrington  never  m 
manner  assented  to  any  propositions  ii  mg  Inti  n 
the  salu  thereof  to  the  complainant,  but  on  the  coni 
himself  negotiated  and  carried  into  cflcct,  a  sale  tlicrci 
Jay  Gould,  iu  behalf  of  the  Atlantic  ami  Pueific  Tcleg 
Company,  on  the  first  dny  of  January,  1S75,  under 
provisions  of  the  snid  recorded  assignment  and  agrcei 
made  to  him  by  this  defendant  as  hereinbefore  set  Ii 
And  the  snid  Harrington  also  assented  to.  and  ratified 
and  sale  made  by  this  defendant  to  Jay  Gould  as  nforei 
and  took  measures  to  protect  his  own  interests  in  rej 
to  said  inventions  ns  bo  was  advised. 

And  this  defendant  further  answering  says,  that  slu 
liter  bo  rccoivcd  tlio  snid  $5,000,  lie  became  satislicil, 
ivns  advised  tlint  nndor  bis  former  contracts  with 
Harrington,  u  share  of  snid  inventions  of  right  beloi 
to  him,  beenuso  thoy  wero  the  result  and  perfeotio 
«  peri  incuts  made  before  tho  snid  partnership  arrange 


with  him  Itiul  been  m ndo,  nnd  properly  passed  by  tin 
transfers  made  to  him  by  this  defendant,  and  therefor, 
this  defendant  on  the  twenty-third  day  of  .Tannery,  lS.o 
addressed  a  communication  to  tiio  Commissioner  of  Patents 
advising  him  of  the  contracts  made  with  said  Harrington 
and  of  ids  claim  under  the  same,  and  withdrawing  ill 
ropiest  theretofore  made  for  the  issue  of  the  patents,  ii 
the  name  of  tills  defendant  and  said  Prescott,  and  ropiesl 
ill"  that  the  same  lie  issued  to  said  Harrington  and  tin 
defendant  in  tliu  proportions  set  forth  in  tho  power  c 
attorney  and  assignment  dated  April  T,  1871,  and  tli 
contract  thorcin  recited.  And  this  defendant  also,  on  tli 
twenty-third  day  of  January,  1875,  prepared  and  signet 
and  a  few  days  thereafter  addressed  and  sent  to  sai 
William  Orton,  ns  President  of  Tho  Western  Union  Teli 
graph  Company,  a  communication  stating  that  when  ncgi 
tintions  were  opened  between  him  nnd  this  defendant,  th 
defendant  hoped,  in  ease  tiio  terms  could  bo  agreed  npoi 
that  lie  should  lie  atilu  to  give  a  valid  title,  but  that  1 
was  advised  that  the  claims  ol  George  Harrington,  nnd 
a  prior  contract  and  irrevocable,  power  of  attorney  ( 
which  said  William  Orton  was  aware),  and  which  we 
still  ill  full  force  and  effect,  would  prevent  a  valid  transt 
of  snd i  title  to  thu  complainant  or  other  parties,  and  th 
under  such  circumstances  all  further  negotiations  butwe 
them  must  necessarily  cease,  and  that  any  money  expen 
ed  or  paid  in  anticipation  of  final  action,  this  defends 
was  ready  at  any  moment  to  return  to  said  Orton.  A 
that  at  the  same  time  this  defendant  i  t 
to  said  Prescott,  inclosing  a  copy  of  said  letter  to  Willii 
Orton,  President,  and  informing  him  that  tho  same  reuse 
which  forbade  further  action  with  snid  Orton  would 
validntu  the  agreements  made  with  said  Prescott,  a 
offering  to  return  any  moneys  expended  by  said  Prescott 
account  of  this  defendant's  negotiations  with  him  at  r 

And  this  defendant  further  says,  that  he  lias  at  all  th 
since  been  willing  and  is  still  willing  and  ready  to  rot 


tho  said  money  to  snid  William  Orton,  and  hereby  tend 
himself  ready  to  do  so. 

And  this  defendant  further  nnsworing,  says,  that  ho 
advised  nnd  boliovos  that  the  said  Harrington  or 
assignees  are  entitled  to  have  tho  snid  inventions  of  Hup 
nnd  Qtindruplcx  Telegraphy  brought  within  tho  oporati 
of  the  contracts  nindo  with  said  Harrington  by  t 
defendant  ns  nforesnid ;  that  the  snid  Harrington  nnd  tin 
interested  with  him  have,  since  tho  .late  of  tlm  said  fi 
agreement  with  this  defendant,  expended  a  very  largo  si 
of  money,  amounting  to  about  four  hundred  thousand  d 
lars,  in  furnishing  menus  and  facilities  for  this  defendant 
carry  on  his  experiments  and  perfect  his  inventions  in  t 
various  branches  of  telegraphy,  including  his  improvomei 
in  Duplex  and  Qiindruplex  machinery,  and  by  means 
mch  expenditure  have  enabled  this  defendant  to  secure  t 
mcccssful  results  hereinbefore  mentioned.  And  the  sii 
Harrington  nnd  his  assignees  now  justly  claim  that  all 
mch  results  are  properly  within  the  scope  of  the  terms 
the  snid  agreement,  nnd  are  subject  to  their  control  by  t 
erms  of  tho  agreement  nnd  assignment  of  the  fourth  d 
)f  April,  1871.  By  reason  of  which  claims  on  the  part 
;nid  Harrington  nnd  his  assignees,  this  defendant  hum 
hat  ho  ought  not  to  lie  decreed  to  make  any  com  cyan 
>r  transfer  of  the  said  patents  to  the  said  complainant 
lerogation  of  the  rights,  so  claimed. 

And  this  dclondnut  lurthcr  answerin''-  s«vs,  that  tl 
legotiations  between  this  defendant  nnd  said  complniun 
aid  George  B.  Prescott  were  all  founded  upon  a  mistnki 
dew  of  the  legal  rights  of  snid  .Harrington,  which  mistnl 
rns  mutual— both  parties  supposing  that  the  contract 
kpril  4,  1871,  was  so  worded  as  to  oxcludc  the  Dupli 
md  Qiindruplex  systems.  But  this  defendant  says,  that  1 
s  now  ndvised  nnd  believes  that  tho  said  contract  of  A  pi 
I,  1871,  docs,  in  fact,  include  tho  Duplex  nnd  Quadr 
ilex  systems,  and  that  theso  inventions  are  also  umbrae. 
>y  tho  said  contract  of  October  1,  1870. 

And  tliis  defendant  further  nnsworing,  says,  that  lie  d 


irics  tlmt  wlmt  is  called  in  tlio  complainant's  bill  atormal 
proposition  in  writing,”  was  in  any  sense  a  formal  propo¬ 
sition,  but  alleges  tlmt  it  was  a  mere  memorandum  of  torms, 
loose,  vague,  and  indefinite,  not  signed  by  tins  defendant, 
and  never  acted  on  by  said  Orton  while  it  wns  open  for 
consideration;  and  this  dofondnnt  donies  tlmt  it  wns  left 
open  indefinitely  in  point  of  time. 

And  this  defendant  further  answering,  says,  tlmt  the 
said  Orton  took  no  notieo  of  said  memorandum  until  after 
lie  bad  learned  that  this  defendant  laid  withdrawn  alto¬ 
gether  from  the  attempted  negotiation. 

And  this  defendant  denies  that  the  transaction  carried 
on  between  this  defendant  and  said  Orton  and  Prescott 
constituted  a  contract,  and  charges  that  there  lias  been  no 
tender  to  this  defendant  of  a  contract  in  writing  for  tin 
transfer  of  the  inventions  to  the  complainant,  and  for  tin 
payment  by  the  complainant  of  the  price  or  consideration 
and  no  tender  of  any  instrument  of  transfer  nor  of  any 
covenant  to  pay  any' royalty. 

And  this  defendant  further  says,  that  on  the  thirtccntl 
day  of  October,  ISM,, a  notieo  wns  sent  to  the  complninnn 
by  Mr.  1  Ionium,  solicitor  for  the  coinplninants  in  a  sni 
pending  between  Craig  nnd  another  against  The  Automata 
Telegraph  Company  nnd  others,  advising  the  complninnn 
tlmt  this  defendant  Imd  assigned  his  inventions- to  said  liar 
rington,  and  that  a  copy  of  the  complaint  in  that  enso  wn 
sent  with  such  notice,  whereby  the  complainant  was  full; 
advised  of  the  rights  and  claims  of  snid  Harrington  in  rt 
spect-  to  the  inventions  ol  this  dcteiidaut.  And  this  di 
fondant  charges  nnd  insists  that  tlio  snid  complainant  cm 
not  in  equity  require  this  dcfcmlnnt  to  do  any  net  to  intei 
fere  with  the  rights  of  said  Ilnrrington  ns  claimed  by  hii 
under  said  contracts. 

And  this  defendant  donies  all  unlawful  combination  an 
confederacy  in  snid  hill  charged.  Without  this  that  nn 
other  matter  or  tliinir  in  tho  snid  hill  charged,  nnd  n< 


and  avoided,  traversed  or  denied,  is  truo  to  tho  knowledge 
or  beliof  of  this  defendant.  ’ 

All  which  matters  and  things  this  defendant  is  ready 
to  nvor,  maintain  nnd  prove  ns  this  honorable  court  shall 
direct,  and  humbly  prays  to  he  lienee  dismissed  with  his 
costs  ami  charges  in  this  behalf  sustained. 

PA  UK  Ell  *  KEASI1KV, 
.SWV.V ,(!  of  Counsel  ,0,7 h  defendant, 
Thomas  A.  Emso.v. 

State  of  New  Jersey,  Essex  County,  ss. : 

Thomas  A.  Edison,  the  above  named  defendant,  being 
duly  sworn,  on  his  ontli  snith,  tlmt  the  matters  and  thing's 
set  forth  in  the  foregoing  answer,  so  far  as  they  rclnto  to 
his  own  acts,  are  true,  ami  so  far  as  they  relate  to  the  acts 
of  others  he  bolioves  them  to  he  true. 

Til  OS.  A  EDISON. 

Sworn  and  subscribed  this  20th  ) 
day  of  May,  1875,  before  me. j 
E.  Q.  ICuAsnnv, 


18 


[Schedule  1.] 

Tins  indenture,  made  this  first  day  of  October,  ono  tlion- 
sand  eight  hundred  and  seventy,  by  and  between  Tliomns 
A.  Edison,  of  Newark,  in  tlio  Stnto  of  New  Jersoy,  of  the 
first  part,  and  George  Harrington,  of  the  city  of  Washing¬ 
ton,  District  of  Columbia,  of  tho  second  part : 

Witncssetli,  that  for  and  in  consideration  of  ono  dollnr 
paid  in  band,  one  to  the  other,  the  receipt  whereof  is  here¬ 
by  acknowledged,  and  of  tho  mutual  trust  and  confldcnco 
which  said  parties  have  in  each  other,  do  each  covenant 
and  agree  with  the  other  ns  follows : 

First.  That  tho  said  parties  as  nbovo  named  will  be 
partners  ns  inventors  and  as  manufacturers  of  all  kinds  of 
machinery,  instruments,  tools,  battery  inatcrinls,  and  all 
and  whatsoever  may  be  required  by  tho  vnrions  systoles  of 
telegraphy,  and  of  all  such  other  machinery,  instruments, 
toolB,  or  articles  or  things  the  mauutacturo  of  which  may 
bo  offered  to  or  obtained  and  accepted  by  them,  tho 
said  parties  to  be  interested  ns  owners  in  nil  originul 
inventions  and  improvements  invented,  purchased,  or  ob¬ 
tained  by  them,  or  cither  of  them,  and  in  all  tho  in¬ 
terests  nml  profits  arising  from  the  business  of  mnnu- 
lncturmg  m  the  proportions  nB  hereinafter  set  forth. 

Second.  That  the  business  of  said  firm  shall  bo  known 
and  conducted  under  tho  name  and  style  of  TnR  Amemoan 
Telequatu  Wouks. 

Third.  The  place  of  manufacture  shall  bo  in  tho  city  of 
Newark,  Stnto  of  New  Jersey,  until  such  time  nB  it  may  bo 
mutually  agreed  to  select  somo  other  locality. 


19 

Fourth.  The  capital  of  tho  firm  shall  bo  nine  thousand 
($9,000)  dollars,  of  which  tho  party  of  the  first  part  shall  fur¬ 
nish  the  sum  of  three  thousand  ($3,000)  dollars  in  the  inan- 
norhorcin  set  forth,  and  the  party  of  the  second  part  shall 
furnish  tho  sum  of  six  thousand  ($0,000)  dollars  in  cash. 

Tho  capital  to  ho  furnished  by  the  party  of  tho  second 
part  shall  consist  of  tho  stock,  machinery,  tools  and  inven¬ 
tions  owned  wholly  or  in  part  by  him,  of  which  an 
invontory  shall  bo  made  without  reservation  ;  but  so  much 
of  the  stock,  machinery,  tools,  and  fixtures  partly  owned 
by  said  party  of  tho  first  part,  and  in  part  owned  by  one 
William  Unger,  as  aro  now  located  and  in  use  nt  the 
former  plnco  of  business,  at  number  filteen  (in)  Railroad 
avenue,  Newark,  Now  Jersey,  shall  be  allowed  to  remain 
there  for  uso  by  tho  parties  hereto,  and  the  snid  William 
Ungor,  under  tho  unexpired  partnership  us  existing  at  this 
date  between  Edison,  party  of  tho  first  part,  and  tho  snid 
William  Unger,  hut  snid  shop,  machinery,'  tools,  and  fix¬ 
tures,  known  ns  number  fifteen  (15)  Railroad  avenue,  shall 
not  he  uScd  ns  n  plnce  of  general  manufacture  upon  orders 
to  tho  detriment  of  tho  interests  of  the  manufactory  to  bo 
established  und  known  as  the  American  Telegraph  Works, 
under  tho  auspices  of  and  to  lie  owned  by  the  parties  to  this 
indenture,  it  being  understood  and  stipulated  that  the 
gcnoral  manufacture  ns  hcrctnforu  carried  on  is  to  be 
transferred  to  the  American  Telegraph  Works,  to  bo 
established  under  this  ngreoment.  And  tho  transfer  of  tho 
titlo  to  tho  stock,  machinery,  tools,  and  fixtures  and  inven¬ 
tions  owned  wholly  or  in  part  by  the  party  of  the  first 
part  to  the  parties  of  tho  first  und  second  part  jointly,  to  be 
held  by  them  in  the  proportions,  respectively,  according  to 
tho  amount  of  capital  furnished  as  herein  stipulated,  shall 
be  taken  and  received  ns  full  pnyment  of  the  proportion  of 
capital  to  bo  supplied  by  tho  party  of  the  first  part. 

Fifth.  The  party  of  tho  first  part  shall  givo  his  whole 
time  and  nttoution,  talents,  und  inventive  powers  to  the 
business  and  interests  of  the  firm,  mid  shall  admit  no  other 


ns  hereinafter  set  fortli ;  but  nil  such  shall  enuro  and  belong 
to  tlie  parties  of  tlie  first  nnd  second  parts,  ns  ubovo  set 
forth,  in  tlie  proportions  ns  sot  fortli  in  section  sixth  of  tills 
indenture:  Provided,  however,  That  the  inventions  made 
exclusively  for  tho  Gold  &  Stock  Company,  which  under  a 
contract  between  said  party  of  tlie  first  part  nnd  Mr.lfnr- 
sliall  Lcflcrts  arc  to  be  tlie  sole  property  of  the  Gold  & 
Stock  Company,  are  not  to  be  included  in  this  agreement, 
lint  tlie  said  Edison,  or  party  of  the  iirst  part,  binds  him¬ 
self  not  to  invent  under  said  contract  any  machinery  that 
will  militate  against  automatic  telegraphy,  nor  to  sell, 
transfer  or  convey  to  any  parties  .whntevor,  without  the 
consent  of  the  party  of  the  second  part  hereto,  any  inven¬ 
tion  or  improvement  that  may  be  useful  or  desired  in  au¬ 
tomatic  telegraphy.  And  provided  further,  that  for  any 
original  inventions  or  improvements  that  tlio  party  of  the 
first  part  may  make  other  than  such  ns  may  be  suggested 
or  arise  from  the  current  work  in  the  manufactory,  there 
shall  be  allowed  and  paid  by  the  firm  to  the  party  of  the 
Iirst  part  a  reasonable  and  proper  compensation  therefor 
according  to  its  practical  value,  all  things  considered ;  such 
payment  to  be  in  addition  to  and  irrespective  of  the  pro¬ 
portionate  part  of  the  profits  of  tlie  business  of  the  firm  to 
which  tlie  party  of  tlie  iirst  part  would  be  otherwise  entitled. 
And  it  is  further  agreed  that  it  any  disagreement  shall 
arise  as  to  the  sum  which  may  be  claimed  as  “  reasonable 
and  proper  ”  to  be  paid  for  such  original  invention,  tho 
ipicstion  shall  be  referred  to  an  arbitrator ;  if  preferred  by 
either  of  tlie  parties,  to  three  disinterested  parties,  one  to 
be  chosen  by  each,  and  a  third  by  the  two  thus  chosen,  and 
whose  decision  shall  bo  final  and  binding  upon  both. 

Sixth.  That  ail  profits  arising  from  tho  biisiucss  of  the 
firm,  and  from  all  iuvontions  and  improvements,  nnd  from 
tho  manufactory,  shall  bo  divided  between  tho  parties,  as 
follows:  One-third  thereof  to  tho  party  of  the  first  part, 


and  two-thirds  to  tho  party  of  the  second  part;  and  all 
taxes,  rents,  insurances  and  oilier  expenses,  and  all  losses 
or  damages,  if  any  such  shall  occur,  shall  he  paid  from  tlie 
general  rceoipts  of  tho  firm  arising  from  its  business.  If 
tlicro  shall  bo  insufficient  receipts,  the  deficiency  shall  be 
supplied  by  tho  parties  hereto  in  tho  ratio  of  one-third  and 
two-thirds,  or  shall  be  taken  from  the  capital  of  tho  coni- 


Seaenth.  The  partners  shall  be  allowed  and  paid  from 
the  gross  revenues  arising  from  tlie  business  a  sum  equal 
to  fiftcon  por  cent,  upon  tlie  capital  per  aiinnin,  to  be  di¬ 
vided  into  monthly  payments,  and  a  like  por  centum  on 
moneys  ndvnnccd  by  cither  party  over  and  above  their 
proportionate  parts  of  tho  capital  us  above  set  forth.  And 
all  excess  of  profits  shall  rouiuin  in  tlie  treasury  of  the 
firm,  to  lie  appropriated  to  the  enlargement  of  tho  works 
and  manufactory,  and  extension  of  tlie  business,  as  may, 
from  time  to  time,  bo  agreed  upon.  Otherwise  than  as  set 
forth  in  this  section,  there  shall  be  no  moneys  or  property 
belonging  to  the  firm  withdrawn,  taken,  or  used  by  either 
partner,  oxccpt  upon  the  written  consent  of  botli  partners. 

Eighth.  The  party  of  tho  Iirst  purl  shall  have  control 
and  direction  ol  the  mnnufactury.  and  shall  employ  and 
dismiss  all  workmen  as  lie  shall  ileum  best  for  the  interest 
of  tho  firm  :  shall  purchase  at  lowest  cash  prices,  without 
commission,  tlie  machinery,  tools,  stock,  and  other  necessa¬ 
ries  required  in  tho  maiiufnctory,  and  generally  shall  bo 
responsible  for  tho  careful  preservation  of  tho  machinery 
and  property  of  the  company,  and  I  lie  economical  conduct 
of  the  ninniitactiiring  part  of  tho  business,  hut  the  manner 
of  kcoping  the  accounts  and  books  of  the  firm  and  manu¬ 
factory,  nnd  the  employment  of  persons  required  in  keep¬ 
ing  such  accounts  und  books,  nnd  all  that  relates  to  the 
financial  affairs  of  tho  firm  and  business,  and  tlie  dispusi- 


or  approved,  controlled  and  directed,  nt  Ilia  option,  by  the 
party  of  the  second  part. 

Ninth.  Tlioro  shall  be  no  notes  given,  nor  liny  liabili¬ 
ties  created  by  any  member  of  tlio  firm,  without  the 
previous  assent  of  both  the  partners. 

Before  contracts  shall  be  entered  into  for  tbe  manufac¬ 
ture  of  any  given  number  of  articles,  it  shall  be  the  dnty 
of  the  party  of  the  first  part  carefully  to  estimate  the 
whole  amount  of  moneys  that  will  bo  required  to  fulfil 
such  contract,  if  made,  and  the  length  of  time  that  will  be 
required  to  produce  the  articles  wanted ;  and  such  esti¬ 
mate  shall  be  submitted  to  the  party  of  the  second  pnrt,  in 
order  to  ascertain  if  the  financial  condition  of  tlio  firm  is 
such  ns  to  justify  the  outlay,  and  whether,  when  making 
the  contract,  it  should  not  be  provided  in  such  contract  for 
advances  to  be  made  by  the  parties  for  whom  the  work  is 
to  be  done,  in  proportion  ns  the  work  progresses,  and  before 
completion. 

Tenth.  Full  accounts  shall  bo  kept  of  all  business  done 
by  the  firm,  and  all  transactions  of  purclinsc,  manufac¬ 
ture,  sides,  receipts  and  payments  shall  be  clearly  and 
fully  recorded,  together  with  a  detailed  account  of  all  ex¬ 
penses  of  whatever  character  incurred.  And  the  books 
nud  accounts  shall  at  all  times  lie  open  to  the  inspection  of 
either  partner. 

Eleventh.  Each  partner  shall  give  a  true  account  of  all 
moneys,  property,  mnttcr,  and  tilings  thnt  may  come  into 
his  bauds,  or  to  ids  knowledge,  belonging  to  or  concerning, 
or  in  anywise  affecting,  said  partnership  or  said  business. 


provements  heretofore  mado  or  that  may  bo  hereafter 
by  tlio  party  of  tlio  first  part,  or  ordors  for  machinery 
instruments,  or  any’  part  tlioreof,  thnt  may  bo  obtninc 
oithorof  tho  parties  liorcto,  shall  bo.  manufactured,  1 
:  and  filled  at  and  from  the  manufactory  to  ho  Bet  up 
;  nted,  or  established  under  this  copartnership,  and  i 
other  place,  shop,  or  manufactory,  without  tho  conso 
all  tlio  parties  to  this  indenture. 

Thirteenth.  It  is  further  stipulated  and  agreed  tlin 
party  of  the  second  part  may,  at  his  own  option,  adi 
third  party  into  the  firm  upon  terms  of  equality  with 
and  with  the  party  of  the  first  part,  thnt  is  to  say, 
equal  third  part  or  intorcst  in  all  tlio  inventions,  s 
machinery,  tools,  anil  all  other  property  of  the  firm  a: 
the  business,  with  one-third  share  of  the  profits  and  1 
arising  therefrom,  and  one-third  boncfil,nnd  an  assiim 
of  one-third  of  all  tho  liabilities  of  tlio  firm  ;  Provided 
by  the  admission  of  such  third  party  the  interest  ol 
party  of  tho  first  pnrt  in  flic  property  and  business  o 
firm  shall  not  lie  lessened  thereby,  nor  the  stipulation 
agreements  anil  provisions  of  this  indenture  cluing 
•  modified,  cxcopt  in  so  far  as  must  necessarily  follot 

-  admission  of  n  third  pnrtnor  upon  nil  equal  footing  i 
forest  and  in  all  other  respects,  with  all  tlio  right 
privileges,  nml  subject  to  all  tho  restrictions,  to  be  enj 
or  imposed  upon  the  parties  to  this  indenture. 

Fourteenth.  This  partnership  shall  continue  for  a  p 
•or  term  of  five  years,  from  the  first  day  of  October,  eigl 
'hundred  and  soventy  unless  sooner  dissolved  by  in 

-  consent  of  all  the  parties. 


Twelfth.  It  is  further  stipulated,  agreed,  and  under¬ 
stood  that  the  manufacture  of  all  machinery,  instruments, 
tools  and  other  articles,  other  than  bo  much  aB  mnjr  be  nee- 


•  Fifteenth.  At  tho  expiration  of  tlio  partnership, 
•its  final  dissolution,  tho  property  and  assets,  alter  pi 


any  ono  of  tho  partners  shall  die  boforo  tho  expiration  of 
the  partnership,  tho  surviving  partner  or  partners,  if  there 
shall  bo  more  than  one,  shall  account  for  and  pay  over  to 
tho  executors,  administrators,  or  other  legal  representatives 
of  such  deceased  partner  his  proportion  of  tho  monoys  and 
of  tho  proceeds  of  all  property  and  assets  owned  by  said 
partnership  or  firm.  • 

Sixteenth.  The  provisions  of  this  indenture  may  be 
nltorcd  or  modified  from  time  to  time  upon  tho  agreement 
or  written  consent  of  all  parties. 

In  witness  whereof  tho  said  Thomas  A.  Edison  nnd  the 
said  George  Harrington  have  hereunto  set  their  hands  and 
affixed  thoir'soals  in  tho  city  of  New  York,  on  the  day  and 
date  first  above  written. 

(Signed)  '  GEO.  HARRINGTON,  r 

THOMAS  A.  EDISON.  L  'J 

In  presence  of— 

J.  W.  TltEADWELL, 

Ohab.  B.  Hiooinson. 


{Schedule  2.]  ,  ' 

Whereas  I,  Thomas.A.  Edison,  of  tho  city  of  Newark, 
State  of  Now  Jersey,  for  certain  valid  and  valuable  con¬ 
siderations  to  me  in  hand  paid,  and  in  further  considers-’ 
tion  of  certain  covenants  and  stipulations  to  bo  fulfilled  by 
George  Harrington,  of  Washington,  District  of  Columbia, 
did  stipulate  nnd  agree  to  invent  and  construct  for  tho  said 
Harrington  full  nnd  complete  sots  of  instruments  and  ma¬ 
chinery  that  should  successfully  and  economically  dovolop 
into  practical  use  tho  Little  or  other  system  of  automatic 


or  fast  systoin  of  tolcgrnphy,  nnd  subsequently  to  improve 
and  porfcct  such  instruments  nnd  machinery  by  adding 
thoroto,  from  timo  to  time,  such  further  inventions  ns  ox- 
pcrionco  should  demand  nnd'my  ability  ns  an  inventor  nnd 
olcctricinn  might  suggest  nnd  permit;  and  furthermore  to 
prepare  or  cause  to  bo  prepared  tho  necessary  description 
papors,  tho  models  nnd  drawings  requisite  to  obtain  patents 
for  all  such  inventions  nnd  improvements,  tho  said  inven¬ 
tions  and  improvements  to  ho  the  joint  property  of  thesnid 
Harrington  nnd  myself,  nnd  the  patents  to  ho  issued  to  the 
snid  Harrington  nnd  myself  in  tho  proportionate  interest 
of  two-thirds  to  snid  Harrington  nnd  ono-tldrd  to  mysolf; 
tho  wliolo  to  bo  umlor  tho  solo  control  of  saiil  Harrington, 
to  bo  disposed  of  by  him  for  our  mutual  benefit  in  the  pro¬ 
portions  heroinbeforo  recited,  in  such  manner  and  to  such 
extent  ns  ho,  tho  snid  Harrington,  should  deem  advisable, 
with  power  to  sell,  transfer,  and  convoy  tho  wliolo  or  any 
part  of  tho  rights  nnd  titles  in  nnd  to  nny  or  all  of  said  in¬ 
ventions  nnd  improvements,  ns  nlso  of  tho  patent  or  other 
rights  arising  therefrom.  And  tho  said  Harrington  having 
faithfully  fulfilled  nil  of  the  covenants  and  stipulations 
ontcrcd  by  him ; 

Now,  therefore,  bo  it  known  that,  in  consideration 
thereof  and  of  tho  sum  of  one  dollar  to  me  in  hand  paid,  I, 
Thomas  A.  Edison,  of  tho  city  of  Newark,  Stnto  of  New 
Jcrsoy,  do,  by  these  presents,  hereby  assign,  set  over,  nnd 
convoy  to  him,  tho  snid  Harrington,  two-thirds  in  interest 
of  all  my  snid  inventions,  including  therein  all  my  inven¬ 
tions  of  mechnnicnl  or  copying  printers,  nnd  of  all  tho 
patents  for  all  sncli  inventions  and  printers,  whothor 
nlrcndy  issued,  npplied  for,  or  to  bo  hereafter  applied  for, 
and  of  all  nnd  whatsoever  of  my  Inventions  nnd  improve¬ 
ments  made  or  to  bo  mndc,  nnd  of  all  tho  patents  that  may 
bo  issued  therefor,  that  nro  or  may  bo  applicable  to  auto¬ 
matic  tolcgrnphy  or  mechnnicnl  printers. 

And  whorons  Inin  desirous  of  obtaining  tho  co-operation 
and  assistnneo  of  tho  snid  George  Harrington  in  disposing 
of  my  snid  one-third  interest,  as  boforo  recited,  nnd  for  tho 


purpose  of  united  and  harmonious  action  in  negotiating  for 
its  uso  or  its  snlo  and  transfer  by  or  to  others  in  conjunction 
with  ids  own,  and  in  such  freo  and  unrestricted  manner  as 
will  tend  to  success,  and  for  the  sum  of  one  dollar  to  mo  in 
hand  paid,  the  receipt  whereof  is  hereby  acknowledged, 
Now,  therefore,  bo  it  known  that  I,  Thomas  A.  Edison,  of 
the  city  of  Newark,  State  of  Now  Jorsoy,  hnvo  constituted 
and  appointed,  and  by  those  presents  do  constitute  and  ap¬ 
point,  George  Harrington,-  of  the  city  of  Washington, 
District  of  Columbia,  my  true  and  lawful  and  only  attor¬ 
ney,  irrevocable,  with  power  to  substitute  for  mo  and  in 
my  name,  and  in  such  manner  ns  ho  may  think  best,  to 
soli,  transfer,  and  convoy  all  of  my  rights,  titles,  and  in¬ 
terest  in  and  to  any  and  all  of.my  snid  inventions,  and  the 
improvements  thereto,  whether  mndo  or  to  bo  mndc,  nnd  to 
sell,  transfer,  nnd  convey  all  of  my  rights,  by  patent  or 
otherwise,  arising  therefrom  already  mndo  nnd  obtained, 
nnd  all  such  ns  may  hereafter  bo  made  or  obtnined,  and  to 
cxecuto  in  full  any  or  all  the  necessary  papers  mid  docu¬ 
ments  requisite  for  the  transfer  of  title,  and  to  invest  in 
other  parties  full  and  legal  ownership  therein,  hereby 
divesting  myself  of  and  investing  him,  the  snid  Harring¬ 
ton,  witli  all  the  powers  necessary  in  tho  promises,  fully 
and  completely,  to  carry  out  tho  purposes  and  intentions 
herein  sot  forth,  hereby  fully  confirming  all  that  my  said 
attorney  may  or  shall  do  in  the  promises  as  fully  ns  if  done 
by  me  in  person,  and  requesting  the  Commissioner  of 
Patents  to  recognize  him  ns  such  nttornoy. 

In  witness  whereof  I  have  hereunto  sot  iny  hand  and 
affixed  my  seal,  in  the  city -of  Newark,  this  4th  day  of 
April,  1871. 

T.  A.  EDISON,  [t.  s.] 

In  presence  of— 

A.  D.  Coburn, 

A.  B.  Oandee. 


[Schedule  8.] 


This  memorandum  of  an  ngreomont  made  tho  ninth 
day  of  July,  1874,  by  nnd  between  Thomas  A.  Edison  nnd 
George  B.  Prescott,  witnosseth : 

Whereas  tho  6nid  Edison  nnd  Prescott  nro  tho  joint  in- 
rontors  of  certain  improvements  in  telegraphic  apparatus 
desuribed  ns  magnetic  duplex  apparatus,  being  tho  inven¬ 
tion  nnd  improvements  moro  particularly  described  here¬ 
after,  for  which  invention  tlioy  nro  about  to  apply  for  let¬ 
ters  pntont  .of  tho  United  Stntes,  to  bo  issued  to  them 
jointly. 

And  wliorcns  it  is  desired  by  both  parties  to  enter  into 
certain  engagements- with  cneli  other  as  to  their  respective 
interests  in  such  patent,  and  in  tho  uso  nnd  benefit  thereof. 

Now,  in  consideration  of  ono  dollar  to  each  of  snid 
parties  by  tho  other  paid  before  tho  sealing  and  delivery 
hereof,  nnd  tiie  receipt  of  which  is  hereby  by  each  of  them 
acknowledged,  it  is  covenanted  nnd  agreed  by  caeli  of  said 
pnrtios  with  the  other  as  follows : 

lBt.  That  the  improvements  and  invention  of  which  . 
they  nro  the  joint  inventors  and  in  respect  to  which  this 
agreement  is  made  are  all  those  inventions  for  making 
multiple  transmission  of  magnetic  signals  for  uso  in  tele¬ 
graphy  which  are  described  in  twelve  several  specifications 
now  in  the  hands  of  George  M.  Phelps,  for  tho  purpose  ot 
making  models  of  the  machinery  whereby  such  invention 
enn  be  operated,  and  being  all  tho  inventions  ot  said  par¬ 
ties,  whereby,  at  the  samo  timo  and  on  the  same  wire,  one 
message  may  be  sent  in  one  direction  nnd  one  message  in 
tho  opposite  direction,  or  two  messages  at  once  in  the  samo 
direction,  or  at  the  samo  timo  and  on  the  samo  wire  two 
messages  may  bo  sont  in  one  direction  nnd  two  messages  m 
the  opposite  direction. 


• , -r  ,.'Ui 


2d.  Tlmt  both  of  thorn  shall  Imyo  nn  equal,  undivided 
interest  in  nil  future  improvements  of  either  of  said  inven¬ 
tions  which  may  bo  made  by  either  of  them,  and  that,  if  it 
lie  necessary  in  order  to  secure  such  interests  to  cither,  the 
other  shall  make  an  assignment  and  transfer  of  sncli  in¬ 
terest  to  him  in  duo  form  sufficient  to  vest  such  interest  in 
him,  and  to  entitle  it  to  be  recorded  in  the  United  States 
Patent  Office. 

3d.  That  botli  of  the  parties  shall  have  an  equal,  un¬ 
divided  interest  and  bo  joint  grantees  of  ail  letters  patent 
of  tho  United  States  or  any  foreign  countries  which  may  ho 
granted  for  all  or  any  of  said  inventions,  or  of  nny  future 
improvements  thereof,  and  of  all  extensions  and  reissues  of 
any  such  letters  patent. 

4th.  That  whereas  Edison  lias  heretofore  exponded 
$1,125  for  models  and  patent  fees,  the  benefit  of  which  he 
contributes  to  the  common  interest,  and  waives  reimburse¬ 
ment  of  that  sum,  or  any  part  of  it,  Prescott  hereby  agrees 
to  pay  solely  and  without  contribution  from  Edison  all  the 
future  expunse  and  cost  of  specification,  drawings,  models, 
Patent  Office  Ices,  and  patent  solicitors' and  agents  fees, 
and  all  other  charges  incident  to  the  procuring  of  letters 
patent  for  any  of  said  inventions. 

5th.  That  neither  of  said  parties  will  sell,  assign,  or 
otherwise  dispose  of  the  whole  or  any  part  of  his  interest  in 
said  inventions  or  lettors  patent  therefor,  or  any  of  them, 
without  the  written  consent  thereto  first  obtained  of  the 
other  party. 

Oth.  That  neither  of  said  parties  will  liimsolf  manu¬ 
facture,  use,  or  sell,  nor  grant  licenses,  or  tho  right  in  any 
way  to  any  other  party  to  limn iitiict lire,  use,  or  sell  any  of 
the  said  inventions,  or  any  improvements  thcruof,  or  nuy 
machine  embodying  or  articlo  containing  nny  of  said  inven¬ 
tions  or  improvements,  or  protected  by  any  of  said  letters 
patent  without  the  written  consent  first  obtained  of  tho 
other  party. 

7th.  No  sale  of  any  of  tho  said  inventions  mid  no 
license  or  right  to  mnko  or  use  tho  same  iu  any  way  shall  bo 


insde  or  given  except  at  a  price  to  which  both  pnrties  ngroo, 
and  all  net  profits  shall  bo  equally  divided  between  tho  par¬ 
ties  hereto. 

8th.  Tim  covenants  and  provisos  of  this  agreement 
binding  either  of  the  parties  hereto  simll  also  bind  his  ex¬ 
ecutors,  administrators, -and  assigns. 

In  witness  wheroof  tho  said  pnrties  liavo  hereunto 
sot  their  hands  and  seals  tho  day  mid  year  first  above 

THOMAS  A.  EDISON,  |>  «•] 
GEORGE  B.  PRESCOTT,  [l.  s.] 

Sonled  and  delivered  in  presence  of — 

R.  II.  Rochester. 

County  of  New  York,  *s.  : 

On  this  ninth  day  of  July,  in  the  year  one  thousand 
eight  hundred  mid  sovcnty-foiir,  before  me,  personally 
,  came  Thomas  A.  Edison  and  George  B.  Prescott,  to  mo 
known  to  be  the  individuals  described  in  and  who  executed 
the  foregoing  instrument,  and  severally  acknowledged  that 
thoy  executed  the  same  for  the  purposes  therein  men- 
v  tioned. 

R.  H.  ROCHESTER, 
Notary  Piiblio ,  New  York  oily. 


V? 


i 


RULES  OF  PRACTICE 


UNITED  STATES  PATENT  OFFICE. 


SEPTEMBER,  1875. 


RULES  OF  PRACTICE 


UNITED  STATES  PATENT  0FF.ICE 


United  States  Patent  Office, 

September  1.  1875. 

!  following  information  and  regulations,  designed  to 
strict  accordance  with  the  revised,  consolidated,  and 
ilcd  law  relating  to  patents  for  inventions  and  designs, 
>  trade-marks,  are  published  for  gratuitous  distribution, 
•ious  forms,  to  which  inventors  and  attorneys  are 
intended  to  conform  as  nearly  ns  possible,  will  be  found 

nted  copies  of  the  revised  and  amended  law  may  also 
tained  by  applying  to  the  Patont  Ollice. 

WHO  MAY  OBTAIN  A  PATENT. 


:  If  otherwise,  a  letter  should  accompany  end, 
to  what  application  it  belongs,  and  giving  the  2’,?*' 

arassasssoarS  ' 

8.  The  application  and  oath  must  bo  made  by  the  actual  Ml.  .. 

;r0r;,aIV°-T"  if  0,0  «"«»  is  t0  «■£>  toanaJttlri^ 

“Lt  o'tl  '0  ;UVl'“t0l'i8  llea,,■ t*10 application  and  * 
oath  must  bo  mado  by  his  executor  or  administrator. 

9.  The  application  must  bo  in  writing,  in  the  English  or, i„  , 
language,  and  addressed  to  the  Commissioner  of  Patents  ”S“P' 
Tho  petition  and  specillcation  must  bo  separately  signed  by 

tho  applicant.  Tho  spceiBcation,  claims,  and  all  ameneb 
?ac"ts  must  bo  written  in  a  fair,  legible  hand,  otherwi  e, 
bo  Office  may  require  them  to  be  printed  ;  and  all  inter! 
liueutions  or  erasures  should  bo  clearly  marked  iu  a  mar¬ 
ginal  or  foot  note  written  on  the  same  sheet  of  paper.  All 
.  tho  papers  constituting  tho  application  should  bo  attached 
together.  Legul-cap  paper  is  deemed  preferable,  and  a 
wide  margin  should  always  bo  left  upon  tho  left-hand  side 
of  tho  page. 

10.  Tho  applicant,  if  the  inventor,  must  make  oath  or  af-  oaih  M,i  ]u 
itraiution  that  lio  does  verily  believe  himself  to  bo  tlio”“tu™-' 
original  and  ilrst  inventor  or  discovererof  tho  art,  machine, 
manufacture,  composition,- or  improvement  for  which  ho 
solicits  a  patent;  thuthodoes  not  know  and  does  not  bc- 
liovo  that  tho  sumo  was  ever  before  known  or  used ;  mid 
shall  state  of  wliut  country  ho  is  a  citizen,  and  of  what  a 
resident.  If  tho  application  bo  mado  by  an  executor  or 
administrator,  tho  form  of  tho  oatli  will  bo  correspondingly 
clinugcd.  Tho  oath  or  affirmation  may  bo  mado  beforonny 
poison  within  tho  United  States,  authorized  by  law  to  ad¬ 
minister  oaths,  or,  when  tho  applicant  resides  in  n  foreign  ' 
country,  boforo  any  minister,  churgtS  d'affaires,  consul,  or 
commercial  ugent,  holding  commission  under  tho  Govern- 
incut  of  tho  United  States,  orboforo  any  notary  publio  of 
tho  foreigu  country  iu  which  tho  applicant  may  bo,  tho  onth 
whig  attested  in  all  cases,  in  this  and  othor  countries,  by 
tho  proper  officiul  seal  of  such  notary. 


tious ;  nor  does  tho  foot  that  one  man  furnishes  tho  capital 
nml  tho  otlior  makes  tho  invention  entitle  them  to  tuko  out 
a  joint  pntout. 

wimt  Kill  bu  A  l)lltont  wi“  not  *JO  granted  to  an  applicant  if  what 
ho  claims  ns  now  has  been,  bol'oro  his  invention,  patented 
or  described  in  any  printed  publication  iu  this  or  any  for- 
oign  country,  or  boon  invented  or  discovered  iu  this  country 
nor  if  ho  has  ouco  abandoned  his  invention,  nor  if  it  has  been 
iu  publio  uso  or  on  sale  more  than  two  years  previous  to  Ids 
application. 

wile,  loiowi.  B-  If  't  appears  that  tho  iuvontor,  at  tho  tiino  of  making 
Sbrawi'hu  fir!1  llia  application,  boliovos  liiiusolf  to  be  tho  ilrst  inventor  or 
discoverer,  a  patent  will  not  bo  refused  on  account  of  tho 
invention  or  discovory,  or  any  part  thereof,  having  been 
known  or  used  in  any  foreign  country  before  his  invention 
or  discovery  thereof,  it  not  appearing  that  tho  samo,  or  any 
substantial  part  thereof,  hud  beforo  been  patented  or  de¬ 
scribed  in  any  printed  publication. 

0.  Merely  conceiving  tho  idea  of  an  improvement  or  uia- 
ohiuo  is  not  an  « invention  ”  or  “  discovory."  Tho  invention 
must  have  been  reduced  to  a  practical  form,  either  by  tho 
construction  of  tho  maehino  itself,  or  of  n  model  thereof  or 
by  making  a  drawing  of  it,  or  by  such  disclosure  of’ its 
exact  character  that  a  mechanic,  or  one  skilled  iu  tho  art  to 
which  it  relates,  can  and  does,  from  tho  description  given, 
construct  tho  improvement,  or  a  model  thereof,  beforo  it 
will  prevent  a  subsequent  inventor  from  obtaining  u  patont. 

MODE  OF  PBOCEEDINO  TO  OBTAIN  A  PATENT. 


]&•  ,7,  ¥°  BPl,I|eation  for  a  patont  can  bo  placed  upou  iho 
flies  ior  examination  until  tho  fee  is  paid,  tho  specillcation 
and  tho  petition  and  oath  are  tiled,  and  tho  drawings  mid  a 
model  or  specimens  (when  required)  are  furnished.  Tho 
application  must  bo  completed  and  prepared  for  exainina- 
bon  within  two  years  after  thoilliug  of  tho  petition ;  mid, 
l  "!  ,,  ™11  or  11110,1  f,,lluro  of  tho  applicant  to 
prosecuto  the  sauio  within  two  years  after  any  action  them- 
°f  ,'jbicU  uoHeo  shall  havo  been  mailed  to  him  or  his 
ra  rcear(lodas  abandoned,  unless  it  bo  shown, 

lwoi“  n  th000UU1'iS3i0"er,  that  such  delay  was 

tk,U,t  emr»thi"!>  Pessary  to  malto  tho  applica¬ 
tion  complete  should  be  deposited  in  the  Offlco  at  tho  samo  time. 


,  ”  01  0lai,"S»  not  substantially  embraced  in  ll, 

original  affidavit,  ho  will  bo  roQuirod  to  file  a  supplement 
onth  relative  to  tho  invention  ns  covered  by  snob  n»w 
enlarged  claim  orclninis;  mid  snob  supplemental  oath  inns 
bo  upon  tho  sumo  pnpor  which  contains  tho  proposed  nmoiiil 


12.  Tho  specification  isnwritten  description  of  tho  inven 
tion  or  discovery,  mid  of  tho  mnnnor  and  process  of  nink 
ng,  constructing,  compounding,  and  using  tho  same,  and 
is  required  to  bo  in  such  full,  cloar,  coneiso,  anil  exact  terms 


a  to  tuo  different 
invention  for  wh 
nciplo  thereof  nud 
ooutouiplated  mini 


1  claim  of  tho  pending  application  to  whichever  inven- 
u  ho  may  elect;  tho  other  inventions  may  bo  nmdo  tho 
ijoct  of  sepurnto  applications. 

.7.  Tho  specification  must  bo  signed  by  tho  inventor,  or 
his  executor  or  administrator,  and  must  bo  attested  bv 
.  witnesses.  Full  names  must  bo  given,  and  all  names, 
Mer  of  applicants  or  witnesses,  mast  bo  legibly  written. 


8.  Tho  applicant  for  n  patent  is  required  bv  law  to  fur- 
ii  u  drawing  of  his  invention,  where  tho  imturo  of  tho1 
o  admits  of  it. 

9.  Three  several  editions  of  patent  drawings  nro  printed 
published ;  one  for  Ofllco  use,  certified  copies,  &c.,  ofl 
size  aud  character  of  those' attached  to  patents,  tho 
k  being  about  0  by  !M  inches;  ouo  reduced  to  half  that 
e,  or  one-fourth  tho  surface,  of  which  four  will  bo  printed 
a  pngo  to  illustrato  tho  volumes  distributed  to  tho 

rts,  &c.  ;and  one  reduction — to  about  tho  same  scale _ of 

lcctcd  portion  of  each  drawing,  to  illustrato  tho  Official 
cttc. 

his  work  will  all  bo  done  by  tho  photo-lithogmphio  or 
:r  analogous  process,  and  in  coiisequcuco  tho  character0 
mb  original  drawing  must  bo  brought  ns  nearly  ns  pos- 
i  to  a  uniform  standnrd  of  excellence,  suited  to  the  rc- 
etnents  of  tho  process,  and  calculated  to  give  the  best 
Its,  in  tho  interests  of  inventors,  of  tho  Offico,  and  of 
public  generally.  Tho  following  rules  will  therefore  bo 
lly  enforced,  and  nny  departure  from  them  will  bo  cer- 
to^auso  delay  in  the  examination  of  an  application  for 
rs  patent. 

a.  Drawings  should  bo  mndo  upon  paper  stiff  enough 
to  stand  iu  tho  portfolios,  tho  surface  of  which  must  be  jj 
calendered  nud  smooth.  “Two-sheet”  bristol-bonrd, 
or  sheets  cut  from  Whatman’s  hot-pressed  drawing- 
paper,  “antiquarian”  size,  nro  recommended. 

Indian  ink  of  good  quality,  to  tho  exclusion  of  all 
other  kinds  of  ink  or  color,  must  bo omploycd,  to  secure 
perfectly  black  and  solid  work. 


tlio  “  sight »  precisely  8  by  13  inches.  Within  this  mnr- 
gin  nil  work  nml  signatures  mnst  bo  included.  One  of 
tho  smaller  sides  of  tho  shcot  is  regarded  as  its  top,  and, 
measuring  downward  from  tho  marginal  lino,  a  spacoof 
not  less  than  1J  inch  is  to  bo  loft  blank  for  tho  inser¬ 
tion  of  title,  namo,  number,  and  date.  Tho  signatures 
will  bo  placed  in  a  space  loft  at  tho  bottom  of  tho  sbeot. 

c.  All  drawings  must  bo  made  with  tho  pen  only, 
using  tho  blackest  Indian  ink.  Every  lino  and  lottor, 
(signatures  included)  mnst  bo  absolutely  black.  This 
direction  applies  to  all  lines,  liowovor  flue,  to  shading, 
and  to  lines  representing  cut  surfaces  in  sectional  views. 
All  lines  must  bo  olonn,  sharp,  and  solid,  and  they  must 
not  bo  too  lino  or  crowded.  Snrfnco  shading,  when 
used,  should  boleftvcryopen.  Sectional  shading shonld 
bo  by  obliquo  parallel  lines,  which  may  be  about  one- 
twentieth  of  an  inch  npnrt.  Tho  usual  reduction  will 
bring  them  to  about  ono-sixticth  of  an  inch  distance. 

d.  Drawings- should  bo  made  with  tho  lowest  lines 
possiblo  consistent  with  clearness.  By  observing  this 
ralo  'tho  effectiveness  of  tho  work  nftor  reduction  will 
bo  much  increased.  Shading  (except  on  Boctionnl 

•  viows)  should  be  used  only  on  convox  and  concnvo  sur¬ 
faces,  whore  it  should  bo  used  sparingly,  and  mny  oven 
there  bo  dispensed  with  if  tho  drawing  is  otlicrwiso  well 
executed.  Tho  plane  upon  which  n  sectional  view  is 
taken  should  bo  indicated  on  the  general  view  by  a 
broken  or  dotted  lino.  Heavy  lines  on  tho  shudo  sides 
of  objects  should  bo  used,  except  where  they  tend  to 
thicken  tho  work  and  obscure  letters  of  reference.  The 
light  is  always  supposed  to  como  from  the  upper  left- 
hand  corner,  at  an  angle  of  forty-lira  degrees. 

Imitations  of  wood  or  surface-graining  must  novel- 
bo  attempted. 

c.  Tho  scale  to  which  a  drawing  is  mndo  ought  to  bo 
largo  enough  to  show  tho  mechanism  without  crowding, 
and  two  or  more  sheets  should  bo  used  ir  ono  docs  not 
give  sufficient  room  to  accomplish  this  end;  but  the 
number  of  shoots  must  never  bo  increased  unless  it  is 
absolutely  necessary.  On  tho  othor  hnnd,  when  an  in¬ 
vention  is  simple  and  easily  understood,  it  should  be 
shown  on  a  small  scale,  and  unnecessary  space  should 
not  bo  occupied,  oven  on  a  single  sheet. 

It  often  happens  that  an  invoution,  although  consti¬ 
tuting  but  n  small  part  of  n  machine,  has  yot  to  bo 


7 

represented  in  connection  with  other  and  much  larger 
parts.  In  such  eases  a  general  view  on  n  small  scnlo  is 
rccommouded,  with  ono  or  more  of  tho  invention  itself 
on  a  mncli  larger  scale. 


/.  Lottors  of  roforonco  mnst  bo  woll  and  carefully  „f. 

formed ;  they  are  of  tho  first  importance.  When  at  all 
possiblo,  no  lottor  of  reference  should  measure  less  than 
ono-cighth  of  an  inch  in  height,  that  it  may  boar  reduc¬ 
tion  to  one-twonty-fonrth  of  an  inch,  and  tlioy  may  bo 
much  larger  when  there  is  sufficient  room. 

Bcforenco  letters  must  bo  so  plneed  in  thocloso  and  ■'V-esSS 
complex  parts  of  drawings  ns  not  to  interfere  with  a 
thorough  comprehension  of  tho  same,  and  to  this  end 
should  rarely  cross  or  mingle  with  tho  lines.  When 
necessarily  grouped  around  a  certain  part,  they  shonld  Hf 

bo  placed  at  a  little  distance,  where  there  is  available  HT 

space,  and  connected  by  short  broken  linos  with  tho  H 

parts  to  which  tlioy  refer.  Tlioy  must  novor  appear  H 

upon  shaded  surfaces,  and,  when  it  is  difficult  hvavoid  HI 

this,  a  blank  spaco  must  bo  left  in  tho  shading  where  HI 

tho  letter  occurs,  so  that  it  shall  npponr  purlbctly  dis-  HI 

tini-.t  nml  ocpnrnto  ft-om  tlio  work.  ■ 

If  tho  same  part  of  an  invention  appears  in  more  M 
than  ono  figure,  it  should  always  bo  represented  by 
tho  same  letter.  Jj 

When  it  is  necessary  to  turn  a  drawing  upon  its  side 
in  reading  n  certain  figure,  its  number  and  roforonco 
-letters  should  bo  mndo  to  correspond,  and  should  bo  so 
placed  thnt  the  sheet  will  bo  turned  to  tho  right. 

g.  Tlio  signature  of  tho  inventor  is  to  bo  plneed  nt^  stature,  and 
the  lower  right-lmnd  corner  of  tlio  sheet,  and  tlio  sigun- 1  a 
tares  of  the  witnesses  ut  tho  lower  left-hand  corner, 
all  within  the  marginal  line.  (Seo  specimen  shcot.)  Tlio 
title  should  bo  written  with  pencil  on  tho  back  of  tlio 
sheet.  Tho  permanent  nnincs  mid  title  will  bo  supplied 
subsequently  by  the  Offico  in  uniform  stylo. 

When  figures  are  larger  than  tho  width  of  tho  shoot, 

Jho  latter  is  turned  on  its  side,  anil  tho  spneo  for  head¬ 
ing  will  bo  left  at  tho  right,  and  thnt  for  tlio  signatures 
at  tho  left,  occupying  tho  sarao  spneo  and  position  ns  in 
tho  upright  subjects,  so  thnt  tho  bending  and  names 
’  will  road  right  when  tho  drawing  is  hold  in  an  upright 
position. 


tiou  of  a  figure  with  express  roloronce  to  tuo  unzette, 
but  which  might,  ut  the  suuie  time,  net  us  oue  of  tho 
figures  referred  to  in  tho  specification.  For  this  pur¬ 
pose,  tho  figure  may  be  a  plan,  elevation,  scotion,  or 
perspective  view,  according  to  tho  judgment  of  tho 
draughtsman.  It  must  not  cover  a  space  oxcecdiug 
sixteen  square  inches.  All  its  parts  should  be  espe¬ 
cially  open  and  distinct,  witli  very  little  or  no  shading, 
and  it  must  illustrate  tho  invention  claimed  only,  to 
tho  exclusion  of  all  other  details.  (See  Fig.  I,  opposite 
page  42.)  When  well  executed,  it  will  bo  nsed  without 
curtailment  or  change;  but  any  attempt  ut  oxccssivo 
■  fiueuoss,  crowding,  or  unnecessary  elaborateness  of  de¬ 
tail,  will  iusuro  its  rejection  for  Gazette  purposes. 

i.  Drawings  should  bo  rolled  for  transmission  to  tho 
Office,  not  folded.  • 

No  agent’s  nor  "attoiney’o  otamp,  nor  any  written 
address,  will  bo  permitted  upon  tho  face  of  a  drawing 
within  or  without  tho  marginal  line. 

These  rules  do  not  apply  to  drawings  for  designs  nud 
trade-marks,  as  the  Oflice  does  not  duplicate  these. 
(See  ltules  for  Designs  aud  Trade-Marks.) 


Id  applications  upon  dcsigus.  It  must  clearly  exhibit  every 
feature  of  tho  muchino  which  forum  tho  subject  of  a  claim 
of  invention,  but  should  not  include  other  matter  tbuu  that 
covered  by  tlio  actual  invention  or  improvement,  unless  it 
is  necessary  to  tho  exhibition  of  a  working  model.  When 
the  invention  is  a  composition  of  matter,  a  specimen  of  each 
of  tho  ingredients  and  of  the  composition,  properly  marked, 
must  accompany  tho  application. 

05.  ti,o  model  must  bo  neatly  and  substantially  mado  of 
durable  material,  metal  being  deemed  preferable;  and 
should  not  in  auy  case  bo  more  than  one  foot  in  length, 
width  or  height.  If  made  of  pine  or  other  solt  wood,  it 
should  bo  painted,  stained,  or  varnished.  Glue  must  not 
bo  used,  but  tho  parts  should  ho  so  connected  ns  to  resist 
tho  notion  of  heat  or  moisture. 

■>(1.  A  working  model  is  always  desirablo,  in  order  to  on 
able  tho  Ofilco  fully  and  readily  to  u.  1  l  1  tl  t 

operation  of  tho  machine.  .  , 

27  Tho  model,  unless  it  is  deemed  necessary  that  it  b< 
preserved  in  tho  Oflice,  or  unless  it  bo  otherwise  dispose! 
of,  may  bo  returned  to  tho  applicant  upon  demand,  and  a 
his  expense,  in  all  cases  where  an  application  has  boon  re 
jeeted  inoro  than  two  yenrs;  and  tho  model,  in  any  pend  1 
Sof  less  than  two  years’  standing,  may  be  returned  t 
tho  applicant  upon  tho  flliug  of  a  formal  abandonment  0 
tho  application,  siguod  by  applicant  in  porson. 

28  -Models  filed  ns  exhibits,  in  interference  and  othc 
cases,  may  bo  returned  to  tho  applicant  or  otherwise  du 
posed  of  at  tho  discretion  of  tho  Commissioner. 

THE  EXAMINATION. 


tions  to  tlio  nbovo  rulo  in  rotation  to  tbo  order  of  oxann. 

'  nation.  If  an  application  is  found  to  conflict  with  a  envent, 
its  examination  will  ho  suspended  ns  hereinafter  provided. 

Tho  first  stop  in  tlio  cxnmiuntion  of  any  application  will  ho 
to  determine  whothor  it  is,  in  all  respects,  in  proper  form. 
If,  liowovor,  an  objection'  ns  to  form  is  not  vital,  tlio  exam¬ 
iner  may  proceed  to  the  consideration  of  the  application  on 
its  merits;  but  in  such  case  lie  must,  in  his  first  letter  to 
applicant,  state  all  his  objections,  whether  formal  or  other¬ 
wise. 

inf  30.  Tlio  personal  attendance  of  tlio  applicant  at  tlio  Patent- 
"“'Oflleo  is  unnecessary.  The  business  can  bo  dono  by  cor¬ 
respondence  or  by  attorney ;  and  if  there  has  been  an  assign¬ 
ment  of  the  whole  or  of  an  undivided  part  of  the  invention, 
the  assiguoo,  or,  in  the  latter  ense,  the  assignee  and  the 
inventor  jointly,  will  bo  recognized  as  the  proper  party  to 
prosecute  tlio  application. 

ltd,  31.  Tbo  applicant  has  a  right  to  amend  after  tlio  flrst  rc- 
"">1jection;  and  ho  may  amend  as  often  as  the  examiner  pre¬ 
sents  any  now  references.  After  a  second  rejection,  and  at 


to  time  of  the  fllin 
i  this  can  only  bo  n 
volition  docs. not  ni 
nt  of  the  specillcii 
f  to  tlio  Ooimnissi 


«rcrv  case  of  amendment  tlio  exact  worn  orwoum  w 
stricken  out  or  inBortcd  should  bo  clearly  specified,  and 
the  precise  point  indicated  wlioro  tho  erasure  or  insertion 
is  to  bo  made. 

o-i  whenovor,  on  examination,  any  claim  for  a  patent  is 
mlcotcd  for  any  reason  whntovor,  the  applicant  will  bo 
Scd  thereof,  and  the  reasons  for  such  rejection  will  bo 
-ivon,  togothor  with  such  information  and  references  as 
my  bo  useful  in  judging  of  tlio  propriety  or 
hi  supplication  or  of  nltcring  his  specification;  and  if,  nfte 
Lining  such  notice,  ho  shall  persist  in  his  claim  for 
patent,  with  or  without  altering  his  specification,  tlio  ensi 
rill  ho  ro-oxntnincd. 

11  Unon  the  rejection  of  an  application  for  wnnt  c 
,0T0lty,Pthe  examiner  must  cite  the  best  references 
,is  command,  and  the  applicant  will, ‘f  * nll 
he  entitled  to  a  specific  rcforonco  (by  na.no,  dato,  a 
riass,or  tho  equivalent  thereon  to  tlio  article  ornrticl 
by  which  it  is  anticipated.  If  ho  desires  a  copy  of  tl 
so  referred  to.  or  of  tho  plates  or  drawings  co 
nested  with  them,  they  will  ho  fonvartM  to  um,  iHr. 
possession  or  tho  Ofiicc,  on  payment  of  tlio  cost 
sncli  copies. 

35.  When  the  rejection ,  of  an 


35.  WllCll  tlio  ri-jL-u,... . .  . 

another  enso  previously  rejected 

abandoned,  tlio  applicant  will  hi 


but  not  withdrawn 
furnished  with  all  infi 


(l,  tho  applicant  will  l>c  niro 
relation  to  tlio  provion  lj  rejeci ted  '  t 


necessary  for  tho  proper  nnderstan 

his  own.  But  this  rule  does  not 

pending  applications  ns  references. 

30.  Tho  specification,  especially  if  the  <'l',1”1“ 
must  hi  amended  and  revised,  if  required  *  **«*m». 
for  tlio  purpose  0r  correcting  corr(!9pomlci 

or  unnecessary  prolixity,  a  of  tlm  invent 

between  tlio  statement  «nl1  ”  or  „f  gn 


siy-rejccwu  - . . 

ndiug  and  management 
b  authorize  tbo  citation 


12 


DATE  OP  PATENT. 


fo°  1,1,8  been  l>ni(l  to  the  Treasurer  or  le  i,  .  tl,u 
\  7  •JejiBuatod  de^itariT  of'tC 

/  th«  rim  ‘S’.0*0  eertWcat“  of  deposit)  bo  not  rccoivcd  at 

g  plication,  as  hereinafter  provided.  *  10W  ,lp‘ 

A  patent  will  not  bo  antedated. 

WITHDRAWN  AND  REJECTED  APPXICATIONS 

*" "  "p  rrJ^cd 

oTc^'actir^r^dle^o^or  «**<*£& 

rart:jt  rsi^^r^r  "*-**■  *» 

regarded  as  eonstitati’ng  » tno!™!  °  U,°Ut,°,,ed’  *D1  b“ 

* ■ 

action  tbcrcoa,  it  must  bo  shown  to  V  ^’C“ra  a,ler  a,,J' 
Commissioner  that  such  delay  was  uaJ^S^"  ^  ^ 

appeals. 

CW°''  a,,y  of  thodS’S1 whfcMmlo" twice1" “to  tal,e|0f  Opat0n4 
appeal  from  the  decision  of  tko  7  b  °“  reJcctcd>  “ay 

must  bo  filed,  slgucd  by  the  partv^Tld  P0ti?0,‘in  writi"S 

uStunrit  ®*1®  Statement  Of  tlin  rnnn  ...s', 

'  distinctly  and  speci"  ••  nl,pcal  sl,<mld  l,oil|t  out 

-  supposed  errors  of  tho  ox- 


amincr’s  notion,  and  should  const!!. ,,  fl 

met  upon  which  tho  applienn  '  elv  h,  °f  “*  nrgl"  '  U 
appeal.  Before  tho  appeal  is  outer  lined  ?,"1,port  °f  bis  U 

statement  will  bo  submitted  to  tZ  br ‘'“board,  this  |f 

will  make  nnswerinwritingtouehiiii  n«r}  OJ!nminori  "']l°  tJ  '' 

tlioroin.  8  touol,i,,ff  all  tho  points  involved  U  .  J 

'  If  tho  appollnnt  desires  to  bn  i„„,  ^@8 

boanl,  bo  should  so  indicate  wlionhn°mn  y  boforo  1,10 
of  hearing  will  then  bo  flxed  nnrt  dlli  '‘l?  np,)unI  i  ■  d«.v 
bo  given  him.  s«'l,  and  duo  notice  of  the  same 

'A3.  Tho  oxaminors-in. chief  will  consider  ti 
when  last  passed  upon  by  tho 2,m.  tI,00!,80nsit™s 
revising  ids  decisions  so  lim  ns  mv  wf  J’  "01'’"’010'!’ 
appellant.  If,  however,  thoydiscSr  oZc'nlnltV"0 
by  tho  examiner,  why  a  patent  sl,n„i,i  „  ?•  "ot  glvea 
aiako  a  statement  to  tlttU;  effect  to  the T183'!*’11 1 should 

If  affidavits  are  ™™i..  !  10  Con,lm8aio,,®r. 

lias  been  npponled,  tho  appllMtion  will'l  ^  0ft8r  tbo  case 
“"minor  for  reconsideration.  °  romn,u,od  to  tbo 

>iiiiiHy  fficdl1  or."^ ainen^c™inC "“nmtttwof <?ni"IS  ns  or'g‘ too™,3",l,0‘ 

.  ;«.o  amonded  claims;  and  „Ythe  ,n8  ^  7°°’  npon 
upon  and  all  proliminarv  anil  !  USfc  bo  Imssed 

be^cttled  before  tho  ease  is  appealed  to  ^e  ZHt”  mUSt 

p™“o7™S'Zc T"  1,rCli'ni,mry  01  “tora.ediato/rr.fra„F, 

L„  7,"  n  -  f  "ct> onco  wpoated,  will  bo  ro-ovnni-  Ef««EJr  v°m' 
ta’soUin,?  ST*  inperson>  ‘",0"  written  applies- 
rreto  b  h7“  J  :igr0nm,S  °f  U“  a»P«»'.  and  aimwer 
of  this  class  no  ZZZ^l 

Jn\  ^  Wbicb  ,lavo  bcon  '“aril  and  decided  on  appeal  ,,,  , 

■  ,  '0  b!f7,,e',Cd  ¥  «.o  examiner  without  ita  S  ^' 
l  Commissioner;  and  cases  which  have  been 

ibem  l^nt  M7miere  i,1C"iflf  wi"  ,,ot  be  reheard  by 
“em,  except  upon  tho  snino  authority, 
unses  which  have,  been  deliberately  decided  by  one  Com- 

«S  state  or  f0ttb°  T"9idcrc<1  * l,is  upon  tho 

occordanne  T  ,0y  ,n"y’ l,owovor,  bo  rcoponed  in 

primes  wind,  govern  th0 

O^nt'i!  0n8¥  '7i0b  bnV0  bcon  notc(1  0,‘-  by  tho  board  a,.„.-.i.  ,„ra 
a- .wainhiers-m-ohiof  may  bo  brought  beforo  tho  Coiiimis."f  r',“’r"“" 
in  porson,  upon  a  writton  request  to  that  ofleot, 


14 


>u-  47.  From  au  adverse  decision  upon  tlio  claims  of  ail  nppli. 
'cation  au  appeal  may  bo  taken  to  tlio  Supremo  Court  of  tlio 
District  of  Columbia  sitting  fa  banc.  In  taking  such  ap¬ 
peals  the  applicant  is  required,  uuder  tbo  rules  of  tbe  court, 
to  pay  to  tlio  clerk  of  tlio  court  a  dockot-feo  of  ten  dollars, 
mid  bo  is  also  required  by  law  to  lay  boforo  tbo  court  certi¬ 
fied  copies  of  all  tbo  original  papers  and  ovidcuco  in  tlio 
ease.  Tlio  petition  should  bo  filed  nud  tbo  fco  paid  at  least 
ten  days  boforo  tlio  commcneemcut  of  tbo  term  of  court  at 
wbicb  tbo  appeal  is  to  bo  beard. 

Immediately  upon  taking  an  appeal  tlio  appellant  must 
give  uotieo  thereof  to  tbo  Commissioner  of  Patents,  and  filo 
in  tbo  Patent-Oflieo  bis  reasons  of  appeal,  specifically  sot 
forth  in  writiug. 

Tbo  docket  for  tbo  trial  of  cases  appealed  from  tbo  dccisiou 
of  tbo  Commissioner  of  Pateuts  will  bo  called  on  tbo  first 
day  of  each  session  of  tbo  supremo  court  of  tlio  Distriut  of 
Columbia  in  general  term.  These  sessions  nro  held  tiirco  in 
each  year,  and  begin  respectively  on  tlio  lint  Monday  iu 
January,  the  third  Monday  in  April,  uml  tlio  foui-tli  Monday 
in  September. 

»  J8-  111  eases  of  interfcreuco  parties  lmvo  tlio  sumo  remedy 
o  by  appeal  to  tbo  examiners-in-chief,  mid  to  tbo  Commis¬ 
sioner,  as  iu'  cx-parte  cuses;  but  no  appeal  lies  iu  such  cases 
from  tbo  decision  of  tbo  Commissioner.  Appeuls  in  inter¬ 
ference  cases  should  bo  accompanied  with  a  briof  statement 
of  tbo  reasons  therefor;  and  both  parlies  will  bo  required 
to  filo  briefs  of  their  arguments  at  least  live  days  beroro  tbo 
day  of  bearing.  Printed  briefs  arc  in  all  eases  preferred. 


40.  All  cases  peudiug  boforo  tbo  Commissioner,  tho  bonrd 
of  exnmiuers  iu-chlcf,  or  tbo  examiner  in  charge  of  interfer¬ 
ences,  will  stand  for  argument  at  12  o’clock  on  tlio  day  of 
bearing,  unless  some  other  hour  bo  specially  designated. 
If  cither  party  iu  a  contested  case,  or  tbo  appelluut  iu  an  ex- 
parte  case,  appears  at  that  time,  ho  will  bo  heard,  but  a  con¬ 
tested  case  will  not  bo  taken  up  for  oral  argument  after  tho 
day  of  bearing,  except  by  consent  of  both  parties,  if  tbo 
engagements  of  tho’ tribunal  before  whom  the  caso  is  pond¬ 
ing  aro  such  as  to  prevent  it  from  being  taken  up  ou  tbo 
day  of  bearing,  a  now  assignment  will  bo  made,  or  tho  caso 


will  bo  continued  from  day  todnv  until  i  ,  „  ' 

wise  ordered  before  tbo  bearing  beginl^m  '  UuIess  otbor- 
bo  limited  to  one  hour  for  each  counsel  nrg"",onta  wiU 
been  urgued,  nothing  further  relatim-  H  Aftur  mi>’  case  bns 
.nnlcss  requested  by  tbo  tribunal  liiWnetbol"11; bcara 
, caso;  and  all  interviews  for  tliis  n.mL  ?ai°'‘  °f  1,10 
interest  or  their  attorneys,  will  bo  luvmTaVdouielb1^ 
MOTIONS  IN  CONTESTED  CASES. 

to  0tst°b 

scn-cd  upon  tho  opposite  party  or  bis  -  tin-  ’  -  bo 

t  INTERFERENCES. 

wu  may  •isob°  ftMta  ■  “io 

|^2^r:sr,ho“,,cscd“b  u° et 

totofcnmeonU  preliminary  «»«,.< 
tho  iam  a  i  ^°.  sottM  ^,0  primary  examiner,  and 
I8a “?  c,ear,3r  Uellucd;  the  invention  which  is  to  form 
aLtr  °f,  ‘I10  t0,,l,0Vt^  ««■»  •»  ilecided  to  bo 
Patentable,  and  tho  claims  of  tlio  respective  parties  must 
fil  nfim  h  i  COnUiti<m  tbat  tbey  will  not  require  altera- 
uou  af  or  tbo  in  erfereiico  lias  been  finally  decided,  unless 

Mcb  clim'igo^  'CCtl  Ul’°U  U,°  triaI  “botlU1  UOCL‘3s'(ato 
’  1"  "'ill  bo  declared  in  tbo  folio  wiug<cases : 

JW®  conflict  in  wholo  or  in  part. 

two  or  moru  applications  nro  pending  at 
iao  emuo  tmio,  in  euch  of  which  a  like  patentable  invention 
*ZT  ?r,  described,  mid  clafiued  iu  ono  though  not  spe- 

f^ly  claimed  iu  an  of  them. 

>»:.  >ri*'  n"  applicant,  having  been  rejected  upou  an 


umpired  patent,  claims  to  lmvo  rondo  tho  invention  before 
tlio  patentee. 

02.  Tho  fact  that  one  of  tho  parties  has  already  obtained 
a  patent  will  not  provont  an  intorforenco;  for,  although  tho 
Uoininissionor  has  no  power  to  caneol  a  patent  already 
ssued,  ho  may,  if  ho  finds  that  another  person  was  tho 
)rior  invontor,  give  him  a  patont  also,  and  thus  place 
>oth  parties  on  an  equal  footing  beforo  tho  courts  and  tho 
mblie. 

03.  Boforo  tho  declaration  of  an  interference  proper 
irehminary  intorforenco  will  bo  declared,  in  which  the 
irimary  examiner  will  notify  tho  respective  parties  when 
lie  applications  of  tho  other  parties  wero  illcd,  together 
ritli  their  names  and  residences.  Bach  party  to  tho  intcr- 
jrcnco  will  bo  required  to  fllo  a  statement  under  oath 
lving  a  detailed  history  of  tho  invention,  showing  tho 
ato  of  tho  original  conception,  and  tho  dnto  that  tho  ' 
ivention  was  reduced  to  drawings  or  model,  and  tho  dnto 
r  its  completion,  and  tlio  extent  and  character  of  use 
ho  l'nr ties  will  bo  strictly  held  in  their  proof  to  the 
ites  set  up  in  their  preliminary  statements.  This  state- 
cut  must  be  scaled  up  boforo  filing,  (to  bo  opened  only 
r  tlio  examiner  of  interferences,)  and  the  namo  of  the 
irty  filing  it  and  tho  subject  of  the  invention  indicated 
i  the  envelope. 

Tt!,en80nn!rt0mi!nt8  S.Ua"  n0k  10  open  t0  tbo  inspection 
tho  opposing  parties  until  both  havo  boon  died,  or 
ltd  the  time  for  filing  both  has  expired:  nor  then,  mi- 
i  l  r  fan,ined  ^  tb«  proper  officer  and 
rod  to  bo  satisfactory.  At  tho  time  of  tho  oxamina- 
”  preliminary  statements  tho  oxaminer  of  inter- 

f  'u  l  “lso  mnlt0  “n  oxaipination  of  tho  proliin- 
ordor  In  U’f  (.mstitutc<1  by  «'o  primniy  examiner,) 
order  to  ascertain  whether  or  not  tho  issue  between 
parties  lias  been  clearly  defined.  If  it  bo  found, 
such  examination,  that  tho  preliminary  .inning, Hen 
ncndedT  wi thiS  particuIar*  thc  interforonco  will  bo 

amendment.  retUr"°d  10  41,0  ■■ 

fatU“  UP°"'Wl,°m  r08ta  tb0  burden  of  proof  fails  to 
rcome  l?n Stato.raeut'  or  ».««  statement  fails  to  - 
rcomo  tho  primafaae  case  mado  by  tho  respective  dates  , 

nUon  orYi  >  f  8h,0W8  tUat  b0  bas  nbnudoued  his 

8  before  h  !  ‘  ^  ^  iD  Pub,i0  U8b  ‘ban  two  . 

boforo  his  npph cation,  tho  other  party  will  bo  entitled 


bis  application.  The  p °“  Bt * ,lnto  piior 
•bo  used  ns  ovidenco  in  bob" f  of  TT  °a'1  iu  110  ca8a 

aso  is  to  dotormino  whether  the  »  y  "mlti"s  iL  Ita 
.  seeded  with,  and  to  Wo  L  8,laI1  bo  p«>- 

for  tbo  other  party.  8  01  oross-oxnininntion 

fllSeS tU°  tini°  for 

sons  therefor,  in  tho  form  on  v n  P.le80,,t  his  "»■ 

previously  fixed  upon.  «mdu\  it,  prior  to  tlio  day 

whom  rests  tho  lmrdcnIofl'nroo|-eK  by  1,10  "PPUcant  upon 
been  taken  by  such  applicant  tat°.mMCr?ltMt,l"°"y  ba3 ' 
i  liDrille  tlio  time  assigned  to  tl  o  hit  "  °ther  part* 

sidcrcd  closed,  and,  upon  n rot  “  i  i  ’  ,°  C"S°  wiU  bo  c°“' 
of  tho  timo  assiguedPto  such  nni  tV'  ma,]onttl,ooxPirntioii 
set  for  hearing  mtty  bo 

after.  }  ""°  "ot  ,css  tbl">  t«n  days  there- 

provided  in  Rulo  48.  1  °  0  e  tl10  “mmicr 

' rj 

fj^apsasnsras- 

2h  5'EX  iittortbreueo  tho  party  who  flrst  filed  so  o, 

o ,,  p  ,J  m"J  talco  rebutting  testimony,  but  shall  tnko 


18 


no  otlior.  If  tboro  nro  moro  than  two  portion,  tho  times  for 
taking  testimony  will  bo  so  arranged  that  each  shall  have 
.  a  like  opportunity  in  his  turn,  each  being  hold  to  go  forward 
and  provo  his  enso  against  those  who  died  their  application 
before  him. 

'  Postponing tak*  58.  If  it  becomes  necessary  for  either  party  to  liavo  tho 
tng  tutimonv.  (imo  for  taking  his  testimony,  or  for  tho  lionring,  postponed, 
ho  must  luako  application  for  such  postponement,  and  must 
show  sufficient  reason  for  it  by  affidavit  ns  provided  in  little 
113,  died  beforo  tho  timo  previously  appointed  has  clnpscd, 
if  practicable,  and  mast  also  furnish  his  opponont  with 
■  copies  o'f  his  affidavits  and  with  reasonable  notice  of  the 
timo  of  hearing  his  motion. 

Prerequisite  to,  00.  An  intcrforciico  will  not  bo  declared  until  the  subject* 
matter  involved  is  decided  to  bo  pntontnblo.  If  after  being 
declared  it  is  found  that  no  intcrferonco  in  fact  exists,  or 
thnt  thero  has  beon  such  irregularity  in’ declaring  tho  same 
as  will  preoludo  tho  proper  determination  of  tho  question  of 
„  nf  ™  c;s  ln  right  between  tho  parties,  it  will  be  dissolved,-  and  an  appeal 
may  bo  taken  to  the  Commissioner  in  person. 
r  to  of  during  tho  continnnuco  of  an  interference,  it  shall  ap¬ 
pear  thnt  noitlior  party  is  outitlcd  to  a  patent  by  reasou  of 
abandonment,  public  use,  or  any  other  statutory  bnr,  tho 
exnmiuor  of  interferences,  or  examiuors-in-cliicf,  ns  tho  enso 
mny  be,  will  direct  tho  attention  of  tho  Oomtnissionor  to  the 


.  j  a  regular  hearing,  Tho  Commissioner,  if  in  his  judgment  it 

a  is  necessary,  will  then  suspend  tho  iatorforonco  and  remand 

J  the  cases  to  tho  principal  examiner  for  tho  determination  of 

any  of  these  questions. 

If  judgment  bo  bnsed  upon  a  concession  of  priority  by 
cither  of  tho  parties,  such  concession  must  bo  in  writing! 
and  under  tho  signature  of  tho  inventor  himself;  nnd  if  there 
has  been  nil  assignment,  the  assignee  must  join  in  tho  con¬ 
cession.  . 

romun™'’ffiStr  C0-  No  amendments  to  tho  specification  will  bo  received 
during  the  pondoucy  of  an  interference,  oxcopt  ns  provided 
in  section  01.  A  second  interference  will  not  bo  dcclnrcd 
upon  a  now  application  on  tho  same  invention  filed  by  oitlior 
itoi'cariim  tmil’arty  during  tho  pendency  of  an  Interference,  or  nftor  judg* 
«iSS!  “ " cr’ incut,  nor  a  rehearing  bo  granted,  unless  it  be  shown  to  the 
satisfaction  of  the  Commissioner  (in  person)  that  tho  party 
desiring  a  now  interference  or  rchonriug  lias  now  nnd  mate¬ 
rial  testimony  which  ho  could  hot  liavo  procured  in  time 


for  the. hearing,  or  unless  other  sufficient  reasons  bo  si,n„„  ^ 

satisfactory  to  tho  Commissioner.  8  bo  shown, 

"aasSSSSHSrW- 

only  of  tho  specifications  ns  refers  to  the  intorfnrin  i  , 

And  either  party  may,  if  ho  » 

mwaimifolit  o0  h"""?  a<1J"<lge<1"ot  to  interfere,  and  file  a 
now  application  tliercfor:  Provided,  That  tho  claims  so  with- 
drawn  covor  inventions  which  do  not  involve  tho  devices  in 
interference  -.  And  provided  also,  That  tho  devices  in  inter- 

fram  hiq  ,,ow  m 

enso  tho  latter  will  bo  examined  without  rororcuce  to  tho 
intorfcronce  from  which  it  wns  withdrawn. 

REISSUES. 

02.  A  reissue  is  granted  to  tho  original  patentee,  his  legal  iw«inr«,*  „t, 
.  representatives,  or  thonssignecs  of  tho  entiro  intorcst,  wlion,  m“r  n|‘",y  -ror- 
.  by  ronson  of  a  defective  or  insufficient  specification,  or  by 

reason  of  thopnteutcoclnlmingnsliisinvcntiouordiscovory 

moro  than  ho  had  a  right  to  claim  ns  now,  tho  original  pat¬ 
ient  is  inopemtivo  or  invalid,  provided  tho  error  lmsnrison 
from  inadvertence,  accident,  or  mistake,  nnd  without  any 
fraudulent  or  deceptive  intention.  In  tho  cases  of  patonts 
issued  nnd  assigned  prior  to  July  8,  1870,  tho  application 
for  rcisstio  may  bo  made  by  the  nssigneo;  but,  in  tho  enso 
of  patonts  issued  or  assigned  sinco  that  dnto,  thoupplicn- 
tiou  must  bo  made  and  the  specification  sworn  to  by  tho  in- 
j  ventor,  if  ho  be  living. 

03.  Tho  petition  for  a  reissue  riust  bo  accompanied  with  a  wtuu  must  no 
certified  copy  of  the  abstract  of  titlo,  giving  tho  names  of  tK!'5”5'  rctl 
nil  assignees  owning  any  undivided  interest  in  the  patent; 

.  and  in  case  tho  application  is  ninilo  by  tho  inventor,  it  mast 
;  ho  accompanied  with  tho  written  assent  of  such  assignees. 

:*'■ I"  applications  for  roissuo,  under  sovoral  different  divisions, 
a  petition,  onth,  drawing,  and  specification  must  nccotnpntiy 
■  f.  each  division. 

fa,,  01.  Thogcnoral  rule  is,  thnt  whatever  is  really  embraced  w'.«i  mnrni 
K.in  tho  original  invention,  and  so  described  or  shown  that  itmc"'" nlbwc'1- 
i..  digit  t  have  been  embraced  in  tho  original  patent,  maybe 
ijitko  subject  of  a  reissue;  but  no  new  matter  shall  bo  intro- 
induced  into  tho  specification,  nor  shall  tho  model  or  draw- 
.things  bo  amended  cxcopt  each  by  tho  other;  but,  when 
ii  tlicro  is  neither  model  nor  drawing,  amendments  mny  he 
3tj;  made  upon  proof  satisfactory  to  tho  Commissioner  thnt  such 
now  matter  or  nmoiidmout  was  a  part  of  the  original  invon- 


tion,  null  was  omitted  from  tbo  specification  by  inadvertence 
accident,  or  mistake,  ns  aforesaid.  ’ 

J2U2S&  05 •  Eciss“cd  Paints  expire  nt  tl»o  end  of  tbo  term  for 
u°».  which  tbo  original  pntouts  were  granted.  For  this  reason 

applications  for  reissuo  will  take  precedence,  in  cxnmiun. 
tion,  of  original  applications. 

J.taofmt.  GO.  A  patentee  in  reissniug  may,  nt  bis  option,  linvo  a 
separate  patent  for  eaelt  distinct  and  sepnrato  part  of  tbo 
invention  comprehended  in  bis  original  patent,  by  paying 
tko  required  fee  in  each  case,  and  complying  with  the  other 
requirements  of  tho  law,  ns  in  original  applications.  Each 
'division  of  a  reissue  constitutes  the  subject  of  a  separate 
specification  descriptive  of  tho  part  or  parts  of  tho  invention 
clnimed  in  such  division ;  nnd  tho  drawing  may  represent 
only  such  part  or  parts.  All  tho  divisions  of  a  roissuo  will 
issuo  simultaneously.  If  tliero  bo  controversy  ns  to  one,  the 
others  will  ho  withheld  from  issno  nntil  tho  controversy  is 

to°so*  examined  °.7-  T“  1,11  cnscs  of  applications  for  reissues,  tho  original 
anew.  claim,  if  reproduced  in  tho  amended  specification,  is  sub¬ 

ject  to  re  examination,  and  may  bo  revised  nnd  restricted 
in  tho  same  manner  ns  in  original  applications.  Tho  nppU- 
cation  for  a  reissuo  must  bo  accompanied  by  a  surrender  of 
tho  original  patent,  or,  if  lost,  thou  by  an  affidavit  to  that 
effect  anil  a  certified  copy  of  tho  patent;  but  if  any  reissuo 
ho  refused,  tlieongiunl  patent  will,  upon  request,  be  returned 
to  tho  applicant, 

DISCLAIMERS. 

laimcrs.  eg.  Whenever,  by  inndvcrtcnce,  accident,  or  mistake,  tho 
claim  of  iuven tion  hinny  patent  is  too  broad,  embracing  more 
than  thntof  which  tho  paten  tco  was  tho  original  or  first  invent¬ 
or,  some  material  or  substantial  part  of  tho  thing  patented 
being  truly  and  justly  his  own,  tho  patentee,  liis  heirs  or 
assigns,  whether  of  a  whole  or  of  a  sectional  interest,  may, 
upon  payment  of  tho  duty  required  by  law,  make  disclaimer 
ot  such  parts  of  the  thing  patented  ns  tho  disclainiant  skull 
2,00SV°.C  'im01' t0  1,01,1  by  virtuo  tl.6  patenter 
assignment,  stating  therein  tho  extent  or  bis  interest  in 
such  patent ;  which  disclaimer  slinll  bo  in  writing,  nttestod 
£  ir“r''!or'  1  08  cs  8l'«»  I)o  recorded  in  the  Patent 

r  p.fi -d  8,laU  ‘hereafter  bo  considered  ns  part  of  tbo  orig- 

r  h  ,  Re  ification,  to  tbo  extent  of  tbo  intorest  possessed 

rcwnl  thereof14  "Ua  bj’  U‘0S0  Cl"lm,ne  ’"‘dcr  1,iw  "ftCP  tl)0 


the  expiration  of  the  origin*! term £ fl?m 
sinco  March  2, 1801,  can  bo  evtm>,i/,i  n?,°  1>ntont  smntod 
bcon  reissued  in  two  or  more  dlvial'n.  W^ei>  ft  patout  has 
tions  must  bo  made  for  the  oxteii^oTcnob’XisioT11011' 

and  pay  int“o  requisite  fee  not‘ more  Umifsh"  months  nor  r*^“  ^  A 

“oeTrtiflearalr  t0  “,0  of  bis 

raHnn  ^  H  .  oxtonsion  will  bo  signed  after  tho  expi- 

minbcntL,  for  'i  ■  "a1'®1  aro  caution(!l1  to  make  their 

hi  Mkon  H  o  ,  toUT';  1,1  ti,ao  t0  nllow  ‘>*0  testimony  to 
r  TS  to  b0  had’  a,,d  d0ci8io“  mado,  so  that 
tho  final  foo  may  ho  paid  and  tho  certiilcnto  signed  boforo 
tlio  patent  expires;  otherwise,  extension.will  bo  denied. 

I,0rf°1.1  Wh0  inte,lds  t0  oi'l'oso  an  application  for  n»n.on„tr»ni., 
extension  must  givo  notice  of  such  intention  to  tho  applicantor  tt™."1”'^ 
or  bis  attorney  of  record  within  tho  time  hereafter  named,  ^ 
and  furnish  him  with  a  statome.it  of  bis  reasons  of  opposh 

!!m'-,trCr  !•»  "°WiU  1,0  rceardcd  88  a  Party  in  the  case, 
and  will  be  entitled  to  notice  of  tho  time  and  place  of  taking 
testimony,  to  a  list  of  tho  names  and  residences  of  tho  wit- 
■  ”?ssos  wll0S0  testimony  may  have  bcon  taken  previous  to 
■  his  service  of  notico  of  opposition,  anil  to  a  cojiy  of  tho  ap- 
phcatiou  nnd  of  any  other  papers  on  illo,  upon  paying  tho 
cost  of  copying.  Ho  must  also  immediately  file  a  copy  of 
such  notico  nnd  reasons  of  opposition,  with  proof  of  sorvico 
of  tho  same,  in  tho  Patent  Office. 

If  the  extension  is  opposed  on  tho  ground  of  lack  of  nov¬ 
elty  in  the  invention,  tho  reasons  of  opposition  should  con¬ 
tain  a  specific  statement  of  any  nail  all  matter  relied  upon 
for  this  purpose. 

72.  Tho  applicant  for  a  c\tc  tf  1  to  tho  wtati.rcquir- 

Ofilee  a  statement  in  writing,  under  ontli,  of  the  ascertained oaorpcllUoMr' 

.  vnluo  of  tbo  invention,  nnd  of  bis  receipts  nnd  expendi¬ 
tures  on  account  thereof,  both  in  this  anil  foreign  countries. 

.  This  statement  must  bo  mnilo  particular  and  in  detail,  un- 
less  sufllcicnt  reason  is  set  forth  why  suclra  statement  can- 
j  -  not  bo  furnished.  It  must  in  all  cases  ho  filed  with  tho  pe¬ 
tition.  No  exceptions  will  bo  mnilo  to  this  rule. 

Such  statement  must  also  bo  accompanied  with  a  certified 


§§§1 


cou Kfio rod-  73.  The  questions  which  nriso  on  cncli  application  for  an 
prwa  required.  extension  aro : 

First.  Was  the  invention  new  n»d  useful  when  patented? 

Second .,  Is  it  valuablo  and  important  to  tho  public,  nml  to  ' 
wbnt  oxtent? 

■fl’hird.  Has  tlio  inventor  been  reasonably  remunerated  for 
tlio  timo,  ingenuity,  and  expense  bestowed  upon  it,  nud  tlio 
introduction  of  it  into  nso  1  If  not,  has  liis  fniluro  to  bo  so 
remunerated  arisen  from  neglect  or  fault  on  bis  part? 

Fourth.  Wlint  will  bo  tlio  effect  of  tlio  proposed  extension 
upon  tbo  public  interests  ? 

No  proof  will  bo  required  from  tbo  applicant  upon  tbo 
first  question  unless  tbo  invention  is  assailed  upon  those 
points  by  opponents. 

To  enable  the  Commissioner  to  come  to  a  correct  conclu¬ 
sion  in  regard  to  tbo  second  point  of  inquiry,  tbo  applicant 
must,  if  possible,  procure  tbo  testimony- of  persons  disinter- 
.  ested  in  tbo  invention,  wliicli  testimony  should  bo  taken 
under  oath.  This  testimony  must  distinguish  carefully  beticeen 
the  specifto  devices  covered  by  tho  claims  of  the- patent  and  the 
general  machine  in  which  those  devices  may  bo  incorporated. 

In  regard  to  tbo  third  point  of  iuqniry,  in  addition  to  bis 
own  oath,  showing  bis  receipts  and  expenditures  on  account 
of  tbo  invention,  tbo  applicant  mast  bIiow,  by  testimony  un¬ 
der  oath,  that  bo  has  taken  all  rcnsonublo  measures  to  intro- 
dneo  his  invention  into  general  use;  and  that,  without  neg¬ 
lect  or  fault  on  bis  part,  bo  bns  failed  to  obtain  from  tbo  uso 
and  sale  of  tbo  invention  a  reasonable  remuneration  for  the 
time,  ingenuity,  and  expense  bestowed  on  tbo  same,  and 
tho  introduction  of  it  into  nso. 

giving  74.  In  case  of  opposition  to  tbo  extension  of  a  patent  by 
notico.  any  p0r80U)  both  parties  may  take  testimony,  each  giving 
reasonable  notice  to  tbo  other  of  tho  timo  and  piaco  of  taking 
said  testimony,  which  shall  bo  takeu  according  to  tho  rules 
hereinafter  prescribed. 

Ilttm  7S.  A»y  person  desiring  to  oppose  an  extension  must 
privileges.  servo  bis  notice  of  opposition,  nnd  file  his  reasons  therefor, 
nt  least  ten  days  beforo  tho  day  fixed  for  tbo  closing  of  testi¬ 
mony  ;  but  parties  who  have  not  entered  formal  opposition 
in  timo  to  put  iu  testimony  may,  nt -Urn  discretion  of  tbo 
Commissioner,  bo  permitted  to  appear  on  tho  day  of  hear- 
^  iDS’ #nd  mako  nr6«uienttipon  tho  record  in  opposition  to  tho 


grant  of  tho  extension.  But  in  such  case  good  cause  for 
tho  nogleet  to  inako  formal  opposition  must  bo  shown. 

70.  In  contested  cases  no  testimony  will  bo  rccoivcd,  un-  Timsortainug 
less  by  consent,  which  lias  boon  taken  within  thirty  dnyst““'M“ir' 
next  after  tbo  filing  of  tlio  petition  for  tho  extension.' 

77.  Scrvico  of  notice  to  take  testimony  may  bo  mndo  upon  scrvire  at 
applicant,  upon  tlio  opponent,  upon  tbo  nttornoy  of  record  lia°aj?l“li°t“u‘ 
of  cither,  or,  if  tlioro  bo  no  nttornoy  of  record,  upon  nay 
attorney  or  agent  who  takes  part  in  tbo  sorvico  of  notice, 

or  in  tho  examination  of  tbo  witnesses  of  oither  party. 

Where  notico  to  tako  testimony  bns  nlrendy  been  given  to 
an  opponent,  and  a  now  opponent  subsequently  gives  notico 
of  his  intantion  to  opposo,  tbo  examination  need  not  bo  post¬ 
poned,  but  notico  thereof  may  bo  given  to  such  subsequent 
opponent  by  mail  or  by  tologmph.  This  rule,  howovor,  does 
not  apply  to  cx-parte  examinations,  or  tboso  of  which  no 
notico  has  been  given  when  notico  of  opposition  is  sorved. 

78.  In  tho  notico  of  tho  application  for  an  oxtonsion  a  Taking  mu. 
day  will  bo  fixed  for  tbo  closing  of  testimony,  nnd  tho  day  S|“y  “ll  lc?r' 
of  hearing  will  also  bo  named.  Application  for  a  post¬ 
ponement;  of  tbo  day  of  bearing,  or  for  further  timo  for  ’ 
taking  testimony,  must  bo  mndo  and  supported  according 

to  tlio  snmo  rules  ns  arc  to  bo  observed  in  otbor  contested 
cases ;  but  tboy  will  not  bo  granted  in  such  a  manner  as  to 
canso  a  risk  of  preventing  a  decision  prior  to  tbo  expiration 
of  tho  patent.  Immediately  upon  tbo  closing  of  tbo  testi¬ 
mony  tlio  application  will  bo  referred  to  tbo  oxnmiuer  iu  „J',1'r“c0  10 
charge  of  tbo  olnss  to  which  tbo  invention  belongs  for  tbo 
report  required  tiy  law ;  and  said  report  shall  bo  made  not 
less  than  five  dnys  beforo  tbo  day  of  bearing.  As  this  re¬ 
port  is  intended  for  tlio  information  of  tbo  Commissioner, 
neither  tbo  parties  nor  their  attorneys  will  bo  permitted  to 
inako  oral  arguments  boforo  tbo  oxaminer.  In  contested 
cases  briefs  aro  deemed  desirable,  and  tboso  should  always 
bo  filed  at  least  fivo  dnys  boforo  tbo  day  of  bearing. 


79.  A  patent  for  a  design  may  bo  grnutcil  to  any  poison,  i 
whether  citizen  or  alien,  who,  by  bis  own  industry,  genius,"" 
efforts,  and  oxponse,  bns  invented  or  produced  any  now  and 
original  design  for  n  manufacture,  bust,  stntuo,  alto-relievo, 
or  bas-relief;  any  now  nnd  original  design  for  tbo  printing 
of  woolen,  silk,  cotton,  or  other  fabrics;  any  now  nnd  orig¬ 
inal  impression,  ornament,  pattern,  print,  or  picture,  to  be 


printed,  painted,  oast,  or  otherwise  placed  on  or  worked 
into  nay  articles  of  nmiiufaeturo;  or  any  now,  useful,  and 
original  slmpo  or  configuration  of  nny  nrticlo  of  manufac¬ 
ture,  tlio  samo  not  having  been  known  or  used  by  otliors 
boforo  his  inrontion  or  production  tiicrcof,  or  patented  or 
described  in  any  printed  publication,  upon  pnyinout  of  tlio 
duty  required  bylaw,  and  othordno  proceedings  had  tlio 
same  as  in  cases  of  inventions  or  discoveries. 

1  SO.  X’atents  for  designs  nro  granted  for  tlio  torm  of  tlireo 
and  one-half  years,  or  for  seven  years,  or  for  fourtcon  yonrs, 
as  the  applicant  may,  in  his  application,  elect, 
i  81.  Tho  proceedings  in  applications  for  pntouts  for  de¬ 
signs  nro  substantially  tlio  samo  as  for  other  patents.  The 
specification  must  distinctly  point  out  tlio  characteristic 
features  of  tlio  design,  and  carefully  distinguish  botween 
wlmt  is  old  and  what,  is  held  to  bo  now.  Tlio  claims  also 
should  bo  as  distinct  and  specific  as  in  tlio  caso  of  patents 
for  inventions  or  discoveries. 

1  82.  When  tlio  design  can  bo  sutllciently  represented  by 
drawings  or  photographs  a  model  will  not  bo  required. 

.  S3.  Whenever  a  photograph  or  an  engraving  is  employed 
to  illustrnto  the  design,  it  must  bo  mouutcd  upon  a  thick 
Uristol-board  or  drawing-paper,  ten  by  llftccn  inches  .in 
size;'  and  tlio  applicant  will  bo  roqutred  to  furnish  toil  oxtrn 
copies  of  such  photograph  or  engraving,  (not  nionntod,)  of 
a  sizo  not  exceeding  seven  and  a  half  inches  by  cloven. 
Negatives  will  no  longer  bo  required. 

■Whenever  tho  desigii  is  represented  by  a  drawing,  each 
of  tlio  ton  copies  mast  bo  made  to  conform  as  nearly  as 
possiblo  to  tlio  rules  laid  down  for  drawings  of  mechanical 
inventions. 

TRADE-MARKS. 

,  SI.  Any  person  or  (Inn  domiciled  in  the  United  States, 
"and  any  corporation  created  by  tho  authority  or  tlio  United 
States,  or  of  any  State  or  Territory  thereof,  and  any  per¬ 
son,  drill,  or  corporation  resident  of  or  located  in  any  foreign 
country  which,  by  treaty  or  convention,  nllbrds  similar 
privileges  to  citizens  of  tho  United  States,  null  who  nro  en¬ 
titled  to  tho  oxclusivo  uso  of  nny  lnnTal  trade-mark,  or  who 
intcud.  to  adopt  and  uso  nny  trade-mark  for  oxclusivo  uso 
within  tlio  United  States,  may  obtain  protection  for  such 


lawful  trade-mark  by  complying  with  the  following  require- 
'  meats,  to  wit :  • 

First.  By  causing  to  bo  recorded  in  tho  Patent  Olllco  tho  rrcoomtog 
names  of  tho  parties,  and  their  residences  anil  place  of  busi- 
ness,  who  desire  tho  protection  of  tho  trade-mark. 

Second.  Tho  class  of  merchandise  and  the  particular  de¬ 
scription  of  goods  comprised  in  such  class,  by  which  tho 
trailo-mark  lias  been  or  is  intended  to  bo  appropriated. 

Third.  A  description  of  tlio  trade-mark  itself,  with  fac¬ 
similes  thereof,  and  tlio  moilo  in  which  it  has  heon  or  is 
intended  to  bo  applied  and  used. 

Fourth.  Tho  length  of  time,  if  nny,  daring  which  tho 
trado-mark  lias  been  used. 

Fifth.  Tlio  payment  of  a  feu  of  twonty-ilvo  dollars,  in  tlio 
samo  manner  and  for  tlio  samo  purpose  ns  tlio  feo  required 
for  patents.  A  r 

Sixth.  Tlie  compliance  with  such  regulations  ns  may  bo  .  ■j.j" 
prescribed  by  tho  Commissioner  of  Patents.  H 

Sccenth.  Tlio  tiling  of  a  doclarntion,  under  tlio  oath  of  H: 

tlio  persou,  or  of  somo  uiotnbcr  of  tho  Arm  or  ofllcor  of  the  H 

corporation,  to  tho  effect  thnt  tho  jmrty  clniiningprotcctioii  Bl 

for  tho  trade-mark  hns  a  right  to  the  uso  of  tlio  samo,  and  -  H| 
thnt  no  other  person,  Arm,  or  corporation  hns  n  right  to  such  H 

use,  citlior  in  tho  idcuticnl  form  or  having  such  near  resem-  H 

bianco  thereto  ns  might  ho  calculated  to  dcccivo,  and  thnt  H 

tho  description  and  fac-siiniles  prc3ontcd  for  record  nro  true  II 

copies  of  tho  tnulo-mnrk  sought  to  bo  protected.  Tlio  ontli  ■»  "s 
must  also  stato  tho  domicile  and  citizenship  of  tlio  person 
desiring  registration. 

Thepotitionnsking  for  registration  should  bonecompnnicd 
with  a  distinct  statement  or  specification,  setting  forth  tho 
length  of  time  the  trade-mark  has  been  used,  tho  moilo  in 
which  it  is  intended  to  apply  it,  and  the  particular  descrip¬ 
tion  of  goods  comprised  in  tlio  class  by  which  it  has  been 
appropriated,  and  giving  a  fall  description  of  the  design 
proposed,  particularly  distinguishing  between  tlio  essential 
and  tho  non-essential  features  thereof. 

S3.  Tlio  protection  for  such  trade-mark  will  remain  in 
forco  for  thirty  years,  and  may,  upon  tho  payment  of  a  sce- 
-  ond  fee,  bo  renowetl  for  thirty  years  longer,  except  in  cases 
where  such  trade-mark  is  claimed  for,  and  applied  to,  nrti- 
••  cles  not  manufactured  in  this  country,  and  ill  which  it 
•  receives  protection  under  tho  laws  of  nny  foreign  country 
for  a  shorter  period,  in  which  caso  it  shall  ccaso  to  Imyo 
,  forco  in  this  country,  by  virtno  of  tho  registration,  at  the 
sauio  time  thnt  it  becomes  of  no  effect  elsewhere. 


80.  No  proposed  trade-mark  will  be  reccivod  or  recorded 
which  is  not  nncl  cannot  become  a  lawful  trade-mark,  or 
which  is  meroly  tho  ua.no  of  a  porson,  firm,  or  corporation 
only,  unaccompanied  by  a  mark  sufllciont  to  distinguish  it 
from  tho  sn.no  nnmo  when  used  by  otl.cr  porsous,  or  winch 
is  identical  with  a  trade-mark  appropriate  to  tho  sa.no  class 
of  merchandise  .and  bolonging  to  a  different  owner,  and 
already  registered  or  rocoivcd  for  registration,  or  which  so 
nearly  resomblos  such  last-montioned  trndo-mnrk  ns  to  be 
likely  to  dcceivo  tho  -public ;  but  any  lawful  trndo-mnrk 
rightfully  used  lit  the  ti.no  of  the  passage  of  tho  act  relating 
to  trade-marks  (July  8, 1870)  may  bo  registered. 

.»  AH  applications  for  registration  nro  referred  in  tho  first 
•  ■  --  -  ♦-'ide-mnrk  examiner.  From  ndverso  decision 


Cnitcd  States  for  moro  turn  two  years  pr.oi  ro  urn  up 
.  but  when  a  patent  is  taken  out  iu  this  country 
invention  previously  patented  abroad,  tho  American  i 
will  expire  at  the  same  timo  with  tho  foreign  patent 
there  bo  moro  than  one,  nt  tho  same  timo  with  the  ou 
log  tho  shortest  term;  but  in  no  enso  shall  it  bo  m 
more  than  seventeen  years. 

.  go  When  application  is  mmlo  for  n  patent  for  an 
tion  which  has  been  already  patented  abroad,  the  iu 
will  bo  required  to  inako  oath  that,  according  to  tho 
his  knowledge  mul  bolief,  tho  same  lias  not  heen  iu 
aso  in  tho  United  States  for  more  than  two  years  p 
tho  application  in  this  country. 

01.  An  applicant  whoso  invention  has  been  p. 
abroad  should  state  tho  fact  that  a  foreign  patent  l.r 
ally  been  obtained,  giving  its  date,  and  if  there  h 
-  than  ono,  tbo  date  of  each. 


ay  instrument  ot  writing,  nuu  sucu  n-rugni 
:dcd  in  tho  Patent  Oflleo  within  sixty  day 
ution,  in  default  of  which  it  shall  bo  void 
subsequent  purchaser  or  mortgagee  for  a  v» 
ration,  without  notice.  The  lees  will  bo  tl 
irescribed  for  recording  assignments  of  pate 
FOREIGN  PATENTS. 

I.  Tho  taking  out  of  a  patent  iu  a  foreign  e 
prejudice  a  patent  previously  obtained  her. 
i-oven t  obtaining  a  patent  hero  subsequently 


imo  within  ouo  year  thercalter, : 
patout  with  which  such  cavcal 
orferc,  such  application  will  1 
hereof  will  bo  scut  to  tho  perse 
io  shall  mo  a  complcto  applical 
time,  will  bo  entitled  to  an  into 
application,  for  tho  purpose  of  pr 
and  obtaining  tho  patent,  if  ho  b. 
or.  Tho  caveator,  if  ho  would  a 
must  fllo  his  application  within 
on  which  tho  uotico  to  him  is  dc 
Washington,  adding  tho  regiila 
orthosamo  to  him;  and  tho  d 
expires  will  bo  uiontioncd  in  the 

93.  Tho  caveator  will  not  bo  . 
plication  ponding  nt  tho  tiuiool 
application  filed  after  the  exp. 
dnto  of  filing  tho  caveat ;  but 


i  and  so  on  from  year  to  year  as  long  as  ho  may  desire  If  a 

/  “led "it  TV‘  tl,0,C"d  0f  tbo  yenr  for  Which  it 

f  .  nrchives  df  tho  Ofllco  801'  ^  rC8"rded  "S  ,n  ,ho  “«* 

°f  "  oml: l*0, ,C1,VCnt  Cnu  bo  /1Ic'1  secret  archives  of  the 
OOlco  unless  accompanied  l,y  an  oalh  of  the  caveator  that 
ho  is  a  citizen  of  the  United  States  or  ir  lm  i,  „„ 

Statra,Oni,niSir0Sit,CdifOr  onoycarln8t  Pnstwithin  tho  United 
Stntes,  and  lias  inndo  oath  of  Ills  intention  to  bccomo  a  citi- 

f  lint  l.nTu  ,10r  11".,eS3 1,10  ■''IMdicant  also  states,  under  oath 

tho  nrt°  inacldnn  S°'f  11,0  0risi,,nI  aa"  «**  inventor  of 
art,  niaohmo,  or  improvomont  sot  forth  in  ids  caveat. 

loTcutJoa  ivquirf  •  A  cai' 'eat  need  not  contain  11s  nnrfimiiun  .1  • 

SSr-SS: 

vtzss* 

"»«■* 
^amiof  the 


assignments. 


tom  to  an  nssi^fecrln^nsjiV,1,^^0'1  ‘bat  Patent shall „ 
.101.  When  tho  patent  is  to  issnn  1,.  .1 

ps&ss corrc8I,OMdc,,co  ■« 

vcy  an  exclusive  right  co„.*““'^"- 

spedded  portion  of  tho  United 

ssssssszrrr*zsstt 

patoluol,n,!lCd'rmr  ™ry  soimr,,^°  dghts  under  his 
»  vc y  rhoria.  o'  T  biH  iuVOMion>  ”  »«  »nySlf  L”  ~ 

ri  L  sllol>  r,8llt3  which  are  not  exclusive 

^.  convoy.,,, cos  are  mere  licenses,  and  need  not  bo  re 

10a.  Tlie  receipt  or assignnionts  is  not  generally  nckuou  l  „  ,  , 

S  ^  t,“!  °mCU;  tllcy  "•il1  <»  recorded  in  thet  turn f«”  f 


’"’tlsIpSSsH 

for  record.  0  ,  0^  l>r°per  subject-matters 


OFFICE  FEES,  AND  HOW  PAYABLE. 

10#.  Nearly  all  tho  fees' payablo  to  tho  Patent  Ofllco  aro  1 
0Do  „  iLre(|,,'rCd,.bi'  l“"'tO  b0  ',ail1  *»  advance;  that  is, “l 
P?n  making  application  for  any  action  by  tho  Offlco  for 
Wiich  a  fee  is  payable.  For  tho  sake  of  uniformity  and  con- 
Yeuionce,  tho  remaining  fees  will  bo  required  to  bo  paid  in 
wesnmo  manner. 

(inmi  Tho  fol,owiMe is  “10  tariff  of  fees  established  by  law :  t 
§i,  "g  ovory  application  for  a  design  patent  for 
/nreo  years  mid  six  months .  $10  00 


On  filing  every  application  for  a  design  patout  for 

sovou years  . . . . 

On  tiling  over}' application  for  a  design  patent  for 

fourteen  years . 

On  tiling  every  caveat . . . 

On  tiling  every  application  for  a  patent  for  nil  inven¬ 
tion  or  discovery . 

On  issuing  each  original  patent  for  an  invention  or 

discovery . . . 

On  tiling  a  disclaimer . . 


uiuc.  wiso  an  extra  charge  will  bo  made  for  llio  time  con- 
sinned  in  making  any  sonrcli  that  may  bccomo  necessary. 

108.  Tlio  ilnnl  fco  upon  a  patent  must  bo  paid  within  six 
months  after  tlio  time  at  which  tlio  application  was  allowed 
and  notico  thereof  mailed  to  tlio  applicant,  or  his  agent! 
anil  if  tlio  final  foe  for  such  patent,  or  a  ccrtillcato  of  de¬ 
posit  for  tlio  amount,  bo  not  received  at  the  Oillco  within 
that  time,  tlio  patent  will  bo  forfeited,  and  tlio  invention 
tkorcin  described  will  bccomo  pnblio  property,  ns  ngniust 
the  applicant  therefor,  unless  he  shall  make  a  now  applica¬ 
tion  within  two  years  from  the  date  of  notice  of  tlio  original 
allowance. 

109.  The  money  for  tho  payment  of  fees  may  bo  paid  to 
the  Commissioner,  or  to  tho  Treasurer  or  any  of  tho  Assist¬ 
ant  Treasurers  of  tho  United  States,  or  to  any  of  tho 
designated  depositaries,  nntiounl  banks,  or  receivers  ol 
public  money,. designated  by  tlio  Secretary  of  tho  Treasury 
for  that  purpose,  who  shall  givo  tho  depositor  a  receipt  or 
certificate  of  deposit  therefor,  which  sli  ill  lie  transmitted 
to  tlio  Pntont  OlUce.  When  this  cannot  bo  dono  without 
much  inconvenience,  tho  money  may  be  remitted  by  mail, 
and  in  ovory  such  enso  tho  letter  should  stato  tho  oxact 
nmonut  inclosed.  Letters  containing  money  may  bo  regis¬ 
tered.  Post-Ofiico  money-orders  now  afford  a  safe  and  con¬ 
venient  modo  of  transmitting  fees.  All  such  ordors  should 
bo  mndo  payable  to  tho  “  Commissioner  of  Patents.” 

The  weekly  issue  will  closo  on  Saturday  at  12  o'clock. 
When  patents  nro  to  issuo  to  nssigi  _e  l  gnment 


KEPAYMENT  OP  MOIilSi. 

111.  Monoy  paid  by  actual  mistake  will 
a  mere  chango  of  purpose  after  tho  pnymi 
not  ontitlo  a  party  to  domand  such  return 


112.  After  the  first  day  of  July,  1873,  t 
matter  sent  to  tho  Potent  Ofllco  by  mail  in 
given  |  fug,  othonviso  it  will  not  bo  received. 


TAKING  AND  TRANSMITTING  TESTIMONY. 

113.  In  extension,  interference,  ami  other  contested  cases, 
the  following  rules  have  been  established  for  taking  and 
transmitting  ovidoilco : 

First.  Bel'oro  tho  deposition'  of  iv  witness  or  witnesses 
is  taken  by  cither  party,  dnb  notice  shall  bo  given  to  tho 
opposito  party,  as  hereinafter  provided,  of  tho  Unto  and 
plnco  when  and  wlioro  such  deposition  or  depositions  will 
ho  taken,  with  tho  names  and  residences  of  tho  witness  or 
witnesses  then  and  tliero  to  bo  examined,  so  that  tho  oppo¬ 
site  party,  cither  in  person  or  by  attorney,  shall  havo  full 
jpportunity  to  cross-examine  tho  witness  or  witnesses : 
Provided,  That  if  tho  opposito  party,  or  his  counsel,  be 
‘dually  present  at  tho  taking  of  testimony,  witnesses  not 
lamed  in  tho  notico  may  bo  examined,  bnt  not  otherwise; 
md  that  neither  party  shall  tnko  testimony  in  more  than 
>110  place  at  the  samo  time,  nor  so  nearly  at  tlio  samo  time 
is  not  to  allow  reasonable  time  to  travel  from  ouo  plnco  of 
ixainination  to  tho  other. 

Second.  Tho  notico  for  taking  testimony  must  bo  served 
>y  delivering  a  copy  to  tho  adverse  party,  or  bis  agent  or 
ittorney  of  record  or  counsel,  ns  provided  in  Kulo  77,  or  by 
caving  a  copy  at  tho  party’s  usual  placo  of  residenco  with 
oino  member  of  tho  family  who  has  arrived  at  tho  years  of 
liscrction,  or  by  leaving  tho  samo  at  tho  oillco  of  tho  uttor- 
oy;  and  such  notico  shall,  with  proof  of  service  of  the  same, 
ml  a  certificate,  duly  sicorn  to, giving  the  manner  and  time  of 
talcing  the  service,  bo  attached  to  tho  deposition  or  doposi- 
ions,  whether  tho  party  cross-examine  or  not. 

Third.  Tho  magistrate  before  whom  tho  deposition  is 
ikon  must  append  thereto  his  ccrtillcatc,  stating  tho  time 
nd  plnco  at  which  it  was  taken,  tho  nnmo  of  tho  witness, 
jo  administration  of  tho  oath,  at  whoso  request  tho  testi- 
lony  was  taken,  the  occasion  upon  which  it  is  intended  to 
o  used,  the  names  of  tho  adverse  party,  (if  any,)  and 
hethcr  they  wore  present;  and  immediately  upon  the  close 
'  the  examination  ho  shall  securely  sent  up  nil  thoovidenco, 
c.,  and  forward  tho  smite  forthwith  to  tho  Commissioner  of  ' 
itcuts,  making  upon  tl 
lo  of  tho  case  and  tho 
ckngc. 

Fourth.  In  cases  of  extensiou 
ido,  cxmirte  testimonv  will  l«, 


been  taken  by  tho 
11  bo  received,  un- 


; 

witnesses  withm  tho  stipulated  time,  it  shall  bo  Z  w, 
said  party  to  give  notico  of  tho  same  to  he  Co  miS 

cause  of  such  inability,  and  of  tho  names  of  such  icit/es, 
fCPCelC,%  10  h°  pr0ml  %  them,  and  of 
lTr  ,“Ch  lCmi  tttlm  ‘"VWomM  testimony,  ail 
r  TZ  T  Cff°rlS  have  hcm  ^  Procure  , 

winch  notico  to  tho  Commissioner  shall  bo  received  by  h 
previous  to  the  day  of  honriug  aforesaid.  Copies  of  t 
papers,  and  notico  of  any  motion  based  upon  them  ini 
Bute  50  8enC<l  "P°n  tllC  °1,posito  P“rty>  113  Provided 
Sixth.  Whenever  a  party  relies  upon  a  caveat  toesta 
iisli  tho  dato  of  his  invention,  tho  caveat  itself  oraccr 
iled  copy  thereof,  must  bo  filed  in  evidence,  with’  duo  uoti 
nm  °  °P11°Slt°  pnrty'  as  no  uotice  ran  bo  taken  by  tl 
Oillco  of  a  caveat  filed  in  its  secret  archives. 

Tlio  official  records  of  tho  Ofilco,  and  books  and  doc 
meats  contained  in  tho  library,  and  other  books  in  goner 
circulation,  mny  bo  used  at  tho  hearing ;  but  notico  of  ai 
special  matter  contained  therein,  upon  which  a  party  relic 
•  should  bo  given  to  tlio  opposito  party  previous  to  tho  dr 
set  for  closing  testimony. 

111.  Tho  folios  of  each  deposition  must  bo  numbered  coi 
socutively,  and  tho  nnmo  of  tho  witness  bo  plainly  and  coi 
spicnonsly  written  at  tho  top  of  each  folio.  It  is  deemc 
desirable  that  tho  testimony  bo  taken  upon  legal-cap  pope: 
with  a  wido  margin  on  tho  left-hand  sido  of  tho  page,  an 
that  only  one  sido  of  tho  sheet  bo  written  upon. 

.  W®.  TI»o  testimony  mny  bo  taken  in  narmtivo  form;  bul 
if  either  party  desires  it,  it  must  bo  taken  in  answer  to  in 


taken  anil  filed  in  compliance  with  llicso  rules;  but  no 
notico  will  be  taltoii  of  any  merely  formal  or  technical 
objection  which  shall  not  appear  to  havo  wrought  a  sub¬ 
stantial  injury  to  the  party  raising  it;  anil  in  such  case  it 
should  bo  made  to  appear  Hint,  ns  soon  ns  tho  party  became 
aware  of  the  objection,  ho  immediately  gave  notico  thereof 
.  to  tlio  Office,  and  also  to  tho  opposite  party,  informing  him 
at  tho  same  time  that,  unless  corrected,  ho  shall  urge  Ids 
objection  at  tho  hearing;  hut  this  rulo  is  not  to  bo  con¬ 
strued  so  ns  to-  modify  well-established  rules  of  evidence, 
which  will  bo  applied  strictly  in  all  practice  beforo  the 
Olllee. 

r  117.  Tho  law  requires  the  clerks  or  tho  various  courts  of 
the  United  States  to  issue  subpomas,  to  sccuro  tho  attend¬ 
ance  of  witnesses  v ' 
in  evidence  in  any  c 

•  1 18.  In  contested  cases,  whether  of  interference  or  of  ex¬ 
tension,  parties  may  have  access  to  tho  testimony  on  filo 
prior  to  tho  hearing,  in  preseneo  of  tkooffleer  in  charge; 
and  copies  may  bo  obtained  by  them  at  tho  usual  rates, 
a  As  a  general  rule  printed  copies  or  tho  testimony  will  bo 
required,  but  this  requirement  may  bo  dispensed  with  on 
special  application  to  tho  Commissioner,  and  showing  satis¬ 
factory  reasons  therefor. 

Tlireo  printed  copies  should  bo  furnished,  two  for  tho  use 
of  tho  Olllee  anil  pno  for  the  use  or  the  opposing  party, 
llieso  copies  must  bo  filed  not  less  than  ono  week  provions 
to  tho  day  of  hearing. 

It  is  also  desirable  that  all  arguments  should  be  submitted 
in  printed  form,  and  all  arguments  filed  at  least  two  days 
provions  to  the  dny  of  hearing. 

RULES  OF  CORRESPONDENCE. 

110.  All  correspondence  must  bo  in  tho  nnino  of  tho 
“  Commissioner  of  Patents,”  and  all  letters  and  other  com¬ 
munications  intended  for  tho  Onico  must  bo  nddresscil  to 
mn;  ami  alter  July  1,  1873,  postage  must  bo  prepaid  in 
all.  I  f  addressed  to  any  or  tho  other  officers  of  tho  Bureau 
they  will  not  bo  noticed,  unless  it  bo  scon  that  tho  mistnko 
was  owing  to  inadvertence.  A  separate  letter  should  in  every 
cim  bo  written  in  relation  to  each  distinct  subject  of  inquiry  or 
mlication,  tho' subject  or  tho  invention  and  tho  dnto  of 
Wing  being  always  cnrofully  noted. 


120.  When  an  agent  lias  filed  his  powor  of  nttomc\  ilul  c  n- 
executed,  the  correspondence  will,  in  ordinary  cases,  bo  held  SSttSillrSfui 
with  him  only;  and  a  double  correspondence  with  an  as-1'8”0’™1- 
signee  and  the  inventor,  or  with  an  attorney  anil  his  prin¬ 
cipal,  if  goderally  allowed,  would  largely  increase  tho  labor 

of  the  Olllee.  The  assignee  of  an  cutiro  interest  in  an  in¬ 
vention  is  entitled  to  hold  correspondence  with  tbcOfllco 
to  the  exclusion  of  tho  inventor. 

121.  If  the  principal  becomes  dissatisfied  he  must  revoke  ifprincipauu. 
his  power  of  nttornoy  and  notify  the  Olllee,  which  will  then“iMpoVcr.,t"' 
communicate  witli  him. 

122.  After  a  second  rejection  nono  of  tho  papers  can  bo  in«pcction  ^ 
inspected,  save  in  tho  preseneo  of  n  sworn  oQlccr;  nor  will EnSeJ “cuon.”' 
any  of  the  papers  bo  returned  to  tho  applicant  or  agent. 

123.  Whenever  it  shall  bo  found  that  two  or  more  parties 
whoso  interests  aro  in  conflict  nro  represented  by  tlio  same 
attorney,  tho  examiner  in  charge  will  notify  each  of  said  c 
principal  parties,  mid  also  tlio  attorney,  of  this  fact. 

12-1.  Asidofrom  tlio  caveats,  which  aro  required  by  law  k  ArjHc 
to  bo  kept  secret,  all  pending  applications  are,  as  far  as 
practicable,  preserved  in  like  secrecy.  No  information  w  ill 
therefore  bo  given  tlioso  inquiring  whether  any  particular 
enso  is  before  tho  Office,  or  whether  any  particular  person 
has  applied  for  a  patent. 

125.  But  information  is  given  in  relation  to  any  enso  after  ^sgt  »i 
a  patent  has  issued,  or  after  a  patent  has  been  refused,  and  ”r“  " 1 
tho  further  prosecution  of  tho  application  is  nbaudouod  or 
barred  by  lapse  of  time. 

120.  Tho  models,  in  such  -cases,  are  so  placed  as  to  bo  snb-  (ijA™  u 
jeet  to  gouoral  inspection.  The  specifications  and  drawings 
in  any  particular  enso  enn  bo  seen  by  any  one  having  par- 
'  ticu’lnr  occasion  to  examine  them,  and  copies  thereof,  as  well 
as  of  patents  granted,  will  bo  furnished  at  tho  cost  of  mak¬ 
ing  them.  Copies  will  bo  made  on  parchment,  nt  tho  request 
of  tho  applicant,  on  liis  paying  tho  additional  cost. 

127.  Even  after  a  case  is  rejected,  tiio  application  is  re- 
gardod  ns  pending,  unless  tlio  applicant  allows  tho  matter  tma«! 
to  rest  for  two  years  without  taking  any  further  steps  there* 
in,  in  which  caso  it  will  bo  regarded  ns  abandoned,  and  will 
no  longer  bo  protected  by  any  rulo  of  secrecy.  Tho  spcci 
cations,  drawings,  and  modol  will  then  bo  subject  to  inspec¬ 
tion  in  tho  same  manner  as  those  of  patented  or  withdrawn 
;  Applications. 


tmfxfnr.ii*  12S-  Informatiou  iu  relation  to  pending  eases  is  given  so 
wb'tn  given.  far  as  it  becomes  necessary  in  conducting  the  business  of  tlio 
OHico,  but  no  further.  Tims,  when  an  interference  is  do- 
.  dared  between  two  pending  applications,  each  of  the  con¬ 
testants  is  entitled  to  n  knowledge  of  so  much  of  bis  oppo- 
,  neat’s  ease  ns  to  enable  him  to  conduct  ids  own  uiidcrstnud- 
ingly. 

aimtailSi™"."™  12a'  11,0  onlco  cnuuot  respond  to  inquiries  ns  to  the  nov- 
i“™“flti«cnrt>i»  eI,y  of  1111  all°80<1  invention  in  advance  of  an  application  for 
general.  a  patent,  nor  to  inquiries  founded  upon  brief  and  imperfect 
descriptions,  propounded  with  a  view  of  ascertaining  whothcr 
such  alleged  improvements  linvo  been  patented,  nml  if  so, 
to  whom ;  nor  can  it  act  ns  an  expounder  of  the  patent  law, 
nor  ns  counselor  for  individuals,  except  as  to  questions  aris¬ 
ing  within  tbo  Omcc.  A  copy  of  the  rales,  with  this  sec¬ 
tion  marked,  sent  to  the  individual  making  an  inqniry  of  tlio 
character  referred  to,  is  intended  ns  a  respectful  answer  by 
tlio  Office. 

Tvia. a"oV”w  130>  AU  business  with  the  Office  should  bo  transacted  in 
i»in  “mins,  writing.  Unless  by  tbo  consent  of  nil  parties,  the  action  of 
.the  Offico  will  bo  based  exclusively  on  the  writton  record. 
No  attention  will  bo  paid  to  any  alleged  verbal  promise  or 
understanding,  in  relation  to  which  llicro  is  any  disagree¬ 
ment  or  doubt. 

ATTORNEYS. 

Aitorcpya.  131.  Any  person  of-intelligcnco  and  good  moral  character 
may  appear  ns  tlio  ngont  or  the  attorney  in  fact  or  an  appli¬ 
cant,  upon  "filing  a  proper  power  of  attorney.  As  the  value  ' 
of  patents  depends  largely  upon  tlio  careful  preparation  of 
'  ^*o  specification  and  claims,  the  assistance  of  competent 

counsel  will,  iu  most  cases,  bo  of  advantage  to  the  applicant, 
tort tIia  value  of  their  services  will  bo  proportioned  to  their 

/skill  and  honesty.  So  many  persons  have  entered  this  pro¬ 
fession  of  late  years  without  experience  that  too  much  caro 
cannot  bo  exercised  iu  tbo  selection  of  a  competent  man. 
The  Office  cannot  nsstnno  responsibility  for  tlio  nets  of  attor¬ 
neys,  nor  can  it  assist  applicants  in  making  a  selection.  It 
will,  however,  bo  a  safe  rule  to  distrust  those  who  boast  of 
the  possession  of  special  and  peculiar  facilities  in  the  Offico 
for  procuring  patents  iu  a  shorter  time  or  with  more  ex¬ 
tended  claims  than  others. 

toraoy'Vir ..m  Po"'ora  of  ““oruey  to  authorise  the  attorney  to  sub- 
«*•  statute  for,  or  associate  with,  himself  a  second  agent,  must 

contain  a  clause  of  substitution ;  but  such  powers  will  not 
authorise  tlio  second  agent  to  appoint  n  third. 


r“  i,ltcrvi“'vs  with  oxniii  i  ers  wi  l  be  ais' 

'STM  iu 

with  tbo  ®3i™'''S‘t'kldecomn^ 

;=KfS2SSKS5:rrH 

case;  and  for  lesser  offenses  attorneys  may  bo  reffised  tlm 
privilego  of  ornl  interviews,  and  bo  required  to  transaotall 
business  with  tlio  Offico  in  writing.  1  1 

;  ^5' As  ,nc™tors  of  Congress  cannot  examine  cases,  or  T.  ,, 

not  m  them  without  regular  powers  of  attorney,  and  as  cases  ’i 
™““0t  b°  t”kc"  ,,p  °frt  of  their  regular  order  upon  their  E5c““"*™”™s; 
reqet  ul  tie  loi  j  t  tt  g  papers  to  and 
from  the  Capitol  involves  a  loss  of  time  which  would  bo 
avoided  by  communicating  directly  with  tlio  Officii,  appli- 
cants  are  recommended  not  to  add  to  the  sufficiently  ardu- 
oils  duties  of  their  Representatives  by  ordering-copies  or  ' 
*hciiiU>tl"e  f°  tlllllS1,0t  bnsillcss  with  the  Office  through 
LIBRARY. 

136.  No  persons  are  allowed  to  tnko  books  from  the  library  iibrarjrtsnia. 
except  thoso  employed  in  tlio  Office.  ‘  °M' 

AU  books  taken  from  tlio  library  must  bo  entered  in  n 
register  kept  for  the  especial  purpose,  and  returned  on  tbo 
call  of  tlio  librarian. 

Any  book  lost  or  defaced  must  be  replaced  by  another. 

"  -Patentees  and  others  doing  business  with  the  Offico  can 
oxnmiuo  tlio  books  only  in  tho  library-hall  or  tlio  attorney’s 
room  in  tho  Ofilce. 

^  All  translations  will  be  made  at  tho  usual  rates  by  tho 

No  person  will  bo  allowed  to  mnko  copies  or  tracings  from 
works  in  tho  library.  Such  copies  will  bo  furnished  at  tho 
U6iinl  rates. 


Approved. 

0.  Delano, 

Secretari/  of  the  Interior. 


APPENDIX  OP  POPJIS. 


To  the  Commissioner  of  Patents : 

Your  petitioner,  a  resident  of - , - ,  prays  that  letters  patent 

bo  grautcil  to  him  for  tlio  invention  sot  forth  in  tho  nnncxod  specification. 


To  tho  Commissioner  of  Patents  ; 

Yonr  petitioners,  residing  respectively  in. - ,  — - ,  and - , 

- ,  pray  that  letters  patent  mny  bo  granted  to  them,  as  joint  invent¬ 
ors,  for  tlio  invention  sot  forth  in  tho  annexed  specification. 


To  the  Commissioner  of  Patents : 

Your  petitioner,  arcsidontof- - ,  prays  that  letters  patent  may 

bo  granted  to  himself  and  0.  D.,  of - ,  as  his  assignee,  for  tho  inven¬ 

tion  sot  forth  in  tlio  annexed  specification,  the  assignment  to  tho  said  0. 
D.  having  been  duly  recorded  in  tho  Patent  Office,  in  liber  — ,  pag^ 

4.  By  an  administrator. 

To  the  Commissioner  of  Patents: 

Yonr  petitioner,  A.  B,  of - ,  - - ,  administrator  of  the  estate 

of  0.  D.,  deceased,  (ns  by  reference  to  tho  duly-certified  copy  of  lottos 
of  administration,  hereto  annexed,  will  more  fully  appear,)  prays  that 
letters  patent  may  bo  granted  to  him  for  the  invention  of  the  said  0. 

D..  sot  forth  in  tho  annexed  specification. 

*  A.  B.,  Administrator,  ivc. 


To  tho  Commissioner  of  Patents : 


executor  of  tho  last  will  and 


of  letters  testamentary,  hereto  annexed,  will  more  fully  appear.)  nmra 
Hint  letters  patent  may  ho  granted  to  him  for  tlio  invention  of  the  said 
0.  D.,  sot  forth  in  the  annexed  specification.  u 

A.  B.,  Executor,  ,0c. 

0.  Poll  A  REISSUE,  (nv  THE  INVENTOR.) 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  of - , - .prays  that  he  may  ho  allowed  to 

to  iZ  M  ra  S  P“,t0,"i  t0r  ""  ^"Pfoveincnt  in  coal-scuttles,  granted 
to  him  May  10,  ISO/,  whereof  he  is  now  sole  owner,  for,  “  whereof  C  D 


Tho  undersigned-  .-isssignc/ 
tho  above-mentioned  letters 
application. 


o  of  tho  entire  for  an  undivided]  interest  in 
pntent,  hereby  assents  to  the  accompanying 


7-  Fob  a  reissue,  (by  assignee.) 

(To  bo  used  only  when  tho  inventor  is  dead,  or  the  original  patent  was 
issued  and  assigned  prior  to  July  S,  1870.) 

To  the  Commissioner  of  Patents : 

Your  petitioners,  of  the  citv  of _  „ 

way  bo  allowed  to  surrender  the  letters  patent  foTT'  U“tth?' 
coal-scuttles,  granted  May  10, 1SC7  t„  K  F  now  £  "  “ 

patent may'bSss'jfed1 to  them for  tl  U'°  °n“r°  i,,tC,'CSt’  n’,,d 
amended  spooiZl,,  a  '  „  for  tI,08a'"«i'‘vention,  upon  the  annexed 
title,  iS  “  . 


3.  Fob  an  extension,  (by  a  patentee.) 

To  the  Commissioner  of  Patents  : 

PnteZ No!  12811^ f«  Zimnrovem  Ti — l - ’  1)rnl's  tl,nt  lcttcrs 

August  17,  1853,  may  ho  oxtondod°for  "  Svt*nni'C,,ei''CSl  grn,,to<1 10  llim 
expiration  of  tho  original  term  '  f  *  ycnrs  from  n,,d  nftcr  tbo 


O.FOR  AN  EXTENSION,  (BY  AN  ADMINISTRATOR.  ^ 
To  tho  Commissioner  of  Patents  • 

Your  peHtionor  A.  B  of - , - ,  administrator  of  tho  e 

|  °f  O. deceased,  (os  by  roferenco  to  tho  duly  cortifled  copy  of  1, 
ot  administration,  hereto  (annexed,  will  more  fully  appear,)  res 
ftt  .  '  >  PWJ*  that  Lottors  Patont  No.  12842,  for  an  iinr 

mont  in  stoves,  granted  to  said  0.  D.,  August  24, 1853,  may  bo  oxti 
for  seven  years  lVom  and  otter  tho  expiration  of  tho  original  term. 

A.  B.,  Aclministra 

0.  Fob  letters  patent  bob  a  design. 

To  the  Commissioner  of  Patents : 

Your  petitioner,  residing  in - , - ,  prays  that  lottors  p 

mny  bo  granted  to  liim  for  the  term  of  three  and  ono  half  yea: 
“  SOV(m  years,”  or  “  fourteen  years”]  for  tho  new  and  original  desi; 
forth  in  the  annexed  specification. 


To  tho  Commissioner  of  Patents : 

.  Your  petitioners  respectfully  represent  that  tho  Arm  of  A.  B.,  0. 

Co.,  is  engaged  in  tho  manufacture  of  woven  fabrics  at _ ,  — 

and  at  — - , - ,  anil  that  tho  said  Arm  is  ontitlcd  to  tlio  oxol 

uso  upon  the  class  of  goods  which  they  manufacture  of  tho  trade- 
described  in  the  nnnoxed  statement  or  spcciAcntion,  [anil  accompni 
facsimile.] 

They  therefore  pray  that  they  may  ho  permitted  to  obtain  protc 
for  such  luwful  trade-mark  under  tho  law  in  such  cases  mado  and 
vided. 


To  the  Commissioner  of  Patents : 

Yoiir  petitioner  represents  that  on  Mny  8, 1808,  ho  died  an  ap 
tion  for  letters  patent  for  nil  improvement  in  churns,  which  npplic 
was  allowed  July  7,  ISOS,  but  that  ho  failed  to  mako  payment  c 
Anal  fco  within  tho  time  allowed  by  law.  [Or,  “  which  npplieatio 
been  rejected  but  has  not  been  abandoned."]  Ho  now  makes  ran 
application  for  letters  pntent  for  said  invention,  anil  prays  tha 
original  spcciAcntion,  oath,  drawings,  and  model  may  bo  used  ns  n 
■  of  this  application. 


IS.  Petition 


1’OWER  OF  ATTORNEY. 


To  tlic  Commissioner  of  Patents: 

Your  petitioner,  n  resilient  of  the  city  of - ,  Stato  of  — 

that  letters  patent  may  bo  granted  to  him  for  the  invention  si 
tbo  annexed  specification ;  and  lie  hereby  appoints  0.  D.,  o 

of  — — State  of - ,  his  attorney,  with  fall  power  of  sn 

and  revocation,  to  prosccuto  tins  application,  to  mnko  niton 
amendments  therein,  to  receive  the  patent,  and  to  transact  al 
in  tbo  Patent  Office  connected  therewith. 

11.  Power  of  attorney. 

If  tbo  power  of  attorney  be  given  at  any  time  other  than  tl|i 
ing  application  for  patent,  it  will  be  in  substantially  tbo  follov 
To  the  Commissioner  of  Patents : 

Tbo  undersigned  having,  on  or  about  tbo  20th  day  of  July,  1 
application  for  letters  patent  for  nu  improvement  in  a  horse-pow 

appoints  0.  D.,  of  tbo  city  of - ,  State  of - ,  his  attoi 

full  power  of  substitution  and  revocation,  to  prosccuto  said  a[ 
to  make  alterations  anil  amendments  therein,  to  receive  tiio  pi 
to  transact  nil  business  in  tbo  Patent  Office  connected  tlierow 


Signed  at - ,  and  Stato  of - ,  this - day  of  — 

15.  Revocation  of  power  of  attorney. 

The  undersigned  having,  ou  or  about  the  20th  day  of  Decora 

appointed  0.  D.,  of  the  city  of - anil  Stato  of _ ,  his 

to  prosecute  an  application  for  letters  patent,  made  on  or  aboi 
day  of  Jane,  1SGS,  for  an  improvement  in  the  running-gear  ol 
hereby  revokes  the  power  of  attorney  then  given. 

Signed  at - , - ,  this  21st  day  of  July,  1809. 

SPECIFICATION. 

10.  For  a  stAcniNE. 


To  all  whom  it  may  concern : 

Be  it  known  that  I,  flioro  insert  tbo  name  of  tbo  inventor  1  o 

in  the  county  of  — — ,  and  Stato  of  - - ,  have  invented  a 

useful  improvement  in  saw-toothing  machines,  which  iinprov 
ully  sot  forth  in  the  following  specification,  reference  being  li 

accompanying  drawings : 

The  object  of  my  invention  is  to  rapidly  form,  on  tiio  blade  o 
saw,  teeth  gradually  decreasing  in  sizo  from  tiio  broad  to  tin 
th,°  tUo  00“WMtion,  in  a  saw-t  tl  g  inoeli 

b“r  a  ’ 1,1  !‘"d  11  oImi,1>  01  its  oauivalont,  with  rollers, 
t  810  forcnrrJ'i'ig  tbo  blade  A,  as  shown  in 
speotivo  view,  Pig.  1,  0f  tbo  nccoinnnnvlii<r  draw L 


43 


«! m 


The  machine  is  llustratcd  more  in  detail  in  tlio  plane  view,  Kg.  3,  and 
in  tho  vertical  section,  J?ig.  2,  hi  which  it  lias  not  boon  doomed  necessary 
to  show  tho  driving  mechanism.  Tho  blade  is  held  by  and  between  tho 
two  upper  rollers,  a  (tho  lnttor  being  a  fecd-rollor,)  and  two  lower 
rollers,  b  b\  and  is  made  to  travorso  in  tho  direction  of  tho  arrow,  at  a 
gradually  decreasing  speed,  by  causing  a  barrel,  D,  to  unwind  a  chain 
or  its  equivalent  from  a  tapering  barrel,  E,  on  tho  shaft  B.  The  sovernl 
shafts  lmvo  their  bearings  in  a  simple  frame,  IT,  tho  front  portion  7t  of 
tho  latter  forming  a  table,  which,  in  conjunction  with  tho  lower  rollors, 
supports  tho  blade,  as  tho  lnttor  is  cniised  to  travorso  with  its  odges  in 
contact  with  the  adjustable  guides  y  y,  on  tho  frame.  In  this  table  is  a 
fixed  die  or  anvil,/,  on  which  tho  blndo  bears,  and  in  which  is  a  triaugular 
notch,  corresponding  iu  shnpo  to  a  punch,  c,  on  a  rapidly  revolving 
disk.  Or. 


As  tho  blndo  moves  at  a  gradually  decreasing  speed  in  tho  direction  of 
tho  arrow,  tho  punch  will  striko  triangular  pieces  from  its  edge,  and  tho 
result  will  bo  tho  formation  of  tho  desired  graduated  teeth. 

It  will  bo  evident  that  tho  driving-barrel,  D,  may  bo  tapering,  and  tho 
barrel,  E,  cylindrical,  or  that  both  barrels  may  bo  tapering,  nud  arranged 
to  reed  gradually  raster  instead  of  gradually  slower,  with  tho  same  result, 
and  that  tho  blade  may  bo  clamped  to  a  guided  sliding  bed,  controlled 
by  a  tapering  barrel  and  cord  or  chain. 

I  claim  ns  my  invention— 

tflio  combination  in  n  saw-toothing  machine,  substantially  as  described, 
of  a  tapering  barrel  and  chain,  with  a  roller  for  feeding  the  blade. 


Witnesses :  O.  D. 

E.  V. 

[Note.— Tho  accompanying  illustration  is  furnished  to  show  what  the 
character  and  general  arrangement  of  a  Patent  Oillco  drawing  should 
be,  and  it  is  given  with  express  reference  to  what  lias  been  said  rela¬ 
tive  to  tho  drawing  for  tho  Official  Gazette.  But  it  must  bo  remembered 
.  that,  in  coiiscqucnco  of  tho  reduction  necessary  to  mnko  it  fit  tho  page, 
tho  character  of  tho  work  itself  is  not  that  which  an  original  drawing 
on  a  sheet  10  by  15  inches  should  possess.  All  the  shaded  parts  in  such 
a  drawing  should  bo  much  more  open,  tho  spaces  between  tho  lines 
being  fully  twice  ns  largo,  so  that  when  the  same  is  reduced  and  photo- 
lithographed  tho  result  may  bo  clear  nud  satisfactory.] 

17.  Eon  a  nsocEss. 

To  all  whom  it  may  concern : 

Bo  it  known  that  I,  [hero  insert  tho  unino  of  tho  inventor,]  of - , 

in  tho  county  of - ,  and  State  of - ,  lmvo  invented  a  now  and 

useful  process  for  separating  smut  and  other  impurities  from  wheat, 
which  process  is  fully  set  forth  in  tho  following  specification: 

This  invention  relates  to  tbnt  class  of  processes  employed  for  removing 


yot  warm?  oifo  nndThnif  ^nnUs'to^Tnwire^  8,nfe<?1  m,<1  'v,,il0 

.i:,r;rrnK  fJtras 

i .  • 

f  swnte,  will  bo  entirely  L  ived  ami  tbo  lio!lr""m  iPr°CCSS’  'ril‘  f,,Ily 
-oto.  tbb  bL"  of  ^eS:,r  'Vi"  b0  "8  ""i(0  “«•  «- 
i  «B  whooping4  U'°  I",rpMC  °f  C‘Can- 

wbolo  being  then  passed  through  L,LZn-bnttPl>0SCd’- aui1  tbo 

lime  newly  slaked  and  while  yet  warn,  W°  iU0P°s°  to  take 

Ij 0  cIaim  oar  inventiou— 

1  rrora  . in . «•>,  «itota„£nj  „  fojSiS.  “  ™UW 

Witnesses :  E.  F.  O  .D* 

G.H. 

in  thYLLrot-^'^^S  of  ,mm°  1  0,0  ta«“torj  of - , 

nsefnl  compound,  called  “  wool  oil  »  ,  ’ bnvo  1,,V0l'ted  n  new  and 

1,1  the  following  specification  -  ’  "I,,cl1  “'"Pound  is  fully  described 

■This  invention  relates  to  ti,„f  t 

wool  in  the  process  of  manufiLn^and  oonlPO““<ls  used  tolnbricnte 
formed  by  mixing  any  one  or  moro  of  Z  J  ,  C°,,S18ts  Ul  n  '“■“Position 
factoring  wool,  suck  as  olive  hml i  8  0r<h,mrily  used  in  maun- 
an  “il-soap.  e’  lnul>  °1'  "Pwaed  oil,  with  a  solntion  of 

To  prepare  tho  wool-oil  taknn.«„„  „ 
vided  tho  quality  ho  good,  and  dissolvi  thL  0i,:80ap  °f  nnrki«<l.  pro- 
thirty  pounds  ofoil-sonp  to  thirtv  Jn°  tU  ?  mo  ln  hot  water,  say  about 
>ty  of  soap  to  saturate  tho  Lte  .  t°‘ ^ 

aforesaid,  to  wit,  the  soap  solution'  STL"*  lttb°  WwMm.  ' 

:: 

neutralizes  the  stearino  in  tho  oil  •  £„«  S,’  becm'60  tho  oil  of  soap 
A,Kl  for t,,osamo ; 


A  compound  consisting  of  nu  oil  or  „ii„  „  ^ 

cation  of  wool,  in  combination  with  »  !  ?,  “arily  USC|1  ■“  tho  lubri- 

|  •  tially  as  and  for  the  purpose  «h  “  "“-"“ft  s,,bs“>“- 


19.  Foil  A  DESIOX. 
r  2b  fill  ic/iom  it  may  concern  : 

Bo  it  known  that  I,  [hero  insert  the  „«• 

arranged  m  groups  of  three,  so  ns  to  form  triangles.  P 

the  tU°  111,0 "I,ite  1,11(1  tbe  sill°  slriPes  «*.  while 

lif  b,ars  ar°  °  g0lrt  aml  ercen  i  but  1 110  “Ot  consider  tho 
|  colors  selected  to  be  an  essential  element  iu  my  design. 

1  nw  mvnro  .tlmt  carpet-borders  composed  or  a  wide  central  stripe  and 
,,,:no"’  “d0  striPcs  “ 10  “ot  now,  and  I  do  not  claim  them.  Tho 
distinctive  character  of  my  design  is  found  in  the  figures,  which  are 
[  ...  "fought  into  a  border  thus  composed  of  stripes. 

; ,  What  1  claim  as  my  invention  is— 

.  ■  A  l'csign  for  a  carpet  iu  which  tho  border  is  composed  of  stripes 

i  ornamented  substantially  in  tho  mnnncr  nbovo  described. 

20.  Fon  A  TItADE-JIAItK. 

To  all  ichom  it  may  concern  : 

Bo  it  known  that  X,  [hero  insert  tho  name  of  tho  applicant,]  of _ , 

in  too  Bounty  of - aml  State  of - ,  linvo  adopted  for - use 

.  <  atrado  inurk  for  cotton  sheetings,  of  which  tho  following  specification  is 
a  full,  dear,  and  exact  description : 

Our  trade-mark  consists  of  tho  words  and  letters  «  S.  N.  &  Co.’s  Buck- 
oyo  Sheetings.”  Tlicso  lmvo  generally  been  arranged  ns  shown  iu  tho 
;  ,  accompanying  drawing;  nbovo  and  below  tho  figure  of  a  man  repro¬ 
secuted  ns  ascending  tho  sidoof  a  mountain  and  carrying  a  banner,  upon 
which  is  inscribed  tho  word  “  Buckeye;”  and  tho  whole  has  been  inclosed 


within  nn  ornamental  bonier,  substantially  like  that  shown  in  the  draw 
iug.  But  tlio  figure  of  tlio  man  with  the  bannermay  bo  omitted,  orso.no 
otlier  dovico  substituted  for  it,  and  tho  border  may  bo  changed  at  pleas- 
uro,  or  omitted  altogether,  without  materially  changing  the  character 
to„0'.,nnrk>  11,0  two  essential  features  of  which  nro  the  letters  . 
S.  N.  &  Co.’s”  niul  tho  word  “Buckeye.” 

This  trade-mark  wo  lmvo  used  in  our  business  for  ten  years  last  past. 
Iko  particular  goods  upon  which  wo  have  used  it  nro  mndo  of  cotton 
and  known  ns  “  sheetings;”  and  wo  have  been  accustomed  to  print  it  in 
bluo  ink  upon  tho  outside  of  eacli  pieco  of  the  manufactured  goods.  Wo 
havo  also  printed  it  upon  labels,  which  lmvo  afterward  bcon  pasted 
upon  tho  separate  pieces  of  sheetings,  and  also  placed  upon  tho  outside  : 
ot  tho  cases  in  which  tho  goods  have  been  packed. 

S.X.&CO., 

Witnesses :  A.  B.,  By  S’ 

C.  D.  ' 

21.  Amendment. 

„  WASHINGTON',  I>.  O.,  Jlltll  20  -lSOD 

To  the  Commissioner  of  Patents:  • 

In  tho  matter  of  my  application  for  letters  patent  for  an  not 

3.  The  combination  of  tho  self-acting  brake  C,  pin  A  and  slotted 
flanges  D,  substantially  as  described,  and  for  tho  pmposes’set  forth 
A.  B.( 

By  0.  D., 

His  A  ttorncy  in  Pact. 

OATHS. 

22.  By  a  sole  inventor. 

’  __  (To  follow  specincation.) 
a  ti  n — r-’  Co"nUj  of — — >  tsi: 

”  “fl‘  “*  “ 

...» 1.  ,«1  ..WHIM  m,  ,„r  orJ]1Mll  £*■ 


tuted  “and  that  ho  is  a  citizen  of  tho  Bopublio  of  Mexico,”  or  “and 
that  ho  is  a  subject  of  tho  King  of  Italy,”  or  “  of  the  Queen  of  Great 
Britain,”  or  as  tlio  case  may  bo. 

It  the  applicants  claim  to  bo  joint  inventors,  tho  oath  will  read  « tlmt 
1  lrs  ”  IT  UC  ICV° ,hCmSClvCS  t0  b0  th0  oriSi'inl.  first,  and  joint  invont- 

If  the  inventor  bo  dead,  tho  oath  will  bo  taken  by  tho  administrator 
or  executor,  and  will  declare  his  helief  tlmt  tho  party  named  as  inventor 
was  tho  original  and  first  inventor.] 

23.  By  an  applicant  for  a  reissue,  (inventor.) 

State  of - ,  City  anil  County  of - ,  ss: 

A.  B.,  tho  above-named  petitioner,  being  duly  sworn,  (or  affirmed,) 
deposes  and  snys  that  ho  verily  behoves  tlmt,  by  reason  of  an  insufficient 
or  defective  specification,  his  aforesaid  letters  patent  nro  iuoperntivo  or 
invalid  ;  that  tlio  said  error  has  arisen  from  inadvertence,  accident,  or 
’  mistake,  and  without  any  fraudulent  or  dcceptivo  intention,  to  tho  best 
of  his  knowlctlgo  and  belief;  tlmt  ho  is  tlio  solo  owner  of  said  letters 
patent;  for,  “that  E.  F.  is  tlio  solo  owner  of  said  letters  patent,  and 
that  this  application  is  made  on  tho  behalf  and  with  tho  cousent  of  said 

E,  F.;”]  and  tlmt. ho  verily  believes  himself  to  bo  tho  first  and  original 
inventor  of  tho  improvement  set  iortli  and  claimed  in  this  amended 
specification. 

-  A.B. 

Sworn  to  and  subscribed  beforo  mo  this  2Cth  day  of  July,  1809. 

O.D., 

Notary  Public. 

[Notarial  aval.] 

24.  By  .in  applicant  for  a  reissue,  (assignee.) 

(To  bo  used  only  when  tho  inventor  is  dead  or  when’ tho  patent  was 
issued  and  assigned  prior  to  July  8, 1870.) 

State  of - ,  County  of - ,  ss: 

A.  B.  and  0.  D.,  tho  abovc-iinmcd  petitioners,  being  duly  sworn,  (or 
affirmed,)  deposo  and  say  that  tlioy  verily  beliovo  that,  by  reason  of  nn 
insufficient  specification,  tho  aforesaid  letters  patent  granted  to  E.  F. 
aro  iuoperntivo;  tlmt  tho  said  error  1ms  arisen  from  inadvertence,  acci¬ 
dent,  or  mistake,  and  without  any  fraudulent  or  dcceptivo  intention,  to 
tlio  best  of  their  knowledge  and  belief ;  that  tlio  outiro  title  to  said  let¬ 
ters  patent  is  vested  in  them;  and  tlmt  they  verily  bclievo  the  said  E. 

F.  to  bo  tho  first  and  original  inventor  of  tho  invention  set  forth  nnd 
claimed  in  tho  foregoing  amended  specification:  and  that  tlio  said  E.  F. 


Sworn  to  nnd  subscribed  beforo  mo  this  14th  day  of  November,  1809 
A.B., 

Justice  of  the  Peace. 


- — ii— iimj 


-o.  AN  APPLICANT  FOB  EXTENSION,  (PATENTEE.) 

State  of - ,  County  of - ,  ss: 

A.  33.,  the  above-named  applicant,  being  duly  sworn,  (or  affirmed) 
deposes  and  says  that  tlio  foregoing)  statement  and  account  by  him 
signed  nro  correct  and  truo  iu  all  respects  and  (particulars,  to  tho  best 
ot  his  knowledge  and  belief.  ,  cst 

Sworn  to  and  subscribed  before  me  this  1st  day  of  November)  A^D. 


20.  By  an  applicant  fob  an  extension,  (executor.) 

State  of - ,  County  of-- _ ,  {s; 

ilctnfo'/hCJnt0\°!  th°  lllSt  nnd  testnmcnt  °r  Simon  Nowcome, 
deceased,  being  duly  sworn,  (or  afllrmcd,)  deposes  nnd  says  that  tho 
foregoing  statement  and  account  by  him  subscribed  nro  correct  and  trao 
in  ail  respects  and  parties. are,  to  the  best  of  his  informntio.rkno  JweS: 

A.  B., 

o_„„,  .  '  ,  Executor,  <Cc. 

Sworn  to  and  subscribed  before  mo  this  20th  day  of  May,  1S09. 

0.  D., 

Justice  of  the  Peace. 

til.  Supplemental  oatii  to  Acemn-m-  . 

ACCOMPANA  A  NEW  OB  AN  ENLARGED 
CLAIM. 

State  of - ,  County  of _  ss. 

drmsw’arTd 

ssgssss 

Sworn  to  nnd  subscribed  before  mo  this  Uth  day  of  July,  1870^  B’ 
O.D., 

Justice  of  the  Peace. 

.  .  28<  0ATlt  AS  10  ™5  LOSS  OF  LETTERS  PATENT. 

State  of - ,  County  of _ ,  ,*  .  , 


aSSSr* 

^  «»t  l»  to  »0t  to,,  dJolZui,"  *“*•  “  “»«  -l 

Subscribed  and  sworn  to  beibre  me  this  5tk  day  of  October,  m  . 

0.  D., 

Justice  of  tho  Peace. 

29.  OATH  OF  ADMINISTRATOR  AS  TO  THE  LOSS  OF  LETTERS  PATENT-; 
State  of - ,  County  of - ,  8S; 

A.  B.,  of  said  county,  being  duly  sworn,  doth  depose  and  say  that  l,o 
is  administrator  of  tho  estate  or  13.  X,  deceased,  late  of  Boston,  in  said 
county;  that  the  bettors  Patent  No.- 12219,  granted  to  said  IS.  X,  and 
bearing  date  on  tho  9th  day  of  January,  A.  D.  1S35,  have  been  lost  or 
destroyed,  as  ho  verily  belioves;  that  ho  has  made  diligent  search  for 
the  said  letters  patont  in  all  places  where  the  same  would  probably  bo 
found,  it  existing,  and  especially  among  the  papers  of  tho  decedent,  and 
tiiat  he  has  not  been  able  to  liud  said  letters  patent. 

A.  B., 

Administrator ,  <£u 

Subscribed  and  sworn  to  before  mo  this  uth  day  of  October,  1808. 

0.  1)., 

Justice  of  the  Peace. 


State  of - ,  County  of - ,  ss: 

A.  B.,  being  duly  sworn,  deposes  and  says  that  he  is  a  member  of  tlio 
Gnu  of  A.  B.,  O.  1).  &  Co.,  abovo  named ;  that  ho  verily  believes  that 
said  firm  has  tho  right  to  tho  uso  of  the  trade-mark  described  in  tlio 
foregoing  spccillcation,  and  that  no  other  person,  firm,  or  corporation 
lias  tho  right  to  such  use,  either  iu  tho  identical  form  or  having  stick 
near  resemblance  thereto  ns  might  bo  calculated  to  deceive;  nud  that 
tho  description  and  fau-simile  presented  for  record  nro  truo  copies  of  ■ 

:  the  trade-mark  sought  to  bo  protected,  and  that  lie  resides  in - 

and  all  tho  other  members  of  tho  firm  reside  at - ,  in  the  Stnto  of 

f- - ;  and  that  they  aro  all  domiciled  in - ,  nnd  nro  citizens  of 


Sworn  to  nud  subscribed  before  mo  this  15th  day  of  July,  1870. 


APPEALS. 

31.  FROM  THE  EXAMINER  TO  THE  EXAMDiEBS-lN-OniEP. 

To  tho  Commissioner  of  Patents! 

Sib  :  I  Iioroby  appeal  to  tho  examincrs-in-chior  from  tho  decision  of 
tho  principal  oxnminer  in  tho  liiattor  of  my  application  for  lottois  patent 
for  an  iinprovomont  in  wngon-brnltes,  which,  on  tho  20th  day  of  July 
18C9,  was  rejected  tho  second  time.  Tho  following  are  assigned  for  rea 
sous  of  appeal :  (Hero  follow  tho  reasons.) 

A.  B. 

31«.  From  tub  examiner  or  trade-marks  to  the  Commissioner. 
To  the  Commissioner  of  Patents: 

-  1  I‘f'oby  "M®1*1 10  y°“  in  l>orson  from  tiio  decision  of  tho  exam¬ 

iner  ot  trade-marks,  dated  November  15, 1872,  in  tho  matter  of  my  ap. 
plication  for  the  registration  of  a  trade-mark  for  cigars.  Tho  following 
aie  tho  reasons  assigned :  (Hero  follow  tho  rcasous.) 

32.  From  the  examiner  in  charge  op  interferences  to  the 

EXAMINERS-IN-CHIEF. 

To  the  Commissioner  of  Patents; 

Sir  :  I  hereby  appeal  to  tlio  exnmiuors-iii-chief  from  tho  decision  of  • 
the  principal  examiner  in  charge,  in  the  matter  of  the  intcrfcrenco  be 
tween  my  application  for  letters  patent  for  improvement  in  sowing-ma 

??  iettn  »  i»  j*  prS  z: 

O.  D. 

33.  From  the  examiners-in-ohief  to  the  Commissioner. 

To  the  Commissioner  of  Patents; 

O.  D. 

34.  FROM  THE  OOMMSSIONER  TO  THE  SUPREME  COURT  OF  THE 

DisrniGT  op  Columbia. 


useful  iinprovomont  in  velocinod™.  n  , 

1870,  ho  applied  to  tho  Patent (Jlllco o  t  io'n.'o bi°«  tto l8t dtly  of  May, 
tho  same,  [or  for  tho  rcissno  of  n  n«to,1t  ^Jf  i  ?d,Stflte3  for  51 foi 
Juno  10, 1802,]  and  complied  with  the  mf,  0'  tll01'0l°1'  under  date  ol 
1  of  (Jo"G"^,  and  with  tho  rules  of  °f  tU°  S0V0I”a 

eases}  tl.at  his  said  application  was  reject'd  ?  «  clibe(1  iu  “oh 
■  Intents  on  appeal  to  him  on  or  about  Tm  on  ,bj  4 10  Co,n|nissiouor  of 
in  said  Olllco  duo notico  to  tho  OomtataSmmor? V  *""*  ho  lllls 
peal,  accompauiod  with  tho  reasons  f  Pttt<mt8of  ‘his  hisap. 

siouor  has  furnished  him  with  comi)iotnnil  aI’<.n"d  tlmt  tho  Oommis- 

andevidoncoin  ttaonso^Ul^S  ^  morn 

of^eal,  accompany  this 

;  determined  byyom-  "W?1  Ulay  b°  beard  and 

pointed  for  that  purpose-  and  that  '  y  "no  118  bo  ap- 

bo  duly  notified  of  the  of  Pnt°«ts  nmy 

thereof  to  tho  parties  interested.  ^  *  hnt  nmnnorto  Siv®  notice 


,  respectfully  showo°th :  That  ho  ba^eSroinvonted^l^ 


To  tho  Commissioner  of  Patents;  ? 

‘  gives  notice  that  iio'has0 nppoafed^rom  vourV^0  °f - ’  heraby 

E'“,“ . . .  « “"•«>  ji,;;: 

.arr.src“'”r,,''“a“'1^ . . 

A.B. 

^  *»**«**  COURT  IN  APPEARS  FROM  THE  COM- 

missioned  01'  Patents,  adopted  November  so,  1870. 

;  fSSfZSS? *•  “  - -A  -  — 

[  |  “To  the  Supreme  Court  of  the  District  of  Columbia,  in  bane, _ 187- 

ritmDisMMe  r‘ - - '  “  oitizcl1  of - » i«  the  [State}  Ter - 

I  >'•  «?’  u  l !!  ‘ - ’  fcspcctfnHy  shows  ns  follows : 

I  Kct  JJ0?4  f  - <lny  of - >  18~»  I  invented  [describe  the  sub- 

; pate„t  Office]™*  1"'C'U  *"  "‘C  u1ei,l,eal  Kor,u  °f  thc  application  to  the 

l';  latr^i  0,1  tlH> '  <bly  of - 1 18— i  i“  tho  manlier  prescribed  by 

‘w,  i  presented  my  application  to  tho  Patent  Olllco,  praying  that  a  pat- 
;  eat  bo  issued  to  mo  for  said  invention. 


“o.  Such  proceedings  were  lmd  in  said  Office,  upon  said  application, 
that  on  the - day  of - ,  18 — ,  it  was  rejected  by  the  Commis¬ 

sioner  of  Patents. 

“(J.  1  thereupon  appealed  to’  tin's  court,  null  gave  notice  thereof  to 
the  Commissioner  and  tiled  ill  his  Offico  tho  following  reasons  for  said 
appeal : 

“  c.  Tho  Commissioner  of  Patents  1ms  furnished  me  a  complete  copy 
of  all  tho  proceedings  in  his  Offico  upon  my  said  application,  which  copy 
has  been  tiled  herewith,  and  is  to  bo  taken  us  part  hereof. 

“/.  And  thereupon  X  pray  that  tho  court  do  roviso  and  rovorso  said 
decision,  to  tho  end  that’  justice  may  bo  done  in  tho  promises. 

2.  This  petition  shall  bo  tiled  in  tho  clerk’s  offico  of  this  gourt;  and  as 
soon  as  tho  petitioner  1ms  made  tho  deposit  required  by  law  at  tho  com¬ 
mencement  of  suits  in  this  court,  or  said  deposit  has  been  dispensed  with, 
tho  clerk  shall  enter  tho  ease  in  a  docket  to  bo  provided  by  him  for  tho 
purpose,  and  in  which  a  brief  of  said  tiling  and  of  all  subsequent  pro¬ 
ceedings  in  tho  ease  shall  bo  entered  ns  and  when  tlioy  successively  occur, 
down  to  and  including  tho  ilnnl  decision. 

3.  The  clerk  shall  provide  a  mimite-book  of  his  office,  in  which  he 
shall  record  every  order,  rule,  judgment,  or  dccreo  of  tho  court  in  each 
case,  in  tho  order  of  timo  in  which  snid  proceedings  occur ;  nud  of  this 
book  there  shall  bp  two  alphabetical  indexes,  one  showing  the  name 
of  tho  party  applying  for  tho  patent,  nnd  tho  other  designating  tho  in¬ 
vention  by  its  subject-matter  or  name. 

■X.  The  cases  in  tlio  docket  of  causes  shall  bo  successively  numbered 
from  No.  1  onward,  and  each  case  shall  also  bo  designated  by  tho  num¬ 
ber  nssigned  to  it  on  tho  records  of  the  Patent  Office. 

5.  This  docket  shall  bo  called  for  tiio  trial  of  tho  cases  thereon  on 
tho  first  day  ot  each  session  of  this  court  in  general  term,  provided  tho 
petition  lias  been  Hied  ten  days  before  tho  commcncomciit  of  tho  term. 

0.  Tho  opinions  of  tho  court,  when  written,  shall  bo  kept  by  the  clerk 
in  tho  order  of  their  delivery  and  in  a  temporary  book-ffie,  indexed ;  and 
when  so  ninny  have  been  delivered  ns  will  make  a  volunio  of  convenient 
sizo  lie  shall  cause  them  to  bo  bound. 

7.  Tlie  clerk  shall  famish  to  any  applicant  a  copy  of  any  paper  in  any 
of  said  appeals  on  payment  of  tho  lawful  Tees. 

8.  Hearings  of  said  nppenls  shall  bo  subject  to  tho  rules  of  tho  court 
provided  for  other  causes  therein. 

0.  When  the  testimony  of  tho  Commissioner,  or  of  any  examiner, 
touching  tho  principles  of  invention  in  question  shall  bo  deemed  ncccs 
sary,  it  shall  bo  taken  orally  in  opuu  court,  unless  otherwise  ordered  by 
tho  court.  And,  in  sacli  enso,  tho  court  mny  order  it  to  be  reduced  to 
writing',  and  tiled  or  entered  on  its  minutes,  if  it  think,  proper. 

10.  Tho  ilnnl  judgment  or  ordor  of  tho  court  skull  not  recite  any  of  tho 
facts  mndo  to  appear  in  tho  caso,  but  shall  bo  to  tho  following  effect: 


:  °®c0’  r«"‘l  upon  the  te88timonyTthoX“nm^iro°r^f  Patente,]  fofono 

It  s I  thereupon  ordered  and  adjudged  that  tho  [petition  bo  dis¬ 
missed]  [Comiiiissionor  do  issue  to  the  petitioner  a  patent,]  [as  prayed,  1 
[granting  the  petitioner  (so  and  so.)]  J  1  y 

“And  that  tho  clerk  of  this  court  trnnsniit  to  tho  Commissioner  of 
Patents  a  copy  of  this  decree  duly  authenticated." 


To  tho  Commissioner  of  Patents:  : 

•  Your  petitioner,  A.  B.,  of  - - ,  county  of - ,  and  State  of 

- ,  represents  that  ho  has,  by  grants  duly  recorded  in  tho  United 

Stntcs  rntent  Office,  (liber  -,  p*.  _,)  become  tho  ownor  of  an  exclusive 
:  right  within  nnd  for  tho  several  States  of  (Maine,  New  Hampshire,'  nnd 
..  "Vermont, )  to  mnko,  use,  and-  vend  to  others  to  bo  used,  a  certain  im¬ 
proved  mechanical  movement,  for  which  letters  patent  of  tho  United 

States  were  granted  to  0.  D.  or - ,  in  tho  county  of _ ,  and 

Stato  of - ,  April  1,  1809;  that  he  has  reason  to  beliove  that, 

through  inadvertonco,  accident,  or  mistake,  tho  specification  and  claim 
of  snid  letters  patent  aro  too  broad,  including  that  of  which  said 
;  pntciitco  was  not  tho  first  inventor.  Your  petitioner,  tkeroforo,  hereby 
"  cutors  his  disclaimer  to  that  part  of  tho  claim  in  said  specification  which 
is  in  tho  following  words,  to  wit: 

“  1  also  claim  the  sleeves  A  B,  having  each  a  friction  cam,  0,  and  con¬ 
nected,  respectively,  by  means  of  chains  or  cords  K  L  nnd  M  N,  with  an 
oscillatory  lever,  to  operate  substantially  as  herein  shown  nnd  described.” 


The  potitiou  of  A.  B.,  of - ,  in  tho  county  of - ,  and  Stato  of 

- ,  respectfully  represents : 

That  lie  has  mado  certain  improvements  m  velocipedes,  nnd  tlint  ho 
is  now  engaged  in  making  experiments  for  tho  pnrposo  of  perfecting  tho 
i  snino,  preparatory  to  applying  for  lotlers  patent  therefor.  Uo  therefore 
:  prays  that  tho  subjoined  description  of  his  invention  may  bo  fifed  ns  a 
caveat  in  tho  confidential  archives  of  tho  Patent  Offico. 

I  v -  •  A.  B. 

,  SjicciJication. 

Tho  following  is  a  description  of  my  newly-invented  velocipede,  wliiok 
•  ''•»  ns  full,  clear,  and  exact  as  I  am  nblo  at  this  time  to  give,  rcforonce 
v  being  had  to  tho  drawing  hereto  annexed. 


This  invoution  relates  to  that  olass  of  velocipedes  in  which  tlioro  nro 
two  wheols  connected  by  a  beam  forming  a  saddle  for  the  ridor,  tbo  foot 
boing  applied  to  cranks  that  rorolvo  tbo  front  wheel. 

Tbo  object  of  uiy  invoution  is  to  render  it  unnecessary  to  turn  tbo 
front  wheel  so  much  ns  heretofore,  and  at  the  same  time  to  fnoiiitnto  the 
taming  of  sharp  curves.  This  I  accomplish  by  iltting  the  front  nud  the 
kiud  wheols  on  vertical  pivots,  and  connecting  them  by  menus  of  a 
diagonal  bar,  ns  shown  in  tbo  drawing,  so  Hint  tlio  tinning  of  the  front 
wheel  also  turns  tho  bnok  wheel  with  a  position  at  an  angle  with  the 
beams,  thoroby  enabling  it  easily  to  turn  a  curvo. 

In  tho  drawing,  A  is  tho  front  wheel,  B  tho  hind  wheel,  and'  0  tho 
standards  extending  from  tho  nxio  of  tiio  front  wheel  to  tho  vertical 
pivot  a  in  tho  beam  b,  and  D  is  tho  cross-bar  upon  tho  end  of  a  by 


r  [Tlio  form  of  oatli  will  be  substantially  that  provided  for  original  ap¬ 
plications,  except  that,  ns  a  caveat  can  only  bo  tiled  by  a  citizen,  or  an 
alien  who  has  resided  for  one  year  last  past  in  tho  United  Stntes,  nud 
made  oath  of  lus  intention  to  become  a  citizen,  tho  oath  ibould  bo 
modified  accordingly,] 


38.  Op  an  undivided  fractional  interest  in  an  invention  be- 

POKE  THE  ISSUE  OP  LETTERS  PATENT. 

In  consideration  of  ono  dollar,  to  me  paid  by  O.  D„  of' _  I  do 

t  r  T-iea  t0,saitl  °-  D-  nn  m,dividc<1  talfof  -H  my  right 
itle,  and  interest  m  and  to  a  certain  invention  in  plows,  as  fully  set 
forth  and  described  in  tho  specification  which  I  havo  prepared  fif  tho 

ST10"  1,118  bee“  nIr°‘l<ly  mnd°’  Say  “  and  flIcd”J  preparatory  to  oh- 
taming  letters  patent  of  tho  United  States  therefor:  And  I  do  hereby 
U‘'l0riZ0  aud  ^"cst  tho  Commissioner  of  Patents  toissno  tho  said 
letters  patent  jointly  to  myself  and  tho  said  0.  D.,  our  heirs  nud  assigns. 
Witness  my  hand  this  10th  day  of  February,  1808. 

39.  Op  THE  ENTIRE  INTEREST  IN  LETTERS  PATENT. 

In  consideration  of  flvo  hundred  dollars,  to  mo  paid  by  0  D  of 
——,1  do  hereby  sell  aud  assign  to  tho  said  0.  D.  nil  my  right,  title, 
f"d‘  C‘f !“  alld tl;°  *ettors  lmt°nt  of  tho  United  States  No.  -11800 
for  an  improvement  iu  locomotivo  head-lights,  grouted  to  me  July  30, 


trey  ns  tho  same  would  have  been  Md  anfen  ’  i?'^  aad  ea’ 
assignment  and  sale  had  not  boon  niado  *  d  J  y°d  by  mo  if  tWa 
i  WitUCSS  ,ny  l,a,ld  «><s  10th  day  of  Juno,  1809. 

4‘  A.B. 

‘10.  Op  AN  UNDIVIDED  INTEREST  IV  tup  Trm,n.m 

SION  THEREOF  AND 

In  cousidoration  of  one  thons-imi  ,i„u„„„  . 

- - >  I  do  horoby  soli  and  assign  to  tho  said  0°  n'm  br  °;-D.'’,of 

fourth  part  of  all  inV  right  tin-  i  •  f  8a«‘  0.  D.  ono  undivided 
patent  of  tho  United  States  No  lots'-  tv, ltclcst  1,1  aml  to  tho  letters 
:  stoves,  granted  to  mo  Jh,  - 10  “s  ^thn In  ‘  ""TT™*'"'  cooki“S- 

a*  .  .  ^  "ouM  luvvo  been  hold  and  oiijoycd  bv  mo  if 

this  assignment  and  salo  had  not  been  made  U  J  J  11,0  lf 

Witness  my  hand  (Ids  7th  day  of  January,  1809. 

A.  B. 

i '  •«.  Exclusive  territorial  grant  by  an  assignee. 

V  In  consideration  of  ono  thousand  dollars,  to  me  paid  by  O.  D„  of 
77-“,  1  d0  l,eroby  em,,t  aml  convoy  to  the  said  0.  D.  tbo  cxclusivo 

right  to  uinko,  use,  and  vend  within  tho  Stato  or - and  in  no  other 

place  or  places,  the  improvement  in  coru-planters  for  which  letters 
patont  ol  the  United  States,  dated  August  lo,  1S07,  were  granted  to 
E.  F.,  anil  by  said  K.  F.  assigned  to  1110  Docomber  3, 1S07,  by  an  assign- 
mont  duly  recorded  in  liber  X“,  p.  -110,  of  tho  records  of  tho  Patent 
Ofilce,  tho  snmo  to  bo  held  and  onjnycd  by  tbo  said  0.  D.  as  fully  and 
entirely  ns  tho  sumo  w-ould  have'  been  hold  and  onjoyed  by  1110  if  this 
grant  had  not  been  made. 

Witness  my  baud  this  10th  day  of  Unroll,  1808. 

A.  B. 

42.  License— siiop-RionT. 

;  In  cousidoration  of  fifty  dollars  to  bo  paid  by  tho  firm  or  S.  J.  &  Co., 

- i  I  do  horoby  lieonso  ami  empower  tbo  said  S.  J.  &  Co.  to 

manufacture,  at  a  singlo  foundory  and  muoltiuo  shop  in  said - ,  nud 

.  I® 110  other  place  or  places,  tbo  improvement  in  cottou-secd  planters  for 
;  whicli  lottors  patent  of  tbo  United  Stntes  No.  71840  wore  grnuted  to  mo 
,  November  13,  1808,  aud  to  sell  tho  machines  so  iimnul'neturod  through* 
out  tho  United  States,  to  tho  lull  cud  of  tho  term  for  wliioh  said  letters 
j  patent  nro  granted. 

;  Witness  my  hpnd  this  22d  day  of  April,  1809. 


43.  LICENSE— NOT  EXCLUSIVE— WITH  ROYALTY. 

This  ngi'ooinont,  mndo  this  12tli  (lay  of  Soptomber,  1808.  between  A.  B. 
party  of  the  first  part,  and  0.  D.  &  Oo.,  party  of' tho  second  jmrt.  wit 
ncssoth,  that,  wliereas  letters  patent  of  the  United  States  for  nil  ini- 
provemontin  horse-rnhes  woro  granted  to  the  party  of  the  first  part, 
dated  October  4, 1807 ;  and  wliereas  the  party  of  the  second  part  is  do- 
sirous  of  manufacturing  horse-rakes  containing  said  patented  improve¬ 
ment:  now,  therefore,  tho  parties  hnvo  agreed  as  follows: 

I.  The  party  of  tho  first  part  hereby  liconses  and  empowers  the  party 
or  the  second  part  to  manufacture,  subject  to  tho  conditions  hereinafter 

named,  at  their  factory  in - ,  and  in  no  other  place  or  places,  to  the 

end  of  the  term  for  which  said  letters  pntont  were  granted,  horse-rakes 
containing  tho  patented  improvements,  and  to  soli  tho  same  within  tho 
United  States.  ' 

II.  The  party  of  tho  second  part  agrees  to  mako  fiill  and  truo  returns 
to  tlie  party  of  tho  first  part,  under  oath,  upon  the  first  days  of  July  and 
January  in  each  year,  of  all  liorso-rnkcs  containing  tho  patented  improve¬ 
ments  manufactured  by  them. 

III.  Tho  party  of  tho  second  part  agrees  to  pay  to  tho  party  of  tho  first 
part  live  dollars,  ns  a  hcenso-fec  upon  ovory  horse-rake  manufactured  bv 
said  party  of  tho  second  pnrt  containing  tho  patented  improvements": 
provided,  that  if  tho  said  feo  bo  paid  upon  the  days  provided  heroin  for 
semi-annual  returns,  or  within  ten  days  thereafter,  a  discount  of  fifty 
per  cent,  shall  bo  made  from  said  feo  for  prompt;  payment. 

IV.  Upon  a  failure  of  the  party  of  tho  second  part  to  make  returns 

or  tl . 110  1M‘J  n,eut  of  liconso-fees,  as  heroin  provided,  for  thirty  days 

a.tcr  tho  days  herein  named,  the  party  of  tho  first  part  may  terminate 
this  license  by  serving  a  written  notice  upon  tho  party -or  tho  second 
pait;  but  the  party  of  tho  second  part  shall  not  tlioraby  bo  disclaimed 
ironi  any  liability  to  tho  party  of  tho  first  part  for  nny  liconso-fees  duo 
at  tuo  time  ol  the  service  of  said  notice. 

In  witness  whereof  tho  parties  nbovo  named  (tho  said  Uniontown 
Agi {cultural  Works,  by  its  president)  hnvo  lierounto  sot  tlioir  hands  tho 
day  and  year  first  abovo  written. 

A.  B. 

0.  D.  &  00. 

-W.  Transfer  op  a  trade-mark. 

We,  A.  B.  and  a  D.,  of  — — ,  partners  under  tho  firm-name  of  B.  & 

.,  consideration  of  flvo  hundred  dollars  to  us  paid  by  J3.  J?„  or  tho 
°  1,e™1>y  assign,  and  transfer  to  tho  said  E.P.nnd 

Stoves  IwiiT  r?/  t0  US0  iB  th0  amiinfaeturo  and  sale  of 
stot  es  a  certain  trade-mark  for  stoves  deposited  by  us  in  tho  United 
States  Patent  Office,  and  recorded,  therein  July  15, 1870;  tho  sni'no  to  bo 
Hold,  enjoyed,  and  used  by  tho  said  0.  F.,  as  fully  and  entirely  as  tho 


sanio  would  have  been  held  and  enjoyed  bv  ns  ir 
made.  J  1  “  UJ 118  “tins  grnnt  had  not  boon 

Witness  our  hands  this  20th  day  of  July,  i8y(li 


45.  Statement  and  account. 

In  tho  matter  of  the  application  of  a  u  „r., 

To  tho  Commissioner  of  Patents- 

“  . . . 

=Mra,Ta\-E3i,'ss 

wns  <'teslnL°S>Tt‘anS;  bUt,’  t"’°  yCIU'S  aft0I'vnrtl>  tl10  establish., lent 
was  destroyed  by  tire,  without  ju s, . ranee.  In  the  exposure  at  the 
5?  °  eont,  itted  i  1  c  so  I  cl  co  fined  I  to  tie  lo  c 
for  three  years,  when  lie  died,  leaving  applicant,  his  executrix  auil 
widow,  with  a  large  family  and  small  means.  Nevertheless,  applicant 
made  every  effort  to  induce  manufacturers  to  uso  tho  improvement 

aim  at  lust  succeeded  in  inducing  tho  firm  of  0.  T.  .<fc  Co.,  of _ 

to  rcconimeiiCfc  tho  inniiufiictiire  of  the  machines.  But  alter  four  years 
tho  firm  failed,  being  largely  in  debt  to  applicant  for  royalties.  After 
,  this  it  beenmo  impossible  for  applicant  to  do  anything  with  tho  iiivcu- 
;•  tion.  She  wrote  to  various  manufacturers,  anil  mndo  personal  appli- 
;  cation  to  others,  but  found  them  unwilling  to  innko  arrangements  to 
Pay  royalties,  or  to  use  tho  invention  in  any  way,  unless  sho  would  sell 
too  patent,  including  tho  extension,  for  a  nominal  sum.  Sho  states,  how- 
:  over,  dint  she  has  at  length  succeeded  in  perfecting  nil  agreement  with 

;  G.  H.  &  Oo.,  of - ,  conditioned  upon  tho  extension,  whereby  tho 

!  “'d  flrl“  agreed  to  manufacture  tho  pntonted  machines,  nud  to  pay  her 
l  n  ro-V«lty  of  throe  dollars  upon  cncli  ono  mndo.  Aside  from  tho  interest 
;  so  vested  in  G.  H.  &  Co.,  tho  entire  interest  in  tho  oxtonsion  remains 
j  -Tested  in  her,  and  sho  has  made  no  assignment,  contract,  or  agreement 
of  any  kind  for  tho  sulo  or  assignment  of  the  extended  term  to  any  per- 
son  whatsoever. 

The  following  is  bcliovcd  to  bo  a  corrcot  statement  of  recoipts  aud 
'  expenditures,  nud  is  as  full  ns  it  is  posslblo  to  mako  it: 


58 

Receipt*. 

Fiom  proilfs  from  busiaoss,  (for  particulars  or  which  soo 

Schedule  A) .  $1,230  00 

From  royalties  from  E.  T.  &  Oo.,  (for  details  of  which  sco 

Schedule  B)  . .  .  2, 341  00 

From  sale  of  shop-right  to  L.  51 .  230  00 

Total  receipts'. .  3,827  00 

Expenditure*. 

Exponso  of  procuring  patent .  200  00 

Net  receipts  . . • .  3,077  00 

Tlio  invention  is  exceedingly  useful,  as  will  ho  abundantly  proved. 
Tho  testimony  will  show  that  it  lias  been  introduced  upon  20,000  mow¬ 
ing-machines,  and  has  increased  tho  value  or  said  inacliincs  not  less 
than  throo  dollars  each.  It  is  ovidont,  thcreforo,  that  tho  public  have 
,  *JCCQ  greatly  bonedted  by  tho  uso  of  this  invention  j  wliilo  the  fact  that 
0.  D.  invested  his  entire  tiino  and  means,  uud  llnnlly  lost  his  lifo  in  tho 
prosecution  of  his  invention,  is  respectfully  ottered  ns  proof  thnt  ho  1ms 
not  been, adequately  remunerated  for  his  time,  ingenuity,  and  oxpenso 
bestowed  upon  this  invention,  and  tho  introduction  thereof  into  use, 

)  Respectfully  submitted. 

A.  B.,  Executrix. 

[Hero  fullmvH  oath.  Sco  Form  S5.] 

40.  Reasons  of  opposition  to  an  extension,  (by  individuals.) 
Iu  tho  ma  tter  of  tho  application  of  A.  B.  for  an  exteution  of  letters  pat- 
1855  ^  1"lprovomonts  in  B®wiug-machiucs,  No.  12213,  dated  May  15, 

To  the  Commissioner  of  Patents: 

Wo  wish  to  oppose  tho  application  above  referred  to,  for  tho  following 
reasons,  viz :  ° 

First.  Applicant  was  not  tho  original  nnd  lirst  invontor  of  tho  im¬ 
provement  claimed  by  him  iu  said  letters  patent,  tho  snmo  having  been 
^ully  described  iu  tho  English  patent  No.  27,  or  tho  your  1853. 

» ~ ">•  •W-* 

PnlrH,  Sa\ d  i1,.ivo“ti1°"  i8,not  v,dmblc  '»»<>  important  to  tho  public. 
fTAmn-f  -^PPi'cunt  has  been  adequately  remunerated  tor  his  tiino,  in- 
gonuitj.and  expense m  originating  nnd  perfecting liis alleged  inven- 

dne  dnieonc° in  bis  ^ 


Sixth.  Applicnut  has  assigned  to  mi,„ 
teiuion ,  nnd  tho  monaiM1,  fr  ^^*^5**“ oU ‘“‘enaf  In tUn <a. 

r,  .t7ss&a«-*®asa  i  recorded  Juno  2, 1804, 

a  true  atatomonUH^  do  notpresont 


DEPOSITIONS. 

d7.  Notiob  of  taking  testimony. 

•  t  Boston,  Massachusetts,  March  29  lsao 

1  q„,  V-  ’  "lg  heforo  tho  Ooininissioncr  of  Patents. 

-  tho  onico  vr“  y  "rci  ‘hat  0,1  Wednesday,  March  31,  I860,  at 
.  no  oWm-b  M  M  V  '1'’  'r  °  Court8tl*ct,  Boston,  Massachusetts  at 
'  ■  "dock  n  tho  forenoon,  I  shall  proceed  to  take  tho  testimony  of  G 
H  J.  1C.,  and  Ii.  M.,  all  of  Boston,  as  witnesses  in  my  behalf. 

^reh“Z!,imr  T1"  <i°"ti,lno  from  day  to  day  until  completed.  You 
attend  nml  cross-oxiimino. 

t  A.B., 

I - ,  Providence,  Rhode  Island.  **  *  Q'’  AUom!>- 

Proof  oj  service. 

State  of - ,  County  of - ,  ss: 

Personally  appeared  before  mo,  a  justico  of  tho  peace,  tho  above-named 
...  ’  wl,0»  be,"S  d'dy  sworn,  deposes  ami  says  that  ho  served  tho  abovo 
I  "P011  °-  r-i  tlio  attornoy  of  tho  said  O.  D.,  at  ono  o’clock  p.  m.  of 

I  tho  oOtli  day  of  March,  1809,  by  leaving  a  copy  at  his  olllco  in  Provi- 
I  •;  Hence,  Rhodo  Island,  iu  clmrge  of  his  pnrtnor,  It.  S. 

a  A.B. 

Sworn  to  and  subscribed  before  mo  this  31st  day  of  March,  1809. 

E.  F. 

•  (Sorvico  may  bo  acknowledged  by  tlio  party  upon  whom  it  is  made  ns 
follows: 

.  Sorvico  of  tho  abovo  notice  acknowledged. 

O.D., 

By  E.  F.,  his  Attorney.) 

-18.  FOUM  OF  DEPOSITION. 

•  Before  tlio  Commissioner  of  Patents,  in  tlio  iiuittor  of  tho  interference 
'  hetwcon  tho  application  of  A.  B.,  for  a  paper-collar  machine,  nml  tho 
Bettors  Patent  No.  85038,  granted  Decombor  15,  1808,  to  O.  D. 


Depositions  of  witnesses  examined  on  bolmlf  of  A.  B.,  pursuant  to 
annexed  notice,  nt  the  oflleo  of  E.  F.,  No.  30  Court  street,  Bos 
Mnssneliusotts,  on  Wednesday,  March  31, 1809.  Present,  S.  T.,  i 
on  bolmlf  of  A.  B,,  and  V.  W.,  esq.,  on  bolmlf  of  0.  D. 

G.H.  (1. 

G.  H.,  being  duly  sworn,  (or  nfllrmcd,)  doth  depose  and  say,  in  am 
to  interrogatories  proposed  to  him  by  S.  T.,  esq.,  counsel  for  A.  B 
follows,  to  wit: 

Question  1.  What  is  your  name,  ago,  residence,  and  occupation? 
Answer  1.  My  name  is  G.  H.;  I  mil  forty-threo  years  of  ago;  X  n 
manufacturer  of  paper  collars,  and  rcsiilo  in  Ohclsen,  Mnssnehusotb 
Question  2,  &c.  *  •  •  •  •  •  •  •  • 

And  in  answer  to  eross-iu  torrogntorics  proposed  to  him  by  Y.  W.,  < 
counsel  for  0.  D.,  ho  snitli : 

,  Cross-question  1.  How  long  have  you  known  A.  B.? 

Answer  1. 

G.  I 

49.  Certificate  of  officer. 

(To  follow  deposition.) 

State  op - ,  i 

County  of - ,  j  ss; 

At  Boston,  in  said  county,  oil  the  31st  day  of  March,  A.  D.  18G9,  bol 
mo  personally  appeared  the  above-named  G.-H.,  and  mndo  oath  that 
foregoing  deposition,  by  him  subscribed,  contains  tho  truth,  the  wli 
truth,  and  nothing  but  the  truth.  The  said  deposition  is  taken  at 
request  of  A.  B.,  nt  the  time  and  plnco  mimed  in  tlio  notice  hereto 
tnclied,  to  bo  used  upon  the  hearing  of  nil  interference  between 
claims  of.  the  said  A.  B.  and  those  of  C.  D.,  boforc  the  Commission© 
Patents,  on  the  3d  day  of  May,  A.  D.  1SG9. 

Tho  said  0.  D.  was  duly  notified,  ns  appoars  by  the  original  noti 
horoto  annexed,  and  attended  by  V.  W.,  esq.,  his  counsel. 

E.  P., 

Justice  of  tho  Peace 

Tho  magistrate  shall  then  append  to  tho  deposition  tho  notico  uni 
which  it  was  taken,  shall  seal  up  tho  testimony  and  direct  it  to  tho  Oc 
missioucr  of  Patents,  placing  upon  tho  envelope  a  certificate  in  si 
stance  ns  follows :  ’ 

I  horoby  certify  that  the  within  deposition  of  G.  H.,  [if  tho  packs 
contains  more  than  ono  deposition,  give  alt  the  names,]  relating  to  I 
matter  of  interference  botwcon  A.  B.  and  0.  D.,  was  taken,  sealed  i 
April11' a'd^MO  tU°  °0,amiSSi0n0r  0f  Pntouts  «>o  this  20th  day 
E.P., 

_ _ _ _____ _ _  Ju8lico  of  tho  Peace, 


: 


EXPERIENCED  IN  LINE  BUILDING 

stntction  of  each  section  will  he  under  the  super- 
Vilson  II.  Kairbank  of  Warren,  Mass.,  who  has 
lines  anil  better  lines  than  any  other  man  in 
and  is  thoroughly  familiar  with  the  territory, 
ill  five  different  installations  from  New  York  to 


lepost  Company 
usiness  over  its  standard  line  costing  $  i . 373- 
her  of  the  older  companies  could  handle  ove 
t  costing  them  S7.h09.55  a  mile, 
nicnsely  reduced  cost  of  beginning  busim 


show  itself  in  the  Teleposl  Company  s  balance 
nnlv  a  very  small  volume  of  business  is  needed 
rge  dividends  on  this  low  construction  cost. 


would  much  rather  have  his  corporation  made 
impregnable,  his  first  earnings  appearing  in  tin 
value  of  his  stock,  than  clamor  for  excessive  div 
mg  the  necessary  period  of  establishment. 

The  foregoing  policy  will  insure  three  things  t 
|xisl  Company  stockholders: 


1.  The  establishing  of  the  business 
all  parts  of  the  country. 

a.  The  rapid  advance  in  market  valui 
because  of  the  evidence  of  prosperity  V 
the  Company. 

i.  The  tmtinuota  payment  of  large 


THE  BEST,  BUT  NOT  CONTENT 
The  Teleposl  Company  is  formed  to  transmit 
messages  hv  the  quickest  and  cheapest  method: 
by  science  or  invention,  and  its  purpose  is  to  pre 


TELEPOST  DIVIDEND  POUCY 


PERPETUITY 


New  ex- 

plained  uO^e  Company's  desanbttve  pamphlet.  ,  gWfilflf  W® 

TholftxKRIilNQ-.  DEBENTURE  :  CORPORATIONhMi  opened  a  Sub- 
Bcription  JIqj  tlie  flrat  iMtalliiient  dtHIie  fnlly-pidd'Caj)ilal  Stook'‘o£  the. TELE- 
POST  Cfbii^ANY,. at  pto, 810  a  share.  ,  , 

The  llOotripany- will.'oonfine:  thiSvfirstiisBue  to.ionunjnount,', sufficient  to 


iihistettUhe  extension  outrank  lilies,  the 


:  ^s^®aa^i,S3as^5Ss»asaaaa?5s&i^S3s^s 

widely  a  j  y  possiblfehas  :-been  *  adopted’,'’  not '  only*  that ;  the  >greatestnumbep  or  *  co- 

SSJ^&gjyjBSS 

1,0  one  ipdrsbn ;  \  liutfsUbiilCa’jKfe^  stock  ^ 

1  00  foundll^visable,  tho  subscribers  to  the  present  issue- will  each  hayo  a  right 
to  Bubscr;  |b^  i^ro  -rath,  to:  the  now  issue  before  any  offer:  is  mode  to  the  general 
piiblic,  feprding?  to-the  policy  of  •  well-managed  banks:  in;  favoring  their 
•  «lgiruil  fefi if 

1 


schemes  is  the  Hoard  of  Trustees 


I  by  the  independent  oil- 
leir  successful  attempt  to 


of  their  invention.  energy.  patience  and  capital ; 
they  willing  to  subject  the  great  enterprise  for 


It  having  been  legally  determined  that  the  Votii 
of  Trustees  is  a  |M>sitive  protection  of  sound  btisi 
terprise  and  a  guarantee  to  shareholders,  the 
Company  perfected  its  organization  in  that  w 
securing  to  its  stockholders  the  permanent  ov 
management  and  protit-enjoymenl  of  the  public  e 
in  which  they  are  engaged. 


somewhat  different  motive— that  the  Telepost  Company 
will  never  be  sold  out,  merged,  reorganized,  leased 
or  otherwise  controlled,  or  its  business  in  any  way 
menaced  by  outside  speculators : 

i.  The  Inventor  of  the  Delany  System  of  R»|»h1 
A mom.u ic  Telegraphy  ami  his  associates. 

3.  The  public,  who  not  o  i 1  *  ”  *  c  C “ 1  “ 

The  First  Interest :  Mr.  Delany.  who  lias  given  the 
best  work  of  his  life  to  his  Rapid  System,  and  the  K.  H. 
Sellers  Co.,  who  for  many  years  have  liccn  associated  with 
hint  and  have  financed  the  undertaking  during  the  neces¬ 
sary  and  costly  period  of  experiment,  development  and 
r  di/i  g  I  not  propose  lobe  deprived  of  the  fruits 


defend  and  protect.  This  policy  negmx  . 

-"SctrsKs: 

. . - 


ppeal  of  Edison  and  Haering-[ 
ton  from  the  decision  of  tho) 
Commissioner  of  Patents,  off 
March  20th,  1870,  to  tho  Hon.  I 
tho  Seohetaiiy  op  the  In-1 


Argument  (or  Mr.  Prcst-oM. 

I’he  first  qnostion  upon  this  proceeding  (which  in 
^stance  is  nu  appeal),  rolatos  to  tho  just  limits  of  tho 
31-otay  s  legal  power  over  decisions  of  tho  Oommis- 
nor  of  Patents,  on  subjects  clearly  within  tho  Com¬ 
moners  jurisdiction,  and  concerning  which  decis- 
Mal<e/e0^10U  '8  miu^°’  0XCeP^  ho  hns  committed 

Hie  Commissioner  of  Patonts  exorcises  judicial  funo- 
is  upon  questions  of  a  special  oharnotor;  and  tho 
tuto  gives  au  appoal  to  tho  courts  of  law  for  tho 
reotion  of  every  error  which  ho  may  commit.  For 
jrs  suoh  ns  are  hore  allogod,  a  peouliar  and  most 
mcious  remedy  by  notion  is  givon  by  B.  S.,  §  4916, 


Ҥ4916.  Whenever  a  patent  on  application'  is  re- 
“  fused,  either  by  the  commissioner  of  patents  or' by 
“  the  Supreme  Court  of  the  Distriot 'of- Columbia, 
“upon  appeal  from  the  commissioner,  the -applicant' 
“may  have  remedy  by  bill  in  equity,  and.  the  'court 
“  having  cognizance  thereof,  on  notice  to  adverse 
“parties,  and  other  duo  proceedings  had;  may  ad- 
“  judge  that  such  applicant  is  entitled,  according  to 
“  law,  to  receive  a  patent  for  his  invention  as  specified 
“  in  his  olaim,  or  for  any  part  thereof,  as  the  faots  in 
“  the  oaso  may  appear,  and  such  adjudication,  if  it  be 
“  in  favor  of  the  right  of  the  applicant,  sliall-authorize 
“  the  commissioner  to  issue  suoli  patent  on  the  appli- 
“  oant  filing  in  tho  Patent  Office  a  copy  of  the  adjudi- 
“  cation  and  otherwise  complying  with  the  require- 
"  ments  of  law.  In  all  cases  where  there  is  no  oppos- 
"  ing  party,  a  copy  of  the  bill  shall  be  served  on  the 
“  commissioner,  and  nil  the  expenses  of  the  proceed- 
“  ing  shall  be  paid  by  the  applicant  whether  the  final 
“  dooision  is  in  his  favor  or  not.” 

At  the  same  time  certain  powers  over  the  the  Patent 
Office  are  givon  to  the  Seorotnry  of  tho  Interior  by  R. 
S.,§§441,  481,  ns  follows: 

“  §  441.  Tho  Secretary  of  the  Interior  is  charged 
“  with  tho  supervision  of  publio  business  relating  to 
“  tho  following  subjoots.  *  *  * 

“  Fifth. — Patents  for  inventions.  *  *  * 

“  §  481.  The  commissioner  of  patents,  under  tho  di- 
“  rcotion  of  tho  Secretary  of  tho  Interior,  shall  super- 
“  intond  or  perform  all  duties  respecting  the  granting 
“  and  issuing  of  patouts  directed  by  law ;  and  he  shall 
“have  cliurgo  of  all  books,  records,  papers,  models, 
“  nmchinos  aud  othor  things  belonging  to  the  Patont 
“  Offico.”  ...  -  .. 

The  snmo  titlo,  by  an  oxpross  variation,  gives  tb  the' 
Secretary  tho  samo  power  of  supervision  ovo'r  mar¬ 


shals  and. others  as  over  tho  Commissioner  of  Patents, 
with  tho  spoqial  addition  of  appelluto  powor. 

;  .“  The  Secretary  of  tho  Interior  shall  oxorciso  super¬ 
visory  and  appollnto  powor  in  relation  to  the  acts  of 
‘.‘  marshals,  &o,”  (R.  S.,  448).  • 

;!  The  Oommisbionor  of  Patents  has  tho  powor  (denied 
to.all  other  heads  of  bureaus  in  this  department,)  to 
frame;  his  own  regulations  for  submission  to  the  ap¬ 
proval  of  tho  Secretary. 

We  have  only  to  add  that  tho  Commissioner  allows 
and  countersigns,  and  tho  Secretary  signs,  letters  patont; 
and  wo  have  all  tho  provisions  of  law  characterizing 
tho  relation  of  the  Commissioner  to  his  superior  officor 

It  is  oloar,  from  this  exemplification  of  tho  statutes, 
that  the  Seoretary  acquires  his  powor  ovor  tho  decisions 
of  tho  Commissioner,  not  by  any  grant  of  appollato  jur¬ 
isdiction,  but  from  the  roquiremont  that  bis  signature 
shall  be  presont  to  make  a  valid  patont ;  and  from  the 
co-ordinato  enpnoity  in  him  to  frustrnto*tho  Commis¬ 
sioner’s  dooision  by  witholding  that  signature. 

This  power  to  prevent  is  of  tho  greatest  importance 
to  honest  administration ;  and  is  always  roposod  somo- 
whero  in  a  government  of  distributed  powers.  It  is 
generally  a  more  powor  to  stay,  and  not  .a  power  to  re¬ 
vise  or  correot.  It  is  tho  last  repository  of  tho 
sovereign  discretion  touohing  a  sovoroign  grant,  and  is 
exorcised  on  the  wholo  innttor,  without  roforouoo  to 
details,  by  a  simplo  assent,  or  refusal  of  asseut.  To 
enquire  or  deoido  whether  there  has  boon  error,  is  to 
desoond  to  details,  and  to  oxoroiso  appollnto  jurisdic¬ 
tion.  It  is  the  propor  function  of  this  discretion  to  de¬ 
termine  whether  tho  prior  judgmout  was  'upon  a  sub¬ 
ject,  competent  to  be  considered  by  tho  tribunal  or  offi¬ 
cer  making  tho  decision.  In  England  this  powor  is  (in 
respeot :  to  .  patents,)  exoroised  by  the  lord  olinncollor 
as  keeper  of  tho  consoiencb  of  tho  king  and  oustodian 
of.  the  groat  seal.  In  tho  United  States  it  is  oxeroised 
by  the  Seoretary  of  the  Intorior.  In  England  tho  grant 


Of  a  monopoly  is  of  tho  sovereign  graco,  and  may  be 
refused  arbitrarily  (15  and  1C  Viet.,  Oh.  83,  §  1C).  ;  But 
no  such  power  of  rofnsal  by  prerogative  right,  or  in 
other  words,  without  reason,  exists  by  law  in  this 
country.  In  England  tho  highest  judicial  olfieor  of  tho 
realm  is  charged  with  tho  duty  of  nffixing  tho  groat 
seal  to  patents  for  which  warrants  have  boon  issued  by 
the  law  officer  (tho  Attorney- General)  who  1ms  examin¬ 
ed  tho  case  ;  and  yet  though  ho  certainly  must  bo  ro- 
rcgnrdod  as  tho  most  compotout  logal  authority  tb  con¬ 
sider  appeals,  aud  although,  unlike  the  case  of'  the  Sec¬ 
retary  of  the  Interior,  appellate  jurisdiction  is  expressly 
given  to  him  (soo  statuto  horoinaftor  cited),  it  will  bo 
seou,  by  tho  authorities  horonftor  oited,  that  ho  novor 
oxoroisos  that  jurisdiction  to  ovorrulo  tho  subordinate 
law  officer,  wlioii  ho  has  acted  within  his  powers. 

In  Vincent’s  appeal,  li,  L.  R.,  Oh.  App.,  341,  tho  Lord 
Chancellor  said :  .  . 

“  It  would  bo  making  a  dangorous  precodont  to  allow 
“  an  appoal  from  tho  law  officer  of  tho  crown, unless 
“  a  caso  bo  inndo  of  surprise  or  fraud,  or  unless  somo 
“  material  fact  which,  if  brought  boforo  tho  law  officer, 
“  would  probably  have  led  him  to  decido  difforontly, 
"  has  subsequently  come  to  tho  knowledge  of  tho  party 
“  appealing.  I  do  not  think  that  such  an  appoal  ought 
“  to  bo  allowed  on  the  ground  that  somo  fact,  whioh 
“  wns  within  tho  knowlodgo  of  tho  appollant  at  tho  time, 
“  was  not  brought  boforo  tho  law  officer.  j 

“  In  tho  present  caso,  tho  party  opposing  rolies  on 
“  public  user  of  tho  invention,  but  tho  applicant  raises 
“  tho  point  that  such  usor  took  placo  in  consequonco 
“  of  a  fraud  which,  under  15  and  15  Viot.,  oh.  83,  §  10, 
“  would  destroy  tho  oflbct  of  tho  usor.  This  is  a  quCS- 
“  tion'  of  faot,  whioh  ought  to  bo  tried  by  a  jury  on 
“  viva-voce  ovidouco,  and,  if  I  wore  to  refuse  to  allow. 
“  tho  patent  to  be  soalod,  I  should  bo  precluding  Vin- 
“  oent  from  tho  opportunity  of  having  it  so  tried'." v  ' 


The  English  statute  under  whioh  such  proceedings 
lire  taken  is  the  16  and  16  Viot.,  oh.  83,  ns  follows  : 

“  §  7.  Every  application  for  letters  patent,  made 
“  under  this  not,  shall  bo  referred  by  the  commissioners,' 
“  according  to  suoli  regulations  ns  they  may  think  fit 
“  to  make,  to  one  of  tho  law  officers. 

“  §  16.  It  shall  bo  lawful  for  suoli  law  olfieor,  nfter 
■"  suoh  hearing,  if  any,  as  ho  may  think  fit,  to  oause  a 
“  warrant  to  bo  made  for  tho  sealing  of  lottors  patent 
“  for  the  said  invention,  and  suoh  warrant  shall  bo 
“  sealed  with  tho  seal  of  tho  commissioners,  and  shall 
“  sot  forth  tho  tenor  and  oll'cet  of  the  lottors  patent 
“  tlioroby  authorized  to  bo  granted,  and  snob  law  olfieor 
“  shall  diroot  tho  insertion  in  suoh  lottors  patont  of  all 
“  suoh  restrictions,  conditions  and  provisions  ns  he  may 
“  deem  usual  and  oxpodiont  in  suoh  grants,  or  neces- 
“  sary,  in  pursuance  of  the  provisions  of  this  aot,  and 
“  the  said  warrant  shall  be  tho  warrant  for  tho  making 
“  and.  sealing  of  lottors  patent  under  thra  not,  aocord- 
“  to  the  tenor  of  tho  said,  warrant.  Provided  always 
“  that  the  lord  chancellor  shall  and  may  have  and 
"  oxorciso  suoh  powers,  authority  and  discretion  in  ro- 
“  spoct  to  tho  said  warrant,  and  tho  lottors  patont 
“  therein  directed  to  bo  wndo  undor  this  aot,  ns  ho  now 
“  has,  and  might  now  oxorciso  with  respect  to  tho  wnr- 
“  rant  for  tho  issue  undor  tho  groat  soal  of  lottors  pat- 
“  out  for  any  invention,  aud  in  rospoot  to  tho  making 
“  and  issuing  of  such  lottors  patont.” 

-  “  16.  Providod  nlso  that  nothing  lioroiu  contained 
“  shall  oxtond  to  nbridgo  or  affect  tho  prorogativo  of 
“  tho  orown  in  relation  to  tho  granting  or  withholding 
“  tho  grant  of  any  lottors  patent.” 

In  nnothor  oaso  it  was  said  : 

“  If  partios  having  full  knowledge  of  tho  faots,  aud 
I'  taking  thoir  own  courso  in  tboir  manner  of  using 
"  the  materials  within  their  -knowlodgo,  either  do  not 


“  raise  bofore  the  attorney  general  a  particular  argu- 
“  ment  upon  tho  foots,  or  do  not  bring  forward  all  tbe 
“  ovidonco  bearing  on  those  facts  and  then  at  their 
“  command,  they,  in  my  judgment,  are  not  entitled  to 
“  tho  iudulgouco  of  having  the  matter  remitted  book  to 
“  tho  attoruoy-gonoral,  nor  have  they  any  right  to  oull 
“  upon .  tho  lord  chancellor  to  discharge,  in  that  re- 
“  spoot,  tho  oflico  of  tho  nttornoy-gonoral.” 

Ax  parte  Sheffield,  Law  Reports,  7 
Ohancory  Appoals,  239-240. 

'  Tlio  king,  having  power  by  act  of  Parliament  to  grant 
letters  patent  undor  tho  groat  sonl  from  time  to  time, 
for  theatrical  exhibitions,  granted  a  pntent  to  tho  peti¬ 
tioner  for  a  regular  thoatro.  A  subsequent  patent  for 
a  oirous  having  boon  passed  by  tho  lord  privy  seal, 
tho  first  patentee  opposed  tho  sealing  of  tho  potent  for 
tho  cirous  by  tin}  chancellor. 

Lord  Chancellor  (Lifford)  “  An  application  may  bo 
“  mado  to  tho  groat  seal  if  the  grant  be  illegal,  or  if 
“  tho  crown  bo  imposed  on  or  deceived.  In  suoh 
“  cases  the  olmncellor  will. withhold  the  seal.  Li  this 
“  case,  as  to  tho  matter  of  discretion,  whether  the 
“  crown  ought  or  not  to  grant  suoh  n  pntent,  I  have 
“  nothing  to  do  witli  that.  Tho  single  question  hero  is 
“  whothor  thoso  exhibitions  of  Astley  are  the  subject  of 
"  a  patent  within  the  act.’’ 

“  4.  *  *  It  is  said  that  I  ought,  as  keopor  of  tho 
“  king  s  conscience  to  withhold  tho  great  sonl.  But 
“  tho  granting  of  this  patent  has  been  considered  by  the 
“  lord  lieutenant ;  so  I  do  not  think  that  I  havo  any- 
“  thing  to  do  with  that.  If,  indood,  tho  patent  wore  il- 
“  legal,  it  would  bo  othorwiso.  I  can’t  withold  tho 
“  great  Bonl.” 

Jlxjmrtc  Daly,  Vornon  &  Soriven’s  Rop , 
.602,  604. 

(Irish  Chancery  R.),  A.  D.  1788. 

Tho  same  principles  have  govornod  the  oxoroiso  of 


this  kind  of  executive  discretion  in  this  country and  it  is 
interesting  to  observe  that  our  courts,  and  tho  Attorney 
General  of  tho  United  States,  in.  discussing  tho  ques¬ 
tion  hero,  have,  without  being  referred  to  these  English 
authorities,  adopted  tho  same  rulo.  Indeod,  it  is  clear 
that  any  other  rulo  would  bo  dostructivo  of  tho  system 
of  dividod  responsibility  and  power  which  prevails  hero, 
and  in  Groat  Britain. 

Mr.  "Wirt  said  (Atty.  Gcu.  Op.,  vol.  1,  p.  493) :  “  In 
“  a  government  purely  of  laws,  no  officer  should  bo  por- 
“  mittod  to  stretch  his  authority,  and  carry  tho  inllu- 
-  “  once  of  his  office  beyond  tho  cirolo  which  tho  posi  • 
“  tive  law  of  tho  land  has  drawn  around  him.” 

Mr.  Hoar  said  (13  Opinions,  p.  28,-9) :  “  Tho 
“  patent  laws  having  mado  ample  provision  for  revising 
«  the  decisions  of  tho  Commissioner  in  propor  cases, 
“  by  tbe  judiciary,  and  the  Execntivo  having  no  appel- 
“  late  power  over  questions  arising  thorounder,  tho  party 
“  should  bo  loft  to  pursue  tho  mode  of  robot  there  pro- 
“  vided,”  concluding  that  “  tho  President  should  not 
“  interfere  with  the  rules  and  directions  promulgated 
“  by  the  Commissioner  of  Patents  concerning  proceed- 
“  ings  in  his  bureau  for  tho  extension  of  patonts.” 

Tho  supervisory  power  of  tho  Secretary,  in  cases  of 
an  original  grant  of  a  patent,  is  not  greater  or  less  than 
in  oases  of  an  extension  undor  L.  183G,  §  12,  or  L.  1848, 
oh.  47,  §  1.  In  tho  easo  of  an  extension  allowed  by  tlio 
Commissioner  it  is  sottled  that  his  decision  is  final  in 
tho  absenco  of  fraud  aud  auy  excess  of  jurisdiction. 

Story,  J.,  said  :  ’ 

“  It  may  bo  laid  down  ns  a  gouoral  rule  that  where 
“  a  particular  authority  is'confidod  to  a  public  officer, 
«  to  bo  oxoroisod  by  him  in  his  discretion  upon  an  ex- 
.  “  animation  of  facts  of  which  ho  is  mado  tho  appro¬ 
priate  ju’dgo,  his  deoisiou  upon  theso  facts  is,  in  tho 
“  absence  of  any  controlling  provisions,  absolutely 
“  conolusivo  as  to  tho  oxistouco  of  thoso  facts. 

“My  opinion  therefore  is  that  tho  grant  of  tlio 
“  present  amended  pntont  is  conclusive  as  to  tho  ex- 


"  istenqo  of  all  the  faots  whioh  were  bylaw  necessary- 
“  t.o  entitle  him  to.  issue  it  j  at  least,  unless  it  was  ap-  . 
“  apparent  on  the  very  face  of  tho  patent  itself,  with?  ] 
“  out  any  auxiliary  evidence,  thnt  lie  was  guilty  of  a 
“  olear  oxcoss  of  authority,  or  thnt  tho  patent  was  pro-  ' 
“  oured  by  d  fraud  between  him  and  the  patentee, 

“  which  is  not  pretended  in  the  prosont  oase.” 

Allen  v.  Blunt,  3  Stoiy  E.,  745. 

“  The  act  of  the  Oomuiissionor  in  extending  letters 
“  patent;  is  oonelusivo  ovidouoo  of  all  the  faots  whioh  . 
“  he  is  required  to  find-  in  ordor  to  grant  such  exton- 
“  sion,  in  tho  absence  of  fraud  and  any  excess  of  juris- 
“  diotion.” 

Oliiin  v.  Brower,  2  Onrtis  0.  Ot.  B.,  50G, 
Hoad-noto. 

So,  in  the  ease  of  a  pro-omption  claim,  disallowed 
by  tho  register  aud  receiver,  under  §  3  of  tho  Act  of 
May  29th,  1830,  which,  unlike  the  subsequent  Act  of 
September  4,  1841,  §  10,  contained  no  oxpross  provi¬ 
sion  for  an  appeal  to  the  Soorotary  of  the  Treasury. 

Legnro,  A.  G.,  said  : 

“Tho  case  *  *  is  simply  one  of  a  pre¬ 

emption  claim,  disallowed  by  the  oflicors,  wholmd  com¬ 
petent  authority  to  judge  of  its  validity  on  grounds 
satisfactory  to  them,  that  it  was  unfounded.  *  * 

This  judgmont  I  think  right.  But  right  or  wrong  is 
not  tho  question.  Tho  law  gave  them  the  authority 
to  docido  tho  caso,  aud  they  lmvo  done  so.  Tho,  do-' 
partmont,  in  my  opinion,  ought  to  acquiosco  in  that 
judgmont,  ns  in  every  point  of  viow  conclusive  against  ’ 
tho  olaim  ”  3  Op.  GGG,  GG7. 

In  a  similar  caso  Attoruoy-Gonoral  Butler  gave  his 
opinion  that  “  when  legal  ovidoneo  is  onco  offored  to 
“  S>Q  register  and  receiver  it  is  their  oxclusivo  prov- 
“  iuco  to  judge  of  its  weight  and  force,”  (3  Opinion, 


In  the  subsequent  oaso  of  an  application  for  a  patent 
by  tho  nssigneo  of  n  land  warrant,  whioh  was  issued  by 
tlio  Commissioner  of  Pensions,  on  depositions  alioged 
to  bo  false ;  Secretary  Stuart  said  :  “I  will  not  pretend 
“  to  say  that  oases  may  not  arise  in  whioh  it  would  be 
“  tho  duty  of  tho  Department,  or  of  tho  President,  to 
“  forbid  tlio  issue  of  the  patent.  Whore  tlioro  was  any 
“  collusion  botwoon  tho  officers  and  tho  warrantees,  or 
“  when  the  warrant  was  in  tlio  hands  of  a  party  to  the 
“  fraud,  tlioro  would  be  no  doubt  of  tlio  duty  of  tlio 
“  Department,  or  of  tho  President,  to  arrest  tlio  issue 
“  of  tho  patent.  iiio  mattor  is  ono  of  oxooutivo  disoro-. 
“  tion,  iu  my  judgment,  and  it  ought  to  bo  exercised 
“  in  such  a  way  as  to  do  substantial  justice.” 

1  Lostor  Land  Laws,  G13. 

“  An  appeal  doos  not  lio  to  tho  President,  from  the 
“  decision  of  tho  heads  of  tho  difibront  executive  de- 
“  partmonts.  This  has  been  settled  both  by  judicial 
“  decisions,  aud  by  tho  practice  of  tho  government. 
“  Tho  truth  is,  such  an  appollate  jurisdiction  would 
“  rondor  it  impossible  for  tho  President  to  discharge 
“his  high  duties  to  tlio  country,  aud  would  resolve  his 
"  oifico  into  a  tribunal  to  ho  ir  and  determine  private 
“  claims  in  tho  last  resort.” 

President  Buchanan,  1  Lostor  Land  Laws, 
G81. 

It  is  cloarly  dedueihlo  from  thosu  authorities  that 
tlioro  oxist  iu  this  country  and  in' England  cortaiu 
principles  of  bureaucratio  government  applicable  to  this 
caso,  to  disregard  which  would  soon  throw  tho  whole 
systom  of  departmental  administration  into  confusion, 
bosidcs  opening  tho  door  for  worso. 

The  gonornl  principle  is — 

Tho  superior  administrative  olficor,  whoso  aot  or 
sigunturo  is  requisite  to  comploto  tho  declaration  of  a 
judicial  judgment  by  Ins  subordiuuto,  1ms  a  duty  to 
geo  that  his  subordinate  has  acted  within  his  jurisdio- 


10 


tion,  and  a  corresponding  duty  to  withhold  his  approval 
from  aots  dono  beyond  that  jurisdiotion  or  fraudulently,  . 
and  to  yield  that  approval  -whore  such  jurisdiction:  has 
not  boon  oxcoodod,  and  tho  subordinate  has  aoted 
honestly. 

The  special  applications  (appropriate  to  this  oaso) 
of  this  rule  for  offioinl  conduot  are  : 

1.  Where  tho  not  done  is  the  formation  by  tho  Com¬ 
missioner  of  Patents  of  a  judicial  judgmont  upon  a  legal 
question  necessary  to  bo  dotorminod  by  him,  tho  Sec¬ 
retary  of  tho  Interior  will  not,  in  this  country,  enquire 
into  tho  correctness  of  that  judgmont,  but  only  into 
the  regularity  of  the  application  to  himself.  He  will 
refuse  to  reviso  the  judgmont  upon  points  of  law  or  faot 
involved  in  the  original  judgment,  because  appellate  juris¬ 
diction,  has  boen  given  on  such  questions  to  tbe  courts 
of  law  and -has  not  been  given  to  him.  \ 

2.  The  requirement  that  ho  shall  sign  all  patents  is 
intended  to  soparate  official  functions,  and  to  increase 
tho  safeguards  against  collusive  or  fraudulent  judg¬ 
ments,  in  relation  to  patents.  It  oroates  a  practical 
veto  power,  to  bo  exorcised  in  oaso  of  fraud;  or  excess 

of  jurisdiction,  by  tho  Commissioner  of  Patents _ as, 

for  instance,  if  ho  should  issuo,  or  endeavor  to  obtain 
(by  virluo  of  the  Secretary’s  signature),  a  patont  for 
lands,  under  tho  guiso  of  lottors  patent  for  an  invention, 
or  Should  send  to  the  Secretary  a  patont  for  some  con¬ 
trivance  of  a  uaturo  not  within,  but  without,  the  law 
or  the  statutes. 

3.  The  _  statutory  provision,  giving  tho  Secretary 
“supervision”  over  tho  public  business  relating  to 
patents  for  inventions  (R.  S.,  Ill),  and  that  requiring 
the  Commissioner  of  Patonts,  uiulor  tho  direction  of 
the, Score tary  of  tho  Interior,  to  suporiutoud  and  per¬ 
form  all  duties  “  respecting  tho  granting  and  issuing  of 
patents  directed  by  law,"  givo  no  powor  of  intervention 
bythoSecretftrj-into  the  aot  of  adjudication  by  the  Conn 


11 

missioner.  The  duties  to  be  performed  by  him  are  all 
•  directed  by  law."  Among  those  duties  is  to  allow,  and 
issue,  and  roissue  patents  in  cortuiu  cases  to  assignees. 
This  makes  it  tho  duty  of  the  Commissioner  sometimes 
to  dotormino  questions  of  titlo,  or  disputes  us  to  assign¬ 
ments.  Not  only  doos  tho  law  put  upon  the  Commis¬ 
sioner,  and  on  him  alone,  tho  performance  of  this  duty  of 
docisiou,  but  tho  duty  is,  by  its  nature,  incapable  of 
boing  directed  or  controlled,  oxcopt  by  appeal ;  and 
such  appeal  is  expressly  given,  in  terms  broad  enough  ' 
to  cover  the  case  of  every  invoiitor  failing  in  his  appli¬ 
cation,  by  11.  K.  4,015.  It  is  possible,  howovor,  that 
tho  Commissioner  inuy  be  direatod,  as  to  tho  oxternal 
formalities  touching  tho  general  conduct  of  his  business, 
and  bo  compcllod,  in  si  ort,  if  necessary,  to  proooed  with 
tho  discharge  of  his  duties.  The  language  of  Attorney 
General  Wirt  (1  Op.,  020),  is  precisely  applionblo : 

“  Ho  (tho  Prosidout,)  is  not  to  porform  tho  duty,  but 
“  to  soo  that  tho  officor  assigned  by  law  porforms  his 
“  duty  faithfully— that  is  honestly  :  not  with  perfect  cor- 
“  redness  of  judgment,  but  honestly.” 

It  not  being  pretended  that  the  question  decided  by 
the  Commissioner  was  not  one  proper  and  necessary  to 
bo  passed  on  by  him,  and  it  not  being  pretended  that 
lie  has  acted  with  fraud  or  collusion,  it  is  respectfully 
submitted  that  tho  Secretary  of  tho  Interior  is  not  only 
without  jurisdiction  to  consider  whether  tho  Commis¬ 
sioner  h  is  erred  judicially,  but  that  to  withhold  his 
signature,  upon  any  investigation  or  opinion  of  his  own, 
in  a  caso  whore  tho  jurisdiction  of  tho  Commis¬ 
sioner  is  manifest,  and  bis  act,  within  liis  authority, 
and  not .  challenged  for  bad  faith,  would  bo  vio¬ 
lently  subvorsivo  of  tho  truo  ordor  of .  public  busi¬ 
ness.  Tho  question  now  involved  is  a  siinplo-  ques¬ 
tion  undor  a  branch  of  tho  law  whieli  all  lawyers 
understand.  But  if  it  is  once  established  thnt  tho  Suero¬ 
tary  will, on  appeal,  enquire  to  soo  whothor  tho  dooisions 
of  tho  Commissioner  of  Patents  aro  orrouoous,  (even 


though  it  bo  also  understood  that  he  will  not  i-ovorso, 
oxoopt  whoro  his  mind  is  entirely  elonrupon  theoi-ror,) 
hisufficowill  bo  called  on  to  ontortain  an  nppontin 
every  interference,  or  other  disputed  case.  As  was  said 
by  the  Attorney-General  (1  Opinions, .  G29),  all  tho 
diitios  of  his  subordinate  will  “  bo  accumulated  upon 
him  in  the  last  resort and,  unless  ho  is  versed  in 
patent  law,  ho  will,  ns  is  reported  to  have  boon  said 
by  Mr.  Secretary  Browning,  in  ordor  to  the  right 
performance  of  this  duty,  be  required  “  to  spoml  days 
and  nights  in  learning  patent  law.” 

In  discussing  a  technical  quostion  of  jurisdiction, 
there  is  no  plnce  for  argument  upon  rnorits;  but 
it  is  proper  to  call  tho  attention  of  tho  Secretary 
to  the  fuct  that  Mr.  Prescott  is  not  within  the 
benefit  of  B.  S.  4915,  on  tho  grouud  that  no  patent 
has  been  refused  to  him  by  the  Commissioner  (if  not 
on  other  grounds),  while  Mr.  Edison  is,  as  tho  inventor, 
arid  the  failing  party,  within  tho  romody  of  that  stat¬ 
ute,  upon  all  its  conditions.  A  refusal,  thorofoi-o,  to 
sign  the  letters  patent'  allowed  (and  no  otliors  call  bo  ' 
signed),  is  to  rob  tho  judgment  of  the  Commissioner  of 
ull  its  value  to  tho  successful  party,-  and  yet  to  shut 
him  out  from  all  romedy.  A  similar  consideration  is 
referred  to  in  Vincent's  Appeal  ns  boiug  itself  sufficient 
ground  for  not  withholding  the  executive  approval. 

Comploto  copies  of  tho  printed  points  .upon  the 
luoiits  of  tile  controversy  between  tho  parties,  us  sub¬ 
mitted  to  tho  Commissioner  of  Pntonts,  nro  horowith 
submitted,  and  a  copy  of  tho  decision  of  tho  secretary 
upon  tho  oral  argument  on  tho  15th  of  April  is  horoto 
annexed.  * 


•Boscop.  CoNiama, 

GnosvENon  Pon-rmi  Lowbey, 

Of  Counsel  for  Mr.  Piiescott. 

<a?' 


SEORETARY  Df.LANO’s’ DECISION.  ' 

It  is  tho  priiotieo  of  tho  department  to  sign  without 
inquiry  all  patents  that  lire  sont  up  from  thd.  Patout 
Oflico  with  tlio  signature  of  tho  Comriiissionor  at¬ 
tached  boforo  tlioy  aro  presontod.  As  far  us  I  know; 
it  has  boon  tho  prnctico  of  tho  oflico  from  timo  im¬ 
memorial.  I  cannot  say  to  tho  timo  whoroof  tho 
memory  of  man  runuuth  not  to  the  contrary;  ,fco.;  My 
memory  only  dates  back  to  tho  day  of  -'Secretary 
Ewing.  Tho  records  of  tho  department;  as  Inis  been 
woll  assorted  by  tho  counsol,  show,  that  applications  to 
tho  Seci'clury  to  withhold  his  signature  to  those 
pntonts  have  boon  very  rare,  if  one  has  ovor  lieon 
made.  Novortholoss;  I  am  vory  clearly '  of  tho 
opinion  that  wliou  my  attention  is  called  to  the 
facts  of  a  case,  mid  my  judgmont  is  that  a  patent . 
should  not  bo  issued,  it  would  bo  my  duty 
to  withhold  my  signature  from  tho  pulout.  But  I 
think  good  practice  requires  that  my  opinion  should 
rest  upon  tho  enso  ns  prosonted  to  tho  Commissioner : 
and  thoroforo  I  should  not  bo  inclined,  I  think,  nndor 
uny  circumstances,  to  direct  tho  introduction  of  othor 
avidouco  than  that  which  was  boforo  tho  Commissioner. : 
Cortaiuly  in  this  case,  at  this  stage  of  it,  I  should  bo 
unwilling  to  givo  an  ordor  for  tho  taking  of  testimony 
for  its  continuance,  ns  tho  counsel  upon  ouo  sido  of  tho 
enso  linvo  asked.  Now,  ns  to  whotlior  in  my  judgmont 
I  shall  or  shall  not  doom  it  my  duty  upon  tho  cuso,  ns 
it  is  boforo  mo,  to  sign  or  withhold  my  signature  from  ' 
tho  patent,  !  shall  oxpress  no  opinion.  It  will;  per¬ 
haps,  bo  timo  onougli  to  oxpross  an  opinion  when  tho 
papors  nro  prosonted  to  mo  for  signature  ;  but  if  tho 
couusol  will  rest  tho  caso  upon  its  prosout  nrgumont, 
wliou  I  reach  it  by  the  presentation  of  tho  putout,Iwill 
deeido  it.  If  thoy  wish  to  argue  that  quostion  further 
at  an  onrly  day,  I  will  hoar  it,  if  they  agroo  upon  tho 
timo.  So  that  virtually,  if  I  rnnko  mysolf  understood, 

I  doolino  to  grant  oitlior  of  tho  motions  that  have  boon 


14 


submitted  to-day— either  to  dismiss  the  oaso  or  con¬ 
tinue  it  and  nllov.'  additional  testimony  to  be  taken 
in  it.  1  recognize  the  faot  that  to  the  Commissioner  is 
entrusted,  in  the  first  instance,  the  duty  of  examining 
and  dooiding  upon  nil  questions  that  arise  before  him 
in  his  office  and  are  presented  to  him  ;  but  X  am  un¬ 
able  to  bring  my  mind  to.the  conclusion  that  it  would  be 
my  duty  to  sign  a  patent  beoauso  in  his  best  judgment 
he  had  direoted  it  to  bo  issued,  if  I,  on  the  evidence 
iu  the  ease  as  presented  to  me,  should  be  of  the  opin¬ 
ion  that  his  conclusions  wore  dearly  and  distinctly  er¬ 
roneous.  X  do  not  say  any  thing  about  what  I  should' 
do  in  a  doubtful  case.  I  do  not  desire  to  express  any 
opinion  at  present  in  any  other  torms  than  tlioso  I 


QUADRUPLEX  CASE  VOLUME  70  -  CONTENTS 


Atlantic  and  Pacific  Telegraph  Company  v.  George  B.  Prescott,  Western 
Union  Telegraph  Company.  Lemuel  W.  Serrell  and  Thomas  A.  Edison. 
Superior  Court  of  the  City  of  New  York. 

1.  Amended  Bill  of  Complaint.  May  21,  1877. 

2.  Answer  of  George  B.  Prescott.  May  13,  1876. 

3.  Answer  of  Thomas  A.  Edison.  1876.  (Bound  out  of  order  between 

pages  736-737  of  Plaintiff's  Testimony  but  filmed  in  its  proper 
sequence.) 

4.  Answer  of  Western  Union  Telegraph  Company.  May  28,  1877. 

5.  Answer  of  George  B.  Prescott  to  the  Amended  Complaint. 

May  28,  1877. 

6.  Plaintiff's  Exhibits  I  through  Z.3. 

7.  Testimony  for  Plaintiff. 

List  of  Witnesses: 

George  D'Infreville 
Thomas  A.  Edison 
Chase  B.  Harrington 
Josiah  C.  Reiff 
Giovanni  P.  Morosini 
Henry  van  Hoevenberg 
Edward  H.  Johnson 

8.  Plaintiff's  Testimony  in  Rebuttal  and  Exhibits  put  in  on  Cross- 
Examination  of  Defendants'  Witnesses. 

Exhibits  Z.4  through  Z.8. 

Plaintiff's  Rebuttal  Witnesses: 

William  D.  Hennen 
Hiram  Barney 
Thomas  A.  Edison 
Joseph  T.  Murray 
Zenas  F.  Wilber 
George  D'Infreville 
Ellis  Spear  (affidavit) 


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[SUPERIOR  COURT, 

OF  THE  CITY  OF  NEW-TORK. 


OE  B.  Prescott,  The  West-  f 
f  Union  Telegraph  Com- l 
or,  Lemuel  W.  Serrell  and  } 
ojias  A.  Edison.  ..  , 


;  Tlio  plaintiff  respectfully  shows  to  this  c 


First.  The  plaintiff  is  a  corporation,  duly  incorpo¬ 
rated  under  the  laws  of  the  State  of  New- York,  for 
tlio  purpose,  among  other  tilings,  of  constructing  and 
operating  lines  of  telegraph  within  the  United  States, 
and  of  acquiring  such  property  ns  shall  be  necessary 
or  proper  for  that  purpose,  and  it  is  now  and  has  for 
many  years,  been  engaged  ini  the  business  of  opera¬ 
ting  telegraph  lines  within  the  United  States.  ^ 

Second.  The  defendant,.  The  Western  Union  Tele-  .; 
n-apli  Company,  is  a- corporation  incorporated  under 
said  laws  and  for  the  same  purpose,  and  :lins  its 
principal  office  in  the  City  of  Now-York. 

1  Third.  On  the  first  day  of  October,  1870,  the  de¬ 
fendant,  Edison,  made  and  ,  entered  into  a  contract 
with  one  George  Harrington,  of  which!  a  copy  is  an¬ 
nexed  hereto  and  made  part  of  this  complaint,  mark¬ 
ed  A. 

Fourth.  In  pursuance  of  said  agreement^as- this 
plaintiff  is  informed  nnd  believes,  'the  said  Harring- 


ton  advanced  large  sums  of  money  to  said  Edison; 
amounting  to  over  forty  tliousnnd  dollars,  in  con¬ 
sideration  of  which,  and  the  more  fully  to  fulfil; 
and  carry  out  the  said  agreement,  the  said  Edison,’; 
on  the  fourth  day  of  April,  1871,  executed  and  de¬ 
livered  to  said  Harrington  a  power  of  attorney  and 
assignment,  of  which  a  copy  is  annexed,  marked  B. 

Fifth.  At  the  timo  of  tho  execution  of  such  power  I 
of  attorney,  which  was  duly  recorded  in  tlio  united 
States  Patent  Oflico  May  0,  1871,  tlio  defendant,'  ] 
Edison,  as  this  plaintiff  is  informed  and  believes,  had  \ 
arranged  in  his  mind  tlio  process  and  means,  the  com;.' ' 
binntion,  powers  and  machinery  embodied  in  tlio  npv 
plicntions  hereinafter  mentioned,  and  liad  developed. 
them  so  far  that  lie  was  confident  of  ultimate  suc¬ 
cess,  and  pursued  his  investigations  and  experiments 
with  the  assistance  of  said  Harrington,  with  energy  : 
nnd  industry,  and  in  a  shop  in  Newark,  equipped  and 
furnished  at  said  Harrington’s  expense. 

Sixth.  On  or  about  tlio  first  day  of  January,  1875,  ' 
the  said  George  Harrington,  on  his  own  behalf;  and' 
as  attorney  for  the  said  Edison,  executed  and  deliv*. 
erect  to  Jay  Gould  tlio  deed  of  assignment;  bearings 
date  that  day,  of  which  a  copy  is  annexed  hereto, 
marked  C. ;  and  on  the  ninth  day  of  March,  1875,  ho 
executed  and  delivered  to  said  Gould  tlio  deed 
of  assignment,  of  which  a  copy  is  nnnexed,  .marked 
D.,  both  of  winch' were  recorded  in  tho  United  States 
l  atent  Office  March  31,  1875;  and  the  said  Gould 

..  W<^  hy  Ed^om  W  CXUCUii°n  "“incd  ",l| 

so °-'  tho  Io“,rth  d"y  ot  January,  1875,  tlio-; 
thon^d ToliLCP"8nTUon  ot  tho  sum  of  thirty 
Gould  <li,1  v  ’  tWl"0ll  \VI13  l»,id  him  by  said, 
.wil  l  oxeont«  nna  deliver  to  said  Gould  tlio.- 

SSSBSW* 


On  the  sixth  day  of  January,  A'.  D.  1875,  the  said 
Edison,  by  the  said  Jay  Gould,  Ills  attorney,  in  con¬ 
sideration  ot  the  said  sum  of  thirty  thousand  dollars 
so  to  him  paid,  as  aforesaid,  did  execute  nnd  deliver 
to  Samuel  M.  Mills,  of  tlio  City  of  Brooklyn,  an 
assignment  in  writing  under  seal,  whereby  ho  as¬ 
signed  and  transferred  to  the  said  Mills  nil  tlio  right,  9 
title  and  interest- ot  said  Edison,  .in  nnd  to  the  appli¬ 
cations  hereinafter  mentioned, .and  in  and  to  all  in- 
vi.-tilious  and  improvements  relating  in  any  way  to 
Duplex  and  Quadrupled  Telegraphs,  and  in  any 
Letters  Patent  for  any  such  inventions  or  improve¬ 
ments. 

On  the  eleventh  day  of  January,  A.  D.  1875,  tlio 
said  Mills,  by  an  instrument  in  writing  under  his 
band  and  seal,  assigned  nnd  transferred  to  this  plain¬ 
tiff,  in  consideration  of  the  sum  of  thirty  thousand 
dollars  to  him  in  hand  paid  by  tins  plaintiff,  all  his 
l  ight,  title  nnd  interest  in  and  to  said  inventions  and 
improvements,  and  in  tlio  applications  for  tlie  same, 
and.the  Letters-Putent  that  might  be  issued  therefor. 

Eighth.  Ou  or  about  the  19th  day  of  July,  1875, 
the  said  Jay  Gould  executed  mid  delivered  to  this 
plaintiff,  for  a  valuable  consideration,  an  assignment 
of  all  liis  interest  in  Duplex  and  Qimdruplex  Patents 
-or  applications  for  patents  relating  to  Duplex  or 
•Quadruplex  Telegraphy,  which  assignment  was,  on 
tho  eleventh  dny  of  April,  1870,  tiled  for  record  in  - 
the  United  States  Patent  Office.  None  of  the  in-  10 
ventions  therein  described -nnd  none  of  those  de-  ■ 
.scribed  in  the  applications  hereinafter  mentioned 
■  were  made  ;for  the  gold  and  stock  company,  Du¬ 
plex  and  Quadrupled  Telegraphs, .  so  called,  are  a 
mode  of  telegraphy  by  which  electrio  oiirrents  can  bo 
transmitted  in  the  same  directions  and  in  the  opposite 
-directions  at  tlie  same  time,  over  the  same  wire  ;  nnd 
•tlio  number  of  messages  which  in  a  given  time  can  be 


transmitted  over  the  snmo  wire  is  thus  more  than 
doubled,  nnd  the  speed  with  which  messages  received 
for  transmission  can  bo  transmitted  is  in  like  manner 
and  to  the  same  extent  more  than  doubled. 

The  system  of  duplex  and  quadruples  telegraphy 
is,  and  has  been  sinco  1870,  therefore  properly  called, 
and  is,  in  fact,  a  system  of  fast  telegraphy,  and  is 
especially  adapted  to  bo  used  in  connection  with,  nnd 
is,  in  fact,  applicable  to  the  automatic  system  of  tele¬ 
graphy.  This  plaintiff  is  informed  nnd  believes,  that 
the  inventions  and  improvements  mentioned  and 
described  in  the  applications  hereinafter  specified, 
are  useful  and  valuable  additions  to  the  automatic- 
system  of  telegraphy,  nnd  to  the  instruments  nnd 
machinery,  constructed  by  the  said  Edison,  for  the- 
purpose  of  developing  the  same  into  practical  use ; 
and  the  said  inventions  are  adapted  for  the  purpose 
of  successfully  and  economically  developing  the  said 
automatic  system  of  telegraphy  into  practical  use, 
and  are  applicable  to  the  same,  and  to  mechanical. 


Ninth.  On  the  nineteenth  day  of  August,  1874,  the 
snid  Edison  executed  seven  applications  for  Letters 
Patent  of  the  United  States  of  America,  for  certain 
improvements  in  duplex  telegraphs,  which  said  ap¬ 
plications  were  dated  that  day,  and  were  numbered, 

respectively,  94,  95,  90,  97,  98,  00,  100,  and  the  samo- 
were  thereupon  tiled  in  the  United  States  Patent 
Office.  And  the  said  Edison,  ns  this  plaintiff  is  in¬ 
formed  nnd  believes,  at  the  same  time  complied  in  all 
respects  with  the  provisions  of  the  law  in  such  case- 
made  nnd  provided.  This  plaintiff  is  informed  nnd 
believes,  that  on  the  14th  day  of  December,  1874,  tlie- 
snid  Edison  executed  an  application  for  Letters 
Patent  of  the  United  States,  for  a  certain  improve¬ 
ment  in  duplex  telegraphs,  which  application  was- 
numbered  112.  On  the  24th  day  of  February,  1870, 


lie  executed  an  application  for  Letters  Patent  of  the 
United  States  for  an  improvement  in  qundruplex 
telegraphs,  which  application  was  numbered  113. 
The  said  last  mentioned  applications  were  filed, 
shortly  after  their  dates,  in  the  United  States  Patent 
Office. 

And  the  said  Edison,  at  the  same  time,  complied 
in  all  respects  with  the  provisions  of  the  law  in  such 
case  made  nnd  provided. 

Tenth.  On  the  nineteenth  day  of  August, 1874,  the 
defendant,  Edison,  in  violation  of  his  agreement  with 
the  said  Harrington,  hereinbefore  averred,  and  with¬ 
out  his  consent,  executed  nnd  delivered  to  the  de¬ 
fendant,  Prescott,  an  agreement,  of  which  a  copy  is 
annexed, , marked  F. 

Eleventh.  The  said  Commissioner  of  Patents,  after 
receiving  said  applications,  proceeded  to  consider  the 
same,  and  determined  that  the  said  Edison  was  the 
first  inventor  of  the  improvements  therein  described, 
and  that  the  same  were  new  and  useful,  and  that 
letters  patent  of  the  United  States  should  be  issued 
for  the  said  improvements,  nnd  each  nnd  every  of 
them. 

Twelfth.  On  the  23d  day  of  January,  1875,  the 
said  Edison  did  present  to  the  Commissioner  of  Pat¬ 
ents  a  letter  signed  by  him,  in  which,  recognising  the 
inference  of  the  Commissioner  of  Patents  that  he  had, 
according  to  the  forms  of  law,  requested  that  letters 
patent  should  issue  to  himself  and  Prescott,  lie  re¬ 
voked  the  request  that  letters  patent  of  the  United 
States  should  issue  to  himself  and  the  said  Prescott, 
nnd'recitinghis  prior  agreement  with  said  Harrington, 
requested  that  letters  patent  of  the  United  States,  for 
the  improvements  mentioned- in  said  application, 
should  issue  to  himself  and  said  Harrington.  The 
.  snid  Harrington,  at  the  same  time,  presented  to  the 
said  Commissioner  a  petition,  in  which  lie  averred 


tlio  said  assignment,  bearing  date  April  4,  1871,  and 
prayed  for  the  issue  of  letters  patent  to  himself  and 
Edison,  as  the  said  Edison  had  requested  in  his  said 
16  letter.  Copies  of  said  letter  and  petition  are  annexed 
hereto,  and  marked  G.  and  II.  respectively. 

Thirteenth..  The  said  Commissioner  did  (hereupon 
determine  that  the  legal  title  to  said  applications, 
numbered  04,  OS,  00,  07,  08,  00,  100,  and  the  im¬ 
provements  described  therein,  was  in  the  said 
Prescott  and  Edison,  and  that  he  had  no  power  to 
take  testimony  in  respect  to,  or  to  examine  in  any 
way  into  the  equitable  title  to  the  said  improvements, 
and  the  qnestion  of  title  thereto  must  be  determined 
by  the  courts.  And  lie  directed  Hint  letters  patent  of ' 
tile  United  States  should  issue  to  the  said  Prescott  and  ■ 
Edison  for  the  said  several  improvements.  And  the 
said  Prescott  claims  that  letters  patent  tor  the  inven- 

16  tions  and  improvements  described  in  all  of  said 
applications  should  be  issued,  and  is  urging  the  said 
Commissioner  of  Patents  to  issue  the  same,  and  the 
same  will  be  issued  and  delivered  to  tlio  said 
Prescott  and  Edison  unless  prevented  by  the  in¬ 
junction  of  this  honorable  court.  The  issuing  of  the 
said  letters  patent  to  them  would  work  irreparable 
injury  to  this  plaintiff,  and  one  which  could  not  be 
compensated  in  damages.  It  is  impossible  to  de¬ 
termine  in  money  the  value  of  said  improvements; 

but  the  same  are  of  great  vnlue,  and  materially 
facilitate  and  expedite  the  transmission  of  tele¬ 
graphic  messages.  If  such  letters  patent  for  the 

17  said  improvements  are  issued  to  said  Prescott  and 
Edison,  they  will  have  the  record  titlo  thereto,  and 
may  dispose  of  the  same  to  a  bona  tide  purchaser 
for  value,  unless  prevented  by  injunction.  And 
although  by  the  terms  of  the  said  alleged  assignment 
of  Edison  to  Prescott,  .which  the  Commissioner  of 


[Patents  has  assumed  to  consider  an  application  by 
-jildison  that  said  letters  patent  shall  issue  to.  Pres- 
Bcott  and  Edison— one  of  said  parties  cannot  dispose  18 
§|of  any  interest  therein  without  the  written  consent 
Hof  the  other— and  other  conditions  are  named,  yet 
fftho  said  conditions  cannot  be  introduced  into  letters 
{patent,  and  will  not  appear.on  the  face  thereof. 

‘i  The  defendant,  Serrell,  is  the  attorney  of  record 
for  the  said  Edison  and  Prescottin  the  snid  several  ap- 
Iplica tions  to  the  snid  Patent  Ollice,  andisproseouting 
ft  ho  same  for  them  ;  and  in  the  ordinary  course  of 
{business  in  snid  office, .  the  said  patents,  when  issued,  10 
Twill  be  delivered  to  him,  and  all  correspondence  with 
said  office  in  relation  thereto  takes  place  with  him. 

Fourteenth.  Tho  plaintiff  further  avers,  upon  in¬ 
formation  and  belief,  that  snid  agreement  between 
the  defendants,  Edison  and  Prescott,  was  executed 
under  the  advice  of  the  counsel  for  said  Prescott, 

•who  was  also  the  counsel  for  the  Western  Union 
Telegraph  Company,  that  the  agreement  aforesaid 
between  him  and  said  Harrington  did  not  include 
duplex  and  quadruplex  telegraphy,  lhe  snicL  Mar-  ^ 
rincton  was  then  absent,  and  the  said  Edison  was 

mi3ed  by  such  erroneous  advice  into  executing  the 
said  agreement  between  him  and  Prescott.  It  was 
made  without  any  valuable  consideration  whatever, 
anil  tlio  said  Prescott  lias  not,  nor  has  any  one  paid 
to  said  Edison  any  money  or  other  value  whatever 
on  account  thereof.  The  same  was  made  upon  the 
faith  of  promises  made  by  said  Prescott  that  lie 
would  assist  the  said  Edison  to  develop  tho  said  in- 
volitions,  and  introduce  the  same,  and  sell  tlie  same 
for  a  sum  or  price  in  some  degree  commensurate  with 
their  value,  and  also  upon  the  terms  and  conditions 
in  said  agreement  set  forth.  But  tlio  said.  Prescott,, 
who  was  then  and  has  ever  since  been  electrician  of 
the  Western  Union  Telegraph  Company,  did  not  in 
good  faith  carry  out  and  perform,  the  suid  promises, 
terms  and  conditions,  but  fraudulently,  and  with  the 
intent  and  design  to  benefit  his  employer,  tlio  West¬ 
ern  Union  Telegraph  Compnny,  to  tho  detriment  and 
injury  of  said.  Edison,  and  to  compel  him  to  join  a 
(with  said'  Prescott  in  executing  a  conveyance  to  tho 
Isaid.  Company  for  a  small  and  totally  inadequate' 
[consideration,  did  wilfully  violate  tlio  said  promises, 

*•  and  conditions  in.  tho  following  particulars: 


" _  | _ 


!•  He  did  not  furnish  tlio  said  Edison  any  money 
or  assistance  of  any  kind  in  and  nbout  developing 
tlio  said  inventions  and  introducing  and  soiling  tho 
saino  oxcopt  as  hereinafter  stated. 

2.  Ho  did  pay  tlio  fees  required  by  l;nv  upon  filing 
the  said  applications,  and  did,  in  tlio  fail  of  187-i, 
assist  the  said  Edison  to  obtain  tlio  use  of  some  of  tile 
wiros  and  machinery  of  the  Western  Union  Telegraph 
Company  for  tlio  purpose  of  experimenting  with  the, 
8aui  m volitions  and  improvements ;  but  as  soon  as 
tlio  machines  embodying  tho  same  proved  successful, 
ho  allowed  and  undertook  to  license  tho  Westorn 
Smpv0 loSrap|1  Company  witliout  tlio  consent  of 
saul  Edison  to  uso  tlio  same,  and  they  linvo  ever 
s  ice  been  used  by  said  Company  to  its  great  profit 
and  ad  vantage,  without  the  payiiient.of  any  consul- 
co!,se!!t  lt'1Ver  l°  0,0  saill^son.  «nd  without  his' 

with  th«T-n  U"{  si,id  Eaiaon'  >“  tllu  fall -of  1874,  was/; 
not  ifimr^ knowledge  and  consent  of  said  Prescott,  no- 
1,11  tll“  said  last  mentioned  Company  for?: 
describe,/?.,  »  PiF  Sllld1.lml?10'’cments  and  inventions 
noTnromotn  Tin/  apP1(,catl0'1?.  lll«  said  Prescott  did? 
the  contr?, •?  I*!01  aafalat  “!  .8aid  »o?otiations,  but  on 
ari  ft  n  l  ?  '  combined  witfi  tlio  President  of 
to  iink,?1/’  7  '0.!vaa  actil‘g  011  its  bclialf,  to  ref, iso 
to  uwico  any  dohnito  olTor  to  said  Edison  nnd  tn 

tious  U!iil  tiio  ^Imn  decisi°11  ul)ou  saidnegotia: 

S:  ,  U,,  “.!ould  bo  Educed  by  the 

pilce  f  °  80,1  sald  m',L‘i‘tions  fora  nominal 

thoklSwtedl^nW'^  0ldared;?f  sold  Edison (witli 

negotlntfons  immtf  pl'om,8ed  to  complete  tlio  said; 
that  purpose  Tlnf/mi  m®8  to  put  *dm  hi  funds  for 
and  incurred  liabilities  hull011  SpanU11  ot  said  moiioy; 
of  seven  Csan d dollars ,to  oxto,l 

tlui  facts  herc4nbe?ota°vetd  nTMU  lm°'vi'4 
end- connivance  of  said  $ 


6aid  negotiations,  in  tlio  expectntion  and  belief  that 
lie  would  be  .thereby  compelled  to  accede  to  term! 
for  tlio  sale  of  said  improvements  much  below  theft 
real  value. 


and  authorizing  tho  said  last  mentioned  Company  to 
manufacture  other  machines  embodying  tlio  said  im¬ 
provements,  and  assisted  and  directed  in  and  nbout  28 
the  said  manufacture,  and  tlio  said  Company  1ms 
actually  manufactured,  or  caused  to  be  manu¬ 
factured,  many  machines  embodying  tiie  said  im¬ 
provements,  and  is  now  using  the  sumo  witliout  tlio 
consent  of  said  Edison,  mid  witliout  paying  him  any 
compensation  therefor,  and  to  the  great  profit  and 
advantage  of  said  Company. 

Fifteenth.  Thereupon  tlio  said  Edison,  ns  lie  law¬ 
fully  might,  elected  to  rescind  tlio  said  agreement 
witli  Prescott,  and  exeouted  tlio  instrument  aforesaid,  20 
marked  G.,  and  caused  tlio  sumo  to  be  forthwith 
filed  in  the  United  States  Patent  Office,  together  with 
the  said  petition,  marked  H. 

Sixteenth.  The  defendants,  Prescott  and  tlio  West- 
ern.Union  Telegraph  Company,  lmd  notice  prior  to 
Julyl,  1874j.of  the  agreements  aforesaid  between  1 
said  Harrington  -and  tiie  defendant,  Edison.  Tile 
last  mentioned  Company  now  claims  to  be  (lie  owner  (j 
of  tlio  inventions  and  improvements  mentioned  in  -  ' 

said  applications,  by  virtue  of  some  alleged  agree-  L30 
meat  between  itself  and  the  said  Prescott  and  Edi¬ 
son,  tlio  precise  nature  of  which  is  unknown  to  this 
plaintiff.  But  tho  said  Company  never  closed  or 
consummated  the  said  alleged  agreement  until  after 
the  said  agreement  with  said  Prescott  was  rescinded 
ns  aforesaid,  nor  until  after  the  snid  instruments 
marked  G.  and  H.  were  filed  in  tho  United  States 
Patent  Office,  tior  was  the  same  made  with  tlio  con¬ 
sent  of  tiie  snid  Harrington,  or  tho  said  Gould  or  this 
plaintiff,  nor  did  this  plnintiff  know  or  suspect  tho  31 
same  until  after  tho  first  day  of  February,  1870 ;  nnd 
this  plaintiff  is  informed  and  believes,  that  neither 
snid  Gould  nor  snid  Harrington  knew  of  the  same  until 
:  after  said  last  mentioned  day.  •  ‘ 

|  i  Seventeenth.  The  snjd  Edison,  immediately  after 


the  rescission  of  said  contract  with  Prescott  as  afore, 
said,  offered  to  return  to  him  and  to  said  Western 
Union  Telegraph  Company  all  sums  of  money  cx*' 
pended  by  them  respectively  in  pursuance  of  said 
contract,  or  upon  the  faith  thereof,  but  they  and  each 
of  them  refused  to  receive  the  same  or  any  mrt 
•  thereof.  J  ‘  * 


1.  That,  the  defendants,  and  each  of  them,  and 
SSt  attorneys  and  agents,  may  be  eujomed  and  re,  • 

‘•d  dlV‘nS  tll.0  pendency  of  this  suit  from  pro- 
nfflm?  n “r  ,lPPllcat}°!13  for  letters  patent,  or  any 
of  them,  or  from  receiving  letters  patent  upon  any 
meats  tu  .aPlJllcnt‘0»s.  or  for  any  of  the  improve- 
ments  therein  described,  or  from  selling,  disposing 
fcum  ^.th0  same  in  any  way,  and  that 
mJ  tmnsmn1  t°'t  lem  execute 

twi,  ns?  •  tll(3  sa,d  Commissioner  a  request 
sahl 1  i  f  f  0  g  letters  patent  upon  the 
said  applications,  or  any  of  them,  until  tho  questions 
as  to  tho  title  thereto  be  determined  in  this  Action 

2.  That  the  said  defendants,  Prescott  and  The 

further  prosccutiL  the  sSl  nn.^  1  -,i8  court  f,0ln 
scribed  therein  f 

to  execute  such^mfh^  b° 

applications.  ,  inventions  described  in  said 

•  5>  T1’at  th«  Pontiff  may  have  such  other  or  fut-  ' 


ther  order  or  relief  as  may  be  just,  together  with  the 
costs  of  this  action. 

McDaniel,  Lu.umis  &  Soutiiei:, 

Plaintiff's  Attorneys. 


City  and  County  of  Nm-  York,  ss. : 

Thomas  T.  Eckert,  being  duly  sworn,  says,  that 
lie  is  President  of  tile  above  named  plaintiff ;  that 
ho  has  read  tho  foregoing  complaint  and  knows  tho 
contents  thereof,  and  that  the  same  is  true  of  his 
own  knowledge,  except  as  to  tho  matters  therein 
stated  on  information  and  belief,  and  as  to  those 
matters  be  believes  it  to  be  true. 

Thos.  T.  Eokeiit. 

Sworn  to  before  me,  this  11th  1 


day  of  2fcp3l,  1876.  j 

j-l. 


ut/lio, 
Kings  Co. 


10  cnpitnl  to  bo  furnished  by  tho  party  of  tho  first 
shall  -consist  of  tho  stock,  machinery,  tools  and 
itions  owned  wholly  or  in  part  by  him,  of  which  an 
itory  shall  bo  made,  without  reservation,  but  so  much 
o  stock,  machinery,  tools  and  fixtures  partly  owned 
.  I1?!1?  'I'0  hrst  part  and  in  part  owned  by  ono 

lam  Unger,  as  aro  now  located  and  in  uso  at  the 
er  place  ot  business,  at  Number  Fifteen  Bnil-Uond 
l,,e>  Newark,  Ncw-Jerscy,  shall  bo  allowed  to  ro- 
there  for  uso  by  tho  parties  hereto,  and  tho  said 
atn  Unger,  under  tho  linoxpired  piirtnorship  ns 
ng  at  tins  date  bctwcon  Edison,  party  of  tho  first 
and  tho  said  William  Unger,  but  snid  Bliop,  ina- 
J  ,  tools  and  fixtures,  known  as  No.  15  Bni'l-Rond 
ue,  shall  not  bo  used  ns  a  place  of  general  inaiiu- 
Ifnm.'f"  ,°r<  <irf  ,0,tl'e  de,rimt:llt  of  interests  of' 
....... f.._...,y  to  bu  established  and  known  as  tho- 

can  Iclcurnpli  Works,”  under  the  auspices  of 
0 1  bo  owned  by  the  parties  to  this  indentnro,  it  being 
^  ‘l1111  tl‘o  gcnoriil  mnnuructiir^.: 

T,?inCU"‘i  18  ,0  **“  transferred  to  tlio 
a,. ,  I  ^  "T"1.’ 1  "u,l<8>  to  lu  established  under  this 

!'°  tnil|ster  of  the  title  to  tho  stock,: 
tmrlhv  tl  n.  n-  UrCf  *ln<1"lvu"tions  owned  wholly 
'stand  «!.?,!  “f  f'.L'  f!r8t  l,1,rt  to  tho  parties  of 
■o, rations  lo,  bo  ,lu,d  them  in 

1  kirnislK.,!  ,  i  1  •“  to  tho  amount  of 

cd  s  n  ,  „ !“  ll,0TJ  8‘,'l'"l«ted.  shall  bo  taken  and 
•plied  by  the^ party  “of  Urn  ffipru"  “npitnl  ^ 

nd  ift'ten'uo?  tlra  •' >ftrt  81,8,1  B'vo  '»«  whol^ 

ss  ,  '  c  0  '  n  :,"vo,,tivo  P°",0r8  to  tho 
paities  to  .my  di.-i.f  nlld  admit  no 

veutions  or  Lurov  .,  ‘"dlr,i,!,t  i,,t<!re8t  »>  “»d  t0 

tcept  as  heroin  na?  ?'!  I".lul°  or  *°  ho  made  by 
and  belong  to  tho  panief  ol'  'll’  bJt  *"  s,lcl1  81,1,11 
is  above  set  forth  L#h  ■  °  1 10  l,ret  ""<•  second. .; 
'  sixth  of  this  indnninlo  l'tPl)0,;tio"  ns  sot  forth  in 
I'eiitinns  uiiido  oxclusivn’l  ?rov.,dod>  however.  That 
'»y,'vhicd,,  nndcFa  com  „ra'it  ,oGold  n,,d  Stock.  ? 
»t  part  and  Hr.  Marslmi'V ‘«t  between  snid  parly  ot  , 
ty  ol  tho  Gold  and  Stock^Con',!.8.."^'  to,bo  tbc  8°l0  i 
°d  in  this  Agreement  Hutu  not  to  bo 

brst  part  binds  liiniBolf  uoM  8a.^Ediaon  or  party 


parties  whatever,  without  the  consont  of  tho  pnrty  of  tho 
iccond  pnrt  hereto,  any  invention  or  improvement  that 
nay  be  useful  or  dcsiro'd  in  automatic  telegraphy.  And 
irovided  further,  that  for  any  original  inventions  or  im¬ 
provements  that  tho  party  of  tho  first  part  may  mnko 
other  than  such  ns  mny  bo  suggested  or  nriso  from  the 
current  work  in  tho  manufactory,  there  shall  bo  allowed! 
and  paid  by  the  firm  to  the  pnrty  of  tho  first  pnrt  al 
reasonable  and  proper  compensation  therefor,  nccnrdingl 
to  its  practical  vuliie,  all  things  considered.  Such  pay- 1  47 
inont  to  be  in  addition  to  and  irrespective  of  tho  propor-l 
tionate  pnrt  of  the  profits  of  tho  business  of  tho  firm  to 
which  tho  pnrty  of  the  first  part  would  bo  otherwise  on- 
titled. 

And  it  is  further  agreed,  that  if  any  disagreement 
shall  nriso  ns  to  tho  sum  which  mny  bo  claimed  ns 
11  reasonable  and  proper”  to  bo  pnid  for  such  original  in¬ 
ventions,  tho  question  shall  be  referred  to  an  arbitrator, 
or,  if  preferred  by  oitlior  of  tho  parties,  to  three  disinter¬ 
ested  pnrtics,  ono  to  bo  chosen  by  each,  and  a  third  by  tho  48 
two  thiiB  chosen,  and  whoso  decision  shall  bo  final  and 
binding  upon  both. 

Sixth.  That  all  profits  arising  from  the  business  of  tho 
firm,  and  from  all  inventions  and  improvements,  and  from 
tho  manufactory,  shall  be  divided  between  tho  parties  ns 
follows:  One-third  thereof  to  tho  party  of  tho  Hrst  part, 
and  two-thirds  to  tho  pnrty  of  tho  second  part ;  nnd  all 
taxes,  rents,  insurance  and  other  expenses,  and  all  losses 
or  damages,  if  any  such  shall  occur,  shall  bo  paid  from 
tho  general  rccoipts  of  tho  firm  arising  from  its  business:  40 
if  (hero  shall  be  nienfiicioiit  rccoipts,  tho  deficiency  shall 
bo  supplied  by  the  parties  lioreto  in  tho  ratio  of  ono- 
third  nnd  two-thirds,  or  shall  bo  taken  from  tho  cnpitnl  of 
the  Company. 

Seventh.  Tho  partners  shall  bo  allowed  and  paid  from 
tho  gross  revenues  arising  from  tho  business  a  sum 
oqunl  to  fifteen  per  cent,  upon  tho  capital  pel  milium,  to 
bo  divided  into  monthly  payments,  nnd  a  like  per  centum 
on  moneys  advanced  by  either  pnrty  ovor  nnd  nliovo  their 
proportionate  parts  of  tho  capital  as  above  60t  forth,  and  go 
nil  excess  of  profits  shall  remain  in  tho  treasury  el  tho  • 
firm,  to  bo  appropriated  to  tho  enlargement  of  tho  works 
nnd  manufactory,  litid  extension  of  the  business  as  may 
■from  time  to  timo  bo  agreod  upon.  Otherwise  than  ns  sut 
forth  in  this  section,  there  shall  bo  no  moneys  or  property 
belonging  to  tho  firm  withdrawn,  taken  or.  uiod  by  eitiior 
.partner  oxcopt  upon  tho  written  consont  of  both  partners. 


Eighth.  Tlio  piirty  of  tlio  first  pnrt  shall  Imvo  tlio  064- 
trol  and  direction  of  tlio  manufactory,  niid  shall  employ 

61  and  dismiss  (ill  workmen,  na  lio  slmll  doom  best  for  tlio- 
interests  of  tlib  firm  ;  sliall  pnrclinso  nt  lowest  cash  prices 
without  commission,  tlio  machinery,  tooln,- stock  nnd  otliet 
necessaries  required  in  tlio  manufactory,  lind  generally 
shall  bo  responsible  for  the  careful  preservation  of  the  • 
machinery  and  property  of  tlio'  Company,  and  tlio  ctS- 
rforiiicnl  conduct  of  tlio  manufacturing  part  of  tlio  busi¬ 
ness.  But  tlio  manner  of  keeping  tlio  accounts  and  boob- ' 

6f  the  firm  rind  manufactory,  ana  tho  employment  of  p6f- 
sons  required  in  keeping  such  accounts  and  books,  rind  all 

62  that  relates  to  the  financial  affairs  Of  tlio  firiu  and  bust 
ness,  nnd  the  disposition  of  tho  proceeds  of  the  ninnnfno- 
tory,  shall  bo  performed,  or  approved;  controlled  and 
directed,  St  his  option,  by  tlio  party  of  tlio  Sfcttrid  part,  . 

Jfinth.  TlieroBlinii  bo  lio  notes  given  nor  any  liabilities, 
created  by  any  member  of  the  firm  without  the  previous 
assent  of  both  tho  partners. 

Before  contracts  shall  be  entered  info  for  fhe  iiiamifac-  i 
taro  of  any  given  number  of  articles,  it  shall  bothedutyof 
the  parly  of  the  iirst  part  carefully  to  estimate  tho  whole 
amount  of  moneys  that  will  lio  required  to  fulfill  such 
com, act  if  made,  and  the  length  of  time  that  will  lie  re¬ 
quired  to  produce  the  urticles  wanted  ;  and  such  cstimafo 
shall  be  submitted  to  the  party  of  the  second  part  in  order- 
la  to  "'r  'V  10  condition  of  tlio  firm  is  such 

“  J«st'fy  tho  outlay,  and  whether,  when  making  tho  . 
conti uet,  it  should  not  bo  provided  iiisucli  contract  for  - 
nd  anees  te  he  made  by  tho  parties  for  whom  tho  work.  . 
hefOTebeompTe,tio.,!,1'01>0rtl0'‘  08  tl,c  work  progresses  and. 

Bi  bvttM1  rr"*  6lm."  1)0  kcl,t  of  business  doiio-"- 
sales  V  ,  11  ln,"E»e"uhsof  pnrehasd,  miinnliictiiro, 

mcor’dld  in  .i,""d  l"?'"'c!lt8  8111,11  ho  clearly  and  fully 
of  whatever  ,10'  '  “  detllllcd  nccoinit  of  all  oxpcnscs 

'counts  shall  «>  ,,n '!•“  {■•■»*.■»<  the  books  and  u co¬ 
partner.  «  1  mcs  °>lcn  fo  ,l,°  inspection  ol  either  i; 

66  big,  Or  in  aiiv  wisn  „!?" ! .  *=°>  hmoiigmg  to  or  concern-  ■*; 
bis  ess  *  nffeet",g.  said  partnership  or  suidif 

etof^auhe  n'uinufll^uroofalhnn!  rgrcod  •  ,,nd  n"dol>  <  ■ 

re  ot  all  machinery,-  instruments,.  : 


neeessarv  to  developo  inventions  nnd  improvements,  ana 

bo  obtained  by  either  of  tho  parties  hereto,  slinll  bo  mwiu-  66 
Tactured,  made  nnd  filled  lit  arid  from  the  manufactory  to 
beset  up,  created  of  established  under  tins  copartnership, 
add  at  no  tiilier  place,  slibp  or  nmnutactory,  without  tho 
consent  of  all  tlio  parties  to  this  indenture. 

Thirteenth.  It  is  further  stipulated  rind  agreed;  that 
tlio  party  of  tlio  Becond  pnrt  may,  at  his  own  option,  ad¬ 
mit  a  third  party  into  the  find  iipon;  terms  ot  equality 
with  him  nnd’  with,  the  party  of  tlio  hrst  .part,  tot  is  to 
Cay :  To  iih  cfjnril  tl.irtl  iim  t  or  ul  crest  in  all  tlm  mycm 
tioiis,  tittle,  nnichittry,  obis  and  rill  othtt  nwporty  of  the 
firm  till'd  in  tliri  business,  with  oue-tlind  eh.u o  of. 
fits  and  losses  arising  therefrom,  and  oi^\tJiud  bcnLnt, 
and  an  assumption  of  one-third  of  till  the 
firm.  Provided,  that  by  the  admission  ol  such  third  party 
tho  interest  of  the  said  party  of  the  Iirst  part  in  tho  P>  * 
petty  mid  business  ol  tbo  hrm  shall  not  be  lessoned 
thereby,  nor  tlio  stipulations  and  agrco.ueiita  uiia  provi- 
sions  of  this  indenture  changed  or  modified,  except  l  so 
far  as  most  necessarily  follow  tho  admission  of  a  thud  ^ 
....... not.  ni)0„  nn  cqiml  footing  in  interest,  nnd  in  aH  othei 

respects  with  all  t?io  rights  and  privileges,  and  subject  to 
aUPtho  restricti0ns  to  be  enjoyed'  or  asTmposcd  upon  the 
parties  to  this  indenture. 

Fourteenth.  This  partnership  shall  continue f  «  P^f^C 
or  term  of  fivo  years  from  tho  iirst  day,  of  Octoliei,,  re 
eighteen  bnndrcd  arid  seventy,  unless  sooner  dl88olvoj£g/^ 
by  niutiml  consent  of  rill  the  parties.  £..Y 

Fifteenth.  At  the  expirntiori  of  tlio  partrierthip;  oi'  on 
its  final  dissolution,  tlio  property  and 

all  liabilities  of  the  firm  Intimately  created  n  thewarse  W 
of  tho  business;  shall  be  divided  among  tlio' respcctno  J 
nart  iers  actofding  to  their  respective  interests ;  and  m 
mri  ri”v  tto  of  the  partners  shall  die  before  the  expira¬ 
tion  of  the'  partnership,  tlio  surviving  partner  Mpw»^ 
if  thero  shall  bo  mord  than  ono,  shall  account  ioi  ana 
pay  over  to  tlio  executors',  administrators  or  other  jogpl 
representatives  of  such  deceased  partner,  >>>b  Fopmrtion 
of  tlio  moneys  arid  of  tlio  proceeds  of  all  propeity  and 
assets  owned  by  said  partnership  or  firm. 


CO  ' Sixteenth .  Tlio  provisions  of  this  indenture  mny  bo  nil1 
torod  or  modified,  from  time  to  time,  upon  tlio  agreement 
mid  written  consent  of  all  pnrtios. 

In  witness  wlioreof,  tlio  said  Thomas  A.  Edison,  and  tlio 
said  Georgo  Harrington  Imvo  lioroiuito  sot  thoir  hands 
nnd  nfhxed  thoir  seals,  in  tlio  City  of  Now-Fork,  on  tlio 
day  and  date  first  above  written. 

George  Uaiiihnoton,  [seal.1 
i  „  Thomas  A.  Edison.  [seai,.1  f 

In  presenco  of  1  J 

01  J.  IV.  Treadwell, 

Ciias.  S.  Hiooinson. 

Oity  and  County  of  jtfew-Tork,  ss. :  ■';$ 

this  31st  day  of  Dccombor,  1870,  before  me  nor- < 
Edison  i!l’!iTd  Go0rgo  IInrri"St0"  nnd  Thomas  A. v: 
to  hn  ihn  ■  !"°  l>or30llnlb'  known,  and  known  by  ino 
within  irt«t,M  .Vd,Vn  8  d?STbed  in  nnd  "'ho  exeentod  tho 
".othit’^'S,"^,^,^0™1^  neknowludgod  to 

Co  c«*s..U.  Kitchel,  Notary  Public, 

m  and  for  A  cw-  York  City  and  County . 

Exhibit  B. 


Thomas  A.  Edison  a; 


3  Gkoiioe  Harrington. 


Dated  April  4,1871.  '  '¥. 

StaTo'S^&lf;  °f.  }h°  City  of  Newark,  ’ ' 
sidorntions,  to  mo  in’hm  5,or  '.u,n  Vl,bd  n,'d  valimblo  con- , 
tion  of  cortain  civo  m  ,i  d  .n,,U  *"  Turthor  qonsidera-  & 
J*y  Goorgo  San  ,  to  bo  lulfillod,:| 

inmbia,  md  sdpulato  ndil^n^  »  "'•P1011*  Diatriet  of  Co-' «f 
03  for  tlio  said  Harrinotnn  °°i  0  l,,VQ1|t  nnd  construot  0 

I  3a  'nonts  and  machine! v  th!  r  “"d  complete  sets  of  instrn-  p. 
t  1  "oinicnliy  devolopo  into  hr.u !?" V  B"c°°3sfiiUy  mid  eco-  Z 
'  nyjtem  of  aiitom„tic  orPf  f  .,,8°  thoLittl®  mother  ; 

subsequently  to  Im'wwo of  tologrnphy,  and  ‘ 
,lflf  nnd  machinorr  by  aidim?  th»'  J10!*®®1  such  instruments 
f“‘:  ‘or  invonSasoSrto.f,,<>l.n  tiln®  to  time  such 
nbility  ns  an, inventor  and  nt./*?-6-1011  d  do,nnnd,  mid  my  jfc 
ponnit  5  nnd  furthermore  to^nSI*"  "lisllt  suggest  nnd  % 
i  w  1'ieparo,  or  eauso  to  bo  pro- -  4 


pnrod,  tlio  necessary  descriptive  paporB,  tho  models  nnd 
drawings' requisite  nnd  necessary  to  obtain  patonts  for  all 
ouch  inventions  nnd  improvements,  to  bo  tho  joint  pro¬ 
perty  of  the  said  Harrington  and  myself,  nnd  the  pat¬ 
onts  to  bo  issued  to  the  said  Harrington  nhd  myself  in  tlio 
proportionate  interest  of  two-thirds  to  snid  Harrington 
nnd  oiio-third  to  myself,  tlio  whole  to  bo  under  the  sole 
control  of  snid  Harrington,  to  be  disposed  of  by  him  for 
opr  mutual  benefit  in  the  proportions  hereinbefore  re¬ 
cited,  in  such  manner  and  to  such  extent  nB  he,  the  said 
Harrington,  should  deem  ndvisnble,  with  power  to  sell, 
transfer  nnd  convoy  tho  wliolo  or  any  part  of  tho  rights 
nnd  titles  in  and  to  any  or  all  of  snid  inventions  nnd  im¬ 
provements,  as  also  of  tho  patent  or  other  rights  arising 
therefrom;  nnd  tho  Enid  Harrington  having  faithfully 
fulfilled  all  of  tho  covenants  and  stipulations  entered  into 
by  him  :  Now,  therefore,  be  it  known,  that  in  considera¬ 
tion  thereof,  and  of  the  sum  of  one  dollar  to  mo  in  hand 
paid,  1,  Thomas  A.  Edison,  of  tho  City  of  Newark,  State 
of  New-Jei-6oy,  do  by  these  presents  hereby  assign,  set 
over  and  convey  to  him,  tho  said  Harrington,  two-thirds 
in  interest  of  all  my  snid  inventions,  including  therein  all 
my  inventions  of  mechanical  or  copying  printers,  and  ol 
all  the  patents  fur  all  such  inventions  nnd  printers, 
whether  alrcndy  issued,  applied  fur  or  to  ho  hereafter  ap¬ 
plied  for,  and  of  all  and  whatsoever  of  my  inventions  and 
improvements  inado  or  to  be  .made,  and  of  all  tho  patents 
that  may  be  issued  therefor,  that  lira  or  innv  bo  applies 
ble  to  automatic  tclogrnphy  or  mechnnical  printers. 

And  whereas,  I  am  desirous  of  obtaining  tho  co-opera¬ 
tion  and  assistance  of  tho  snid  Harrington  in  disposing 
of  my  eaid  one-third  interest,  ns  before  recited,  and  foi 
tho  purpose  of  united  and  harmonious  action  in  nogo- 
4  dating  for  its  use  or  its  solo  and  transfer  by  or  to  othorE 
in  conjunction  with  his  own,  and  in  such  free  and  un 
restricted  manner  ns  will  tend  to  success,  and  for  the  sum 
of  one  dollar  to  me  in  hand  paid,  tlio  receipt  wlioreof  ii 
hereby  acknowledged :  Now,  therefore,  bo  it  known,  that 
I,  Thomas  A.  Edison,  of4  tho  City  of  Newark,  State  o 
Ncw-Jcrsoy,  bavo  constituted  and  appointed,  and  bj 
tlioso  presents  do  constitute  and  appoint  Georgo  Barring 
ton,  of  the  City  of  Washington;  District  of  Columbia,  mi 
true,  lawful  and  only  attorney,  irrevocable,  with  powo: 
to  substitute  for  mo  and  in  my  nnine.  nnd  in  such  mnnno 
ns  ho  may  tliiuk  best,  to  sell,  transfer  and" convey  all  in; 
rights,  titles  and  interest  in  nnd  to  nny  nnd  all  of  my  sail 
inventions,  and  tho  improvements  thereto,  whether  mndi 
or  to  bo  inndo,  mid  to  sell,  transfer  and  convey  all  of  m; 


04 

f o-y-v-'W 

,  05 

1|  ►vAfWfuivJ 

r  x&ffitX.. 

'■  07 

r 

}  08 


rights,  by  patent  or  otherwise,  arising  therefrom,  already 
mndo  and  obtained,  and  all  such  ns  may  hereafter  bo 
nindo  or  obtained,  and  to  oxccnto  in  full  any  or  all  neecs- 
sary  papers  and  documents  requisite  lor  tho  transfer  of 
title,  and  to  invest  in  otlior  parties  full  and  legal  owner¬ 
ship  therein  ;  hereby  divesting  myself  .of  and  investing 
him,  thb  said  Harrington,  with  all  the  powers  necessary  * 
ill  the  premises  tally  and  completely  to  carry  out  tho  pur¬ 
poses  and  intentions  heroin  set  forth,  herohy  fully  coil-' 
milling  all  that  my  said  attorney  may  or  shall  do  in  tho' 
premises,  as  fully  „s  if  done  by  mo  in  person  ;  and  re- 
suclfnUornevlllllSSi°,10r  °f  P“tOI,U  to  re<!t>S»'8°  liim  ns 
In  witness  whereof,  I  havo  horennto  sot  my  hand  and 

Ai  H|d  nhrl.iea  ’  fn  ‘ !°  jity  f  Ne"'nrk- lottrth  day  of 
Apni,  oiglitcon  hundred  nud  seven t)*-onc.  J 

In  presence  of  T.  A.  Eo.son.  Iseal.]  , 

A.  D.  Comma, 

A.  B.  Oandkk. 

[50  cent  Itov.  . . . 

U.  S.  Patent  Offiok. 

Libm.u:uS™ 

^  sen,  of  t„o 

[official  SUM,.]  Samokl  A.  Uoxoan, 

Admg  Comm'r  of  /‘aienfs. 

Exhibit  C. 

Gaonoa  IIah, u noton  to  Jat  Gould. 

Dated  January  1,  1875. 

tpWl,1T“D.b^8TOl,Thnnlr0  bA°al",?  dat0  tlto  firstpf  Oe-  •: 
Newark,  State  of  New  T  3  A<  Wo  Oily  of 
of  tho  City  of  Washington  Disinter  rfF  f{nrr,inKton'. 
copartners  and  joint  omim?  !  '  C,°  llrablA'  heeanio  -  , 

von  tors,  for  a  poriod  of  ii!!-1,?’  ns  "innufaeturors  and  in-  ' 
section  of  saidP indenture  irnil !  ‘iJd  wlJ°roas‘,  tho  filth  , 

1  shall  admit  no  oSr  ?dci  tl,n‘  ll>°  said  Edison 
“  interest  in  nr  l„  "  .  P!>rtlc!.to  any  direct  or  i.idirnnf  . 


“  shall  admit  no  other  partieaV^03  tlw,‘  1,10  B‘,id  Edisun 
1  ii'torest  in  or  tohnv  itwaUr  b°  W  diroct  o'1  indirect  .... 
lo  bo  mndo  bv  him  "  eS8  °r 'mprovonients  niado 


and  Edison  in  the  proportions  ns  sot  forth  in  section  sixth 
of  said  indenture:  and  whereas ,  tho  sixth  section  of  said 
indonturo  provides  that  tho  proportions  referred  to  in  sec-  73 
tion  fifth  shall  bo  onc-tliird  to  snid  Edison,  and  two-thirds 
to  said  Harrington,  all  of  which  will  moro  fully  appear 
by  refcrouco  to  said  indenture,  a  copy  of  which  is  hereto 
-attached  :  and  whereas ,  in  furtherance  of  the  provisions 
?!  8ftid  .'"denture,  and  tho  purposes  of  said  copartnership, 
tho  said  1  homes  A.  Edison,  by  an  instrument- in  writing, 
benring  date  the  fourth  day  of  April,  A.  D.  1871,  duly 
recorded  in  tho  “  U.  S.  Patent  Ollieo,  tho  Oth  of  May, 

’  1871,  in  Libor  U.  13,  page  4 1 2,  of  Transfers  of  Patents," 
to  which  reference  is  made,  duly  sot  forth  tho  fact  of  said  74 
.joint  ownership  in  his  inventions  in  tho  proportions  of 
one-third  to  said  Edison  and  two-thirds  to  said  Harring¬ 
ton,  and  did  therein  formally  assign  and  sot  over  to  said 
Harrington  nil  undivided  tivo-thirds  of  all  his  inventions 
mndo  or  to  bo  made,  and  then  and  therein  constitute  and 
appoint  tho  snid  George  Harrington  his  true,  lawful  and 
only  ntlorhoy  irrevoeublo,  with  power  to  substitute  for 
him  and  in  his  nntno,  nud  in  such  innnnor  ns  tho  said 
Harrington  may  think  best,  to  sell,  transfer  and  convey 
all  of  his  rights,  titles  and  interest  in  and  to  all  of  his  75 
snid  inventions,  and  tho  improvements  thereto,  whether 
nindp  or  to  bo  mndo,  and  to  sell,  transfer  nud  convoy  all 
ot  Ins  rights  by  patent  or  otherwise  urising  therefrom, 
already  made  and  obtained,  and  all  such  as  may  thereafter 
bo  made  or  obtained,  and  to  execute  in  full  any  and  all 
the  necessary  papers  and  documents  requisite  for  tho 
transfer  of  title,  *  *  etc.,  ns  is  moro  fully  set  forth  in 
snid  instrument  of  writing:  and  whereas,  during  tho  pe¬ 
riod  of  6nid  copartnership  and  joint  ownership,  tho  said 
Edison  mndo  certain  inventions  for  duplex  and  qundru-  70 
plex  transmissions  of  intelligence  at  tho  same  time  upon 
one  nnd  the  same  wire,  known  ns  qnudrnplox  telegraph, 
for  which  applications  for  putunts  have  been  imido  and 
.  are  to  bo  mndo :  nud  whereas,  I,  the  said-  Gcorgo  Har¬ 
rington,  in  the  exorciso  of  my  beat  judgment,  and  in  fur¬ 
therance  of  what  1  deem  the  best  interests  of  the  said 
Edison,  ns  well  as  of  myself,  having  determined  to  dis- 
peso  of  tho  said  duplex  and  qundruplox  inventions  of 
suid  Edison  : 

How,  therefore,  bo  it  known,  that  lor  nnd  in  eonsidora-  77 
tionof  the  sum  of  0110  dollar,  and  of  further  valuable  nnd 
valid  considerations  to  mo  in  hand '  paid,  tho  receipt 
whereof  is  lioroby.  acknowledged,  I,  tho  said  Gonrgo  Bar- ' 
•rington,  of  tho  City  of  Washington,  District  of  CoTninbin, 

Jinvo  granted,  bargained  and  sold,  nnd  by  tlicso  presents 


do  hereby  grunt,  bargain,  sell,  assign,  transfer  and  c 
voy  Onto  Jay  Gould,  of  tlio  City  of  Wew-York,  State 
Now-York,  his  executors,  administrators  and  assigns, 
said  inventions  of  said  Edison,  known  ns  duplex  s 
juadruplex  telegraphs,  together  with  all  the  rights  ti 
ind  interest  therein  nnd  thereto  of  the  said  Thomas 
itdison  ns  tho  inventor  thereof,  and  all  tho  rights,  title  a 
merest  of  the  said  Thomas  A.  Edison  and  tho  si 
ocorgo  Harrington  ns  tho  assignees  of  suid  Edison, 
iitlicr  of  them,  and  all  tho  right,  titlo  nnd  inteicst  uli 
hey  or  either  ol  them  now  have  or  may  hereafter 
[lure  in  or  to  any  letters  patent  issued  or  allowed,  or  tl 
nay  hereafter  he  issued  or  allowed  for  any  such  invi 
ions,  whether  made  or  to  ho  made,  aa  well  ns  to  all  i 
irou’iucntstliat  may  hereafter  he  made,  and  in  or  to  a 
e-issuesorextensuinsof  the  same  or  any  of  them,  tl 

. i  ,,  reliitu  to  duplex  and  qiindriiplex  tc 

dinii^i  i  1  m'°  .,0  lo!'  himself,  his  -cxeeiito 

„l„  „r6,n,.?re  i",,  f°r  his  and  their  own  use  ill 

ehoof  ,o  the  lull  end  of. ho  term,  as  well  the  rene 
„,u"8  •  “|,“,uf.  for  which  letters  patent  ha 

10  sum..  .I?.,  m  1 ter, '"-‘grunted,  as  fully  and  entirely 

"lvV , Vr  t"lll<l  1)11  and  cnjoyi 
|i8 H^miia"  ^  t'"'1 1 J l,ir""pti>n,  or  either  Of  them.  In 
And  f  Il!!!„;,i“  . 11111  fV'  not  keen  made, 
id  ,1K  i  ,  I.  ,,  '■’cul‘ge  tJnrrmgton,  acting  lor  mysol 
Edison  Ki  J  miornuy  of  said  Tliotni 

J  Could  uml",rizu  '"id  empower  the  sai 

'lit  ec  ,,d' . “»<>  "ssigns.  ns  a  vest. 

«  «S, y  p  Edison  for  a 

ever  uiav  L  ,  “ri*''’tngs,  models  nnd  whal 

nta  Can  tRu  United  States  pi 

liether  made  Jj  "'vuitmns  and  improvement 
tmueiits  as  ,nnJc' lllltl  (°r  all  such  further  ai 

id  Jay  Gould  m.  "ems,,lT  or  requisite  to  vest  in  tl. 

11  and  eon  )|!fto8,n|t<'C.",0ln  "^"''listriitors  or  nssigm 

oven, elite  .  &  “  *?  “I1  6,,ul1  inventions  and  hr 
}'  Gould,  or  eutli  oihmt'iHl1"8  “"di  •‘Pl'ointin^  tlicsnii 
io,  lawful  and  onlv  rn,1  011  ,n8  1,0  n,n.V  iiitncnlc,  in; 
substitute,  ns  I  am.  "revocable,  with  powo 

writing  of  A  ih"  do  intho  instrmnen 

5  myself  and  investiim'i^'  '  l)l'foro  r“oilod,  divest 

relates  ii.jS  *11!1'  ‘  ■«  said  Jay  Gould,  in  nl 
>Ph»  and  tie  mom  JS/0  {|ul!,cx  ai,d  qnndrnplcx  telo 
if  exercised  byme  h 'noJlI  11,0  R°«or  in  the  premise, 
Esioiicr  of  Pate,, .  ,'  ,1’“r“on*  "'"j  requesting  the  Com 
0(1  attorney  0f  said  E(1I«°°"I60i  1,8  ,llu  duly  emieti 

i-dison  and  Barrington  in  ull  mat 


-tors  nnd  inventions  rotating  to  duplex  and  quadrnplox 
telegraphy.  Providod,  nevorthless,  that  it  is  distinctly 
understood,  agreed  and  stipulated,  that  this  disposition, 
sale  and  assignment  of  dnplox  nnd  quadrnplox  tolo- 
griiphy,  and  this. deed  of  conveyance  and  transfor,  does 
not  and  shall  not  bo  construed  ito  include  any  inventions 
heretofore  made,  nor  any  patents  heretofore  issued  or  83 
allowed,  nor  any  fiitiiro  improvements  thereof  or  thereto 
for  dnplox  telegraphy  in  connection  with  chemical  tele-  vr 
'.grnpliy ;  but  all  -swell  roirinin  ns  the  property  of  said  Har- 
ringtou  and  Edison,  hud  under  tho  solo  control  of  said  lALuJ 
Harrington,  tho  siuno  ns  if  this  sale,  assignment  and  deed  V  T 
of  transfer 'had  not  boon  made  or  executed.  _  _  OfiVAXr 

u  In  witness  Whereof.  I,  the -said  George  Harrington,  for  . 
myself  and  ns  the  duly  constituted  attorney  of  Thomas 
A.  Edison,  have  horounto  set  my  Iintid  and  seal,  ‘in  the 
Oity  of  Baltimore,  Stnto  pf  Maryland,  this  first  day  of  84 
.January,  A.  D.  187s. 


Gno.  IIakuinciton,  [r..  s.] 
for  myself,  and  as  the  duly 
constituted  attorney  of 
Titos.  A.  Edison.  '  [l.  s;] 


In  presence  of 

Wn.  P.  Cox, 
D.  Doksey. 


Geo.  Haemnoton,  ’[x..-8/J 
'  for  mysolf  and  as  tho 
duly  constituted  attor¬ 
ney  of 

.  Titos.  A.  Edison.  [l.  b.] 

Received  for  record  March  81st,  1876,  and  rccordod 
in  <Libor  0.  ID,  pngo  160,  of  Transfers  of  Patents. 

'In  itostimony  whoroof,  1  lmvo  caused  the  soul 
■  of  the 'Patent  Office  to  bo  horounto  affixed. 
[l.  8.1  iEdmb  Spexu, 

Acting  Commissioner. 


March  9, 1875. 

A tlioiis. 
tlie  City  Of  Washington  Dis,r lit’,  |?,,rrin?t"'' 

87  myself,  „„d  ns  tho  liiilv  V H  Colninbin,  noting 
.  A-  Edison,  did  e^ci  o  n,1!  ,- C'd  nttor"7  °f  Thou 
•lie  City,  County  n“d  StnT«d  rd^,ver %  Could, 
of  assignment :  Stl,,°  °‘  Nc»--York,  n  certain  di 

“  qimdruplM" ", vus' u  r.'tleu  l“d',  ";1,<|rovor  the  wo 
fnrno  by  the  words,  ‘‘ di  pl^1  p.“IcId.  '°  Precede  t 
duplex  mid”  wero  n-  '  l  ’  V1"611  “id  wort 

Places  referred  to,  „  “d  ,he  ,e  ^  °",,t,e.d  bT  «"«  i»  tl 
smd  deed  wns  to  convey  all  iu  ?  ?1  '!",d  menningof tl 
3  myselr  ,,nd  the  snid  &  "  a  ('p  •*  “,l0  ft,,d  ''"terest  < 
manner  pertaining  t  ji'  Edl6T.  *°  or  in  an 
telegraphs :  °  '|,itx  118  well  ns  quadruple 

P  Now  ii  hereafter,  it  is  cy 

said  Geo.ye '  lt?in^u\',,t;'r/Vit''e66«,>h.  'hat  I,  tin 

assw^^aar--"-!!? 

"'."d  paid  °f  ono  dollar"' 


ndmi„Lt,  ,  i  lk’  s,»to  of  v  W  Could,  ol  tho 


tensions  thereof,  for  which  letters  pntent  lmvo  been  or 
may  hereafter  bo  granted,  ns  fully  and  entirely  ns  tho 
sauio  would  linvc  been  or  could  bo  held  and  enjoyed  by 
snjd  Edison  or  said  Harrington,  or  either  of  them,  had 
this  assignment,' snlo  nnd  transfer  not  been  made. 

And  J,  tho  6nid  George  Unrrington,  noting  for  myself 
and  ns  the  lawfully  constituted  attorney  of  snid  Thomas 
A.  Edison,  do  hereby  authorize  nnd.cmpower  the  said  Jny 
Gould,  his  administrators  nnd  assigns,  ns  a  vested  right 
conferred  hereby,  to  call  upon  snid  Edison  for  nil  tho  92 
necessary  specifications,  drawings,  models  nnd  what¬ 
soever  may  be  necessary  to  obtain  United  States  patents 
for  nny  ot  snid  inventions  nnd  improvements,  whether 
made  or  to  be  made,  nnd  for  nil  such  further  nssignments 
ns  mny  bo  necessary  or  requisite  to  vest  in  the  snid  Jnv 
Gould,  his  executors,  administrators  or  assigns,  full  anil 
complete  title  to  all  such  inventions  and  improvements, 
hereby  substituting  nnd  appointing  the  snid  Jny  Gould, 
or  such  other  person  as  he  mny  indicate,  my  true,  lawful 
nnd  only  nttornoy,  irrevocable,  with  power  lo  substitute,  93 
ns  I  am  authorized  to  do  in  nnd  by  a  certain  instrument 
in  writing,'  bearing  date  April  4th,  A.  D.  1871,  mid  exe¬ 
cuted  nnd  delivered  by  tho  said  Thomas  A.  Edison  to  me, 
hereby  divcBting  myself  nnd  investing  him,  tho  snid  Jny 
Gould,  in  all  that  relates  nnd  applies  to  duplex  nnd  qnnd- 
ruplex  telegraphs,  nnd  no  more,  with  nil. tho  power  in  tho 
premises  ns  if  exercised  by  mo  in  person,  nnd  requesting  • 
the  Commissioner  of  Patents  to  recognise  him  ns  the  duly 
constituted  attorney  of  snid  Edison  and  Harrington  in  nil 
matters  and. inventions  relating  to  duplex  nnd  quadra-  94 
plox  telegraphy :  Provided,  nevertheless,  tlint  it  is  dis¬ 
tinctly  understood,  agreed  nnd  stipulated,  tlint  this  dispo¬ 
sition,  sulo  nnd  assignment  of  duplex  nnd  qnndruplox 
telegraphy,  nnd  this  deed  of  conveyance  mid  transfer, 'does 
not  and  shall  not  bo  construed  to  include  nny  inventions 
heretofore  mndo,  nor  any  patents  heretofore  issued  or  nl-  , 
lowed,  nor  any.  future  improvements  thereof  or  thereto  fllui 
for  duplex  telcgrnphyj  in  connection  with  chemical  tolc-  , 
grapliy,  but  all  such  remain  ob  the  property  of  said  Hnr-  jr\  2/,  A/  (7  Hr*,  ^  n 

rmgton  and  Edison,  mid  under  tho  solo  control  of  snid  j. _ * 

Harrington,  tho  snmo  as  if  this  Bale,  assignment  mid  deed  A 

of  transfer  had  not  been  made  or  executed.  .  ***" 


In  witness  whercoi;  I.  the  said  George  Harrtnet 
n.:,d..“Vl10  •*“«««•*  attorney' oTlhou 

Citj  of  iJiillii.ioro,  State*:./ ' MnrylmS?  thU  “ini,  day 
Maicli,  one  thousand  eight  hundred  and  seven iy.Bva? 

Guo.  Haumkotok,  ft.. 

For  myself  anil  ast/iei/uly, constituted 
_  .  .  Attorney  of  Thomas' A.  Edison,  .[t. 


onsiderations  l  do  herel.yacknowledgo,  r  do  hereby  give 
md  grant  unto  Jay  Gould,  of  bho  City,  County  and  Stato 


Ex’d.  F.  II.  II. 


If  Jwwtryi,  1S75. 

•  Edison,  rfirrM0?'  that. whereas,  I,  Tliomai 
'vented  certain  iinnrowmil! »  of,Nu"'' Jersey, -have 

Iplex  toleKia|,,||1s,ltho0dcse|0i|l,Uo I,,,11'0?  ""Provomeilts  in 

we  been  lodged  with  J  \v  o  0  8,,"11^  '"odela  ot  .which 
'<1  State  ol-JNew-Vork  'LSn  ro11,  ol;t|.e'Oity,  Comity 
neats :  U,K>  fur  "bo  purpose  iof  .ojjtuinii.g 

'nthig\o°d°apii«nM:wId|i,,J,g0^!®r,0^0J,!c,',’|nprovoineals 
' 11  "f  which ' I  am  >akoiit  »  ''nP  «  telWvfor 
.teat :  0,11  *°  "mho  npplicatio,,rfoiv)e!tors 

0  rewipttrf.^hjJjJ'^'^°j|^®JJ,,r  to  me  in  .hand  paid, 
well. as  other  .good  mnd.valuuUlo 


if  New- York',  full  and  irrevocable  power  and  authority 
o  sell,  assign,  transfer  and  set  over  unto  any  person,  per- 
ions  or  corporation  any  right,  title  and  interest  m  or  to 
inv  or  nil  of  said  inventions,  or  improvements  relating 
hereto,  or  in,  to  or  under  any  letters  patent  which  may 
jo  granted  to,  or  at  any  time  may  belong  to  me,  relating 
o  [inv  or  all  of  said  Inventions  or  improvements.  And  1  1W 
lo  hereby  also  give 'and  grant  to  said  Jay  Gould  full  and 
rrevocnblo  power  and  authority  to  give  or  grant  nay 
iccnsc  or  licenses  in,  to  or  under  any  or  all  of  said  letters 
patent,  or  in  or  relating  to* any  or  ail  of  said  inventions 
ir  improvements.  . .  r  „ 

And  I  do  hereby  also  give  and  grant  unto  said  Jay 

Gould  full  and  irrevocable  power  and  authority  to  do  and 

perform  all  necessary  acts  in  and  about  tbo  management 
[>f  my  interest  in  said  invention  or  .improvements  ana  let- 
tors  patent,  nnd  each  of  them,  and  in  or  relating  to  any  u 
business  that  may  arise  thereunder,  hereby  uutnorizmg 
and  empowering  him  to  make  and  meet  business  engngc* 
incuts  and  liabilities,  and  to  do  tuul  pmorm  each  auci 
every  act  which  I  or  my  executors,  administrators  «  • 

signs  might  or  could  do  in  relation  to  the  iiiaiingemcut  01 
all  business  transactions  relating  to  said  invention*-, 
provements  or  letters  patent,  or  any  *>t  them.  . 

And  I  hereby  authorize  and  empower  the  said  Gould  to 
demand,  sue  lor,  collect,  receive  and  gtvo  acquittance  and 
relcnseB  ill  my  nnmo  or  otherwise  lor  all  sums  ot  n  )■  10. 
debts  and  demnnds  whatsoever  which  are  or  shall  b  . 
owing  or  belonging  to  mo,  or  detained  troni  me  by  nay 
person  or  persons,  whomsoovor,  and  also  «t  -  J  A  , 
.commence  and  prosecuta  any  and  all  suits  or  net 
law  or  iu  equity  in  my  nnmo  for  the  infringement  of  smd 
letters  patent,  imd  also  to  sign  my  nnmo  to  any 
papers  necessary  for  commencing  and  curry  m  go 
suita  or  actions,  aud  ho  shall  lmve power,  lull  and  inc- 
vocablo,  in  my  name,  to  do  and  poiforni  overy  act  "  10! 

eary  and  proper  in  and  about  said  Bints  and  net' •  , 

1  do  also  hereby  autliorizo  and  empower  the  w  g 
Gould  to  appoint  any  substitute  or  substitutes / '1 ,  hereby 
eretion,  to  do  and  perform  all  or  any  ot  tbo  acts  y 
authorized  j  and  I 'do,  in  such  ease,  bcweby^co  fc  npou 
sucli  substitute  or  substitutes,  each  and  a  1  “J  1  q  1  w  or 
which  1  lmvo  horohy  conferred  upon  mud  Juy  » 

which  mav  hv  him  bo  delegated  to  such  substitute  or 


Articles  of  agreement,  mnde  and  entered  into  this  in? 
nineteenth  day  of  August,  A.  D.  1874,  by  and  be- 
tween  .Thomas  A.  Edison,  of  Newark,  in  the  State  of 
New-Jersey,  and  George  B.  Prescott,  of  the  City  and 
State  of  New-York : 

Witnessotli,  Whereas,  said  Edison  has  invented 
certain  improvements  iu  duplex  telegraphs,  for  which 
lie  has  executed,  or  is  about  to  execute  applications 
forletters  patent  of  the  United  States,  and  such  ap¬ 
plications  are  numbered  04,  05,  00,  07,  08, 00  and  100, 
and  are  dated  August  10,  1874,'  and  said  Prescott  is  108 
entitled  to  an  equal  interest  in  the  same  and  others 
hereafter  mentioned : 

Therefore,  in  consideration  of  the  premises,  and 
the  sum  of  one  dollnr  in  band  paid*  the  receipt 
whereof  is  hereby  acknowledged,  the  said  Edison  lias 
.  sold  and  assigned,  and  does  hereby  set  over  and  con¬ 
vey  unto  the  said  George  B.  Prescott  one  undivided 
half  part  of  the  right,  title  and  interest  of  every  i 
character,  in,  to  and  under  and  connected  with  each 
and  all  the  aforementioned  inventions  and  letters  iqo 
patent  on  the  same,  when  granted,  and  authorizes  and  / 
requests  the  Commissioner  of  Patents  to  issue  the 
said  letters  patent  to  Thomas  A.  Edison  and  George 
B.  Prescott,  as  the  assignees  of  snid  Edison,  for  the 
use  and  behoof  of  themselves  and  their  legal  repre¬ 
sentatives./ 

And  whereas,  the  said  Edison  has  also'  invented 
other  improvements  in  duplex  telegraphs,  the  descrip¬ 
tions  of  which  have  been  lodged  witii  George  M. 
Phelps,  for  thepurpose  of  models  being  constructed,  no 
it  is  hereby  agreed,  that  such  inventions  are  included 
in  this  present  agreement,  and  that,  wlieii  the  applica¬ 
tion  for  patents  are  made,  the  patents  to  bo  granted 
in  accordance  herewith,  and  that  the  snidEdison  shall 
sign  the  required  paper  therefor.  . 

This  transfer isuiado  on  the  following  terms  and 
conditions,  which  are  hereby  niado  part  of  the  con¬ 
sideration  in  the  promises : 

First.  That  both  of  the  parties  shall  have  an  equnl 
undivided  interest  in  all  letters  patent  of  the  United  iii 
States,  or  of  any  foreign  countries,  which  may  be 
granted  for  all  or  any  of  Bnid  inventions,  or  of  any 


nm1UnllnPr°(VOnJe"ta  tllm'oon  raado,  by  either  party 
and  of  all  extensions  and  re-issues  of  nSy  such  & 

pended  si  wli*' r",“r Ti’  Elliso,‘  ll!ls  iwnstoforo  ex- 

•  ^9^JSS£gaS^*&3Si 

patent  for  a„^«ft^&«c“n'W  «f  letters 

113  th'ereto1 K.°l  ZabLd  of  OrooUiLr  5^““  °"t 

>a«n ,?us  "or  sSi  ^  "'il1  Wm«If 

right  in  any  wav  to ,  Smilt  licenses,  nor  tlio 
>'“e  or  self  a  ?  of  Z  °  T  !,a'V0  «'am.facture, 
movements  thereof  „  d  'T'1"0113'  or  :L»y  im- 
artides cental, V  ombodyimr,  or 

meats,  or  nrotorWi  k.?^  &l1^  ^mjtions  or  improve- 
without  the  written  coiiwnMi  °r  1<ittul'3  patent, 

party.  11  C0"SBnt  «rat  obtained  of  the  other 

1W  «£o?  riSt01 tonL°,c» 5"  sfliatj»ventions,  and 
way,  shall  bo  nlade  o  •  thl?  uso  tho  samo  »»  any 
which  both  parties  narco  °in  Z\’;rXa0pt  ?fc  il  l11’*0®  to 
‘Is  shall  be  equal  v  ,?i,  all  not  pro- 

hereto.  1  y  diuded  between  tlie  parties 

{nmjff  binding' Sr Sf  thn  P'oyisipns  of  this  agree- 

m  ? 

sot  their  lmndsUand’  serUs^th  pnr  *°s  Ilavu  hol'onnto 
abovo  written.  euls>  t,le  day  and  vem- 


Witnesses : 

U  a  Kolb  Serkell. 
LK-'UJEL  IV.  SERREht. 


Thomas  A.  Edison,  - 

Georoe  B.Presoott. 


F  REVOCATION  0 


•Commissioner  of  Patents : 

Sir :  .Tlioro  are  on  lilo  in  your  oilico  certain  applU 
cations  for  patents  in  my  name,  as  sole  inventor, 
companied  with  a  request 


kfSC 


. . _  the  patents,  when 

allowed,  to  myself 'a  ml  George  B.  Prescott.  .  _ 

I  made  this  arrangement  with  Hr.  Prescott  under 
an  erroneous  impression.  ,  , 

On  tho  1st  October,  1870, 1  mndo  a  copartnership 
contract  with  Air.  George  Harrington,  and  on  the  4th 
April,  1871,  in  furtherance  thereof,  I  made  to  him  an 
assignment,  coupled  with  ap  irrevocable  power  of 
attorney,  reciting  the  main  provisions  of  the  contract,  117 
both  of  which  are  still  in  full  force  and  effect,  where¬ 
by  the  control  of  theso  inventions  was  placed  in  tlip 
hands  of  Hr.  llamngtoip  . 

Under  and  by  virtue  of  this  power  of  attorney 
and  assignment  therein,  Mr*  Harrington  claims  title 
iu  these  inventions,  and  objects,  and  has  objected, 
to  any  deviation  from  the  said  assignment  and  power 
of.  attorney.  1  therefore  withdraw  my  request  for 
the  issue  of  patents  for  duplex  and  quadruples 
transmission  to  Edison  and  Prescott,  and  unite  with  118 
George  Harrington  in  his  petition,' this  day  hied  m 
your  office,  requesting  tho  issue  of  the  letters  patent 
to  Geo.  Harrington  and  myself,  in  the  proportions  set 
forth  in  tho  power  of  attorney  and  assignment  of 
April  4th,  1871,  and  the  contract  therein  recited. 

Respectfully  yours, 

Tnos.  A.  Edison. 


Washington,  January  23eZ,  1875. 
To  .  the  Commissioner  of  Patents 
Your  petitionor,  a  citizen  of  Washington  City , 


District  of  Columbia,  prays 


J 


•<£' ‘ogssjsar  gw 
arfnsrc,?”  -Ktfeia 

120  dated 

N°-  05,  diffn  ,i:t. . 


“  %  B  &  p  a 
IS  S  £  £  £ 


1  tilioHor  Wafdu!  V  .wn,1?0!' -1'  °f  ®M«moy  (o  your  no-' 
1871,  in  O^Vcty 


r  »«r  poiffi; r  ii&SfaL*  otTn«^s  of  Patent 
paleitf  i  j  {  o  f  1  l’8  tl'ot  ‘lie  letters 
said  tdisou,  in  tlio  inonoi  io„  iS"“  J°  llimself  ‘uirt 
th"0s  (o  llimself  !i  ,J  !  “  "  c  interests  of  (wo- 

Providedinsaidpolv',0^^ £  S!l‘d  .®Hson,  ™ 


»  Mid  power  of  aliornn0  Edis°»>  ■« 
v  01  ••“toniey  and  assignment. 

'  ery  respectfully', 

Cfico.  Hakkijcgtox. 


10V  ®omt 


Geoiioe  B.  Pp.Escorr,  impleaded,  V 


George  B.  Prescott,  for  liis  answer  to  tlio  complaint 


Second. — Denies  any  knowledge  or  information  suf¬ 
ficient  to  form  a  boliof  of  any  of  tlio  allegations  con¬ 
tained  in  tlio  third,  sixth  and'  soronth  articlos,  and  in 
that  part  of  the  eighth  articlo  ending  with  tlio  words 
“  Gold  and  Stock  Company,”  in  tho  9tli  folio. 


Third. — Donios  all  tho  allegations  of  tho  fourth  and 
fifth  artiolos,  and  all  the  allegations  of  tho  eighth  arti¬ 
cle  hoginniug  with  tho  words  “Duplox  and  Quadruples 
Telegraphs,”  in  the  9th  folio, 


4  Fourth.  Admits  tlio  allegations  of  tho  ninth  articlo 
except  tlmt  so  far  ns  the  provisions  of  law  thoro  ro- 
fered  to  required  tho  paymont  of  any  foos  or  moneys 
m  connection  with  tho  applications  tliero  inontionod, 
ho  says  tlmt  tho  truth  is  that  such  fees  and  moneys 
wore  paid  by  himself,  and  in  pursuance  of  tho  ngreo- 
mont  betweou  himself  and  Edison  horeinnftor  referred 
to,  nud  not  by  tho  dofondnut  Edison,  and  that  tho 
amounted  such  fees  and  moneys  paid  by  him  wns  the 

.  Fifth. — Admits  that  onjtho  19th  day  of  August,  1874 

tho  defendant  Edison  did  oxocuto  and  dolivor  to  him 
5  the  agreement  referred  to  in  tho  tenth  article,  and 
alleges  that  said  Edison  had  full  power  and  right  so  to 
do,  and  that  tho  said  agreement  wns  and  is  a  valid 
and  binding  obligation  upon  the  parties  thoreto,  ac¬ 
cording  to  its  tonor;  and  1m  douios  that  such  agree¬ 
ment  was  so  executed  or  delivered  by  said  Edison  in 
violation  of  any  agroemout  on  his  part  with  said  Hnr- 
rington,  or  without  his 'consent. 

Sixth.— Douios  all  the  allegations  of  tho  olovouth 
m  ticlo  and  of  that  part  of  tho  thirteenth  article  ending 
uiththe  words,  “said  several  improvements,”  in  tho 
15th  folio,  except  so  far  ns  they  are  admitted  in  the 
seventh  article  lioreof  ;  and  denies  any  ltnowlodgo  or 
tQ  f0r“  “  belicf  ot  th0  allegations 
of  the  twelfth  and  fifteenth  articles,  except  that  instru-  ,, 
ments  in  tho  form  sat  forth  in  Exhibits  6  and  H  re-  . 

VT’  prior  ‘.°  tllQ  21at  day  of  March,  1876, 
piosonted  to  the  commissioner  of  patents. 

“-d8,10  thar  ^legations  0f  tho  eleventh  and 
th  rteenth  nitic  os  aforesaid,  defendant  says,  on  his 

JanCT87n5  tb  i0tl  ‘  ?**  *°  tho 
conS'ol8 Ji5’  tbo  commissioner  of  patents  lmd  not  ■ 

urtic  o nor  ‘■j0  .“PP^'OMroforred  to  in  the  ninth  . 

chameter  of  H  “med  0nythinS  «*«»  «a  to  tho 
character  of  tho  improvomonts  doscribod  in  them,  or 


ns  to  tho  inventor  of  the  said  improvements,  or  ns  to  7 
tho  issuo  of  iottors  patent  for  oithor  of  thorn  ;  but  tho 
said  commissioner,  after  receiving  the  instruments 
marked  G  and  H,  and  after  tho  19th  day  of  January, 
1875,  did  first  proceed  to  consider  tho  applications 
filed  by  Edison,  roforred  to  in  tho  ninth  nrtiole,  and 
did,  on  or  about  tho  20th  day  of  March,  1875,  render 
his  decision  as  sot  forth  in  Exhibit  J  annexed  to  tho 
complaint. 

Eighth. — Doilies  tho  allegations  in  tho  thirteenth 
article  that  tho  issuo  of  Iottors  patent  to  himself  and 
Edison  would  work  irrepnrnblo,  or  any  injury  to  tho 
plaintiff,  or  any  injury  which  could  not  bo  compensated  8 
by  damages ;  and  tho  allegation  that  said  improvo¬ 
monts  expedite  tho  transmission  of  telegraphic  mes¬ 
sages  ;  and  also  tho  allegation  contained  in  the  last 
paragraph  of  said  article  relating  to  tho  dofcndant 
Sorrell. 

Ninth. — Doilies  that  tho  ngreomont  betweou  himself 
and  Edison,  roforred  to  in  the  fourteenth  articlo,  wns 
oxocutcd  under  tho  ndvico  of  counsol  who  wns  nlso 
counsol  for  tho  dcfondnnt  the  Western  Union  Tele¬ 
graph  Company’;  or  that  such  ngreomont  was  executed 
nndor  tho  ndvico  of  counsel  for  this  defondnnt,  that 
tho  ngreomont  botwcou  Edison  nud  Harrington,  g 
there  roforred  to,  did  not  inclndo  duplex  and  quad¬ 
ruples  telegraphy ;  or  oitlior  of  thorn,  or  that  Edison  . 
was  misled  into  oxccutiug  tho  said  agroemout  betweou 
him  and  this  defendant  by  any  such  ndvico  as  is 
alloged. 

He  admits  that  at  tho  timo  referred  to  in  tho  21st 
folio  ho  was  tho  oloctriciau  of  the  Wostorn  Union 
Telegraph  Company ;  that  ho  did  pay  tho  foos,  and 
assist  Edison  as  allegod  in  subdivision  2,  down  to  aiid 
including  the  words  “said  inventions  nud  improve¬ 
ments  ”  in  folio  28 ;  tlmt  tho  "Western  Union'Tolegraph 
Company  paid  Edison  $5,000  (but  not  on  account 


10  of  the  twenty  maohinos  referred  to  in  tho  25th  folio 
and  only  ns  in  tlio  thirteenth  article  hereof  is  more 
fully  sot  forth),  and  also  that  tho  Western  Union  Tolo- 
grnph  Company  has  manufactured  many  mnohiucs 
embodying  tho  improvements  referred  to  in  tho  fifth 
subdivision  and  is  now  using  tho  snmo,  nnd  donios  nil 
the  other  allegations  of  tho  fourteenth  article. 

Tenth.  Donios  that  before  the  1st  day  of  July, 
nolr  nt  any.fimo  boforo  tll°  23d  day  of  January, 
1870,  he  had  notico  of  tho  alleged  agreements  botwoon 
liaison .  and  Harrington,  referred  to  in  folio  20,  nnd 
says  that  tho  Western  Union  Tolograph  Company 
1  does  claim  to  bo  tho  ownor  of  the  inventions  nnd  im¬ 
provements  mentioned  in  tho  applications  there  ra¬ 
ff1'1'0.11  to,  and  this  by  virtue  of  agreements  botwoon 
itself  and  Edison,  and  between  itself,  Edison  and  this 
defendant;  and  that  tho  ngroomout,  in  virtuo  of  which 
said  company  becnmo  suoli  owner,  was  closed  and- 
consummated  before  tho  protended  rescission  by 
Edison  of  his  ngroomout  with  this  defendant,  nnd  bo¬ 
foro  the  instruments  G  audH  were  Bled  in  tho  United 
States  Patent  Office. 

,  Elcvcnl/i.—And  for  a  further  answer  to  tho  com- 
l  la  t  tl  dofeudaut  says,  upon  his  information  and 
1  ^  .th  1  f°r  “oro  tlmu  a  year  nest  preceding  May, 
18,4,  the  defendant  Edison  had  been  making  oxpori- 
r  th°  Plu'P°S0  ot  improving  and  adding  to  tho 
oapadtms  of  tbo  so-called  Stearns  duplex  system  of 
clog inphy  and  0f  making  new  discoveries  and  inven- 

ans' “  •POX,tqr‘ll'Upl0S  an(1  ot]lor  motl8a  ot  multiple 
an  m’ssmn  of  electric  signals  on  the  same  wire  ;  that 
thes  ex!  crime  ,ts  ha  1  been  carried  on  by  him  under 
TolZTn  W“h  11,0  tlofon<lant  «><>  Western  Union 
comnanv’’  1,uloi“aft"  referred  tons  “the 

S,  !0r°^,“  llad  bao"  “S^ood  that  all  such 
eomnanv  a?  ‘°"i  ^  mad°  for  tlla  baaa^  of  the  said 
P  y.  with  the  uso  of  tolographio  material, 


apparatus,  operators  and  other  facilities  furnished  by  18 
it,  and  that  all  tho  inventions  nnd  improvements  of  the 
character  nbovo  named,  which  should  result  from  such 
experiments,  wore  made  for,  nnd  wore' to  be  the  prop¬ 
erty  of  snid  company  ;  nud  that  from  nbout  tho  winter 
nnd  Bpring  of  1873  until  tho  spring  of  1874,  the  said 
Edison  had  boon  at  work  upon  such  experiments,  and  ' 
had  made  certain  of  tho  dosirod  improvements  and 
inventions  whilo  working  under  snid  arrangement  with 
tho  defendant  company. 

.  During  tho  month  of  May,  1874,  Edison  solicited 
this  defendant  to  assist  him  with  his  skill  nnd  expe¬ 
rience  ns  an  electrician,  nnd  to  join  him  in  his  experi¬ 
ments  nnd  work  under  his  agreement  with  tho  com-  lfj. 
pnny,  and  offered  to  share  equally  with  this  defendant 
tho  profits  to  bo  dorived  from  tho  inventions  nnd  im¬ 
provements  mado  under  such  arrangement  with  the 
company  nnd  otherwise;  and  it  resulted  from  such 
propositions  of  Edison  that  on  or  nbout  the  first  day  of 
June,  1874,  Edison  nnd  this  defendant  agreed  togotlior 
that  further  experiments  of  tho  diameter,  nnd  for  tho 
•  purpose,  nbovo  described  should  bo  prosecuted  by 
thorn  jointly,  and  that  wlintoyor  profits  should 
nccruo  from  the  inventions  nnd  improvements  made  by 
them  or  either  of  thorn  during  such  experiments,  nnd 
including  tho  price  to  bo  pnid  by  tho  defendant  com¬ 
pany,  should  bo  divided  equally  between  them ;  and 
shortly  nftor,  an  ngroomont  of  this  tenor  was  put  into 
writing  nnd  signed  by  oach  of  tho  said  parties .  in  the 
form  sot  forth  in  Exhibit  E,  and  was  recorded  in  tho 
Unitod  States  Patent  Offico  on  tho  twonty-ninth  day 
of  August,  1874,  in  Libor  E  18,  pago  G2  of  Bogisters 
of  Patonts.  After  tbo  making  of  these  agreements, 
Edison  frequently  stated  to  this  defendant  that  he  nnd 
this  defendant  wore  working  for  tho  defendant  com¬ 
pany  on  such  terms  of  his  arrangement  with  it  ns  are 
nbovo  described,  and  that  all  inventions  and'improvo- 
monts  whioh  resulted  from  his .  and  their  experiments, 
and  especially  all  of  thorn  whioh  related  to  duplex  or 


16  other  modes  of  multiple  transmission,  word  boing  1 
for  and  were  to  bo  tho  property  of  the  dofondnul 
culsivoly,  and  that  tho  defendant  company  was  to 
for  all  such  inventions  and  improvements  and  lo 
patent  as  might  bo  procured  thorofor,  such  pric 
should  bo  just.  1 

fomln0nt‘“Trvtl10  Said  nS1'00'“onts  between  this 
ondant  and  Edison  woro  communicated  to  the  dob 
ant  company  at  or  about  their  several  dates,  an 

Fresco  t  i  V  "'  thf°nftor  witI'  Edison 
lof61'ono°  to  Edison’s  agreen: 

be°t«lln»  'Tr!1- ^ «W^eb»pa1^l^ 

-dinveutimLahe0^  £  7  72  ^727 

Edison  alo^n  in  Wm  tho  P1"™ 

2^^^.^-Sinss 

the  service  of  el!  '’  ap|mratu3  Hues,  an 
ises  and  its  own  expense  *  °"  lts  owu  P10tt 

and^vlillfworkhiK  ?'™!,somout  '««*  this  dofondanl 
m°nt  as  LeIointLrBet1;rPa“rUPnCl0r  h“  «*« 
ant  becamo  Associated  with  ““‘l  nft,°5  ll,,s  clofoml 
aforesaid,  tho  dofoudantErli^  "'!tlor,hls  agroomont! 
ahlo  improvements  dio  °n  did  mako  cortnin  valu 
neotod  with  du  ‘ ‘8’  ttud  ^outions  con. 

“uplex  and  quadruples  and  other  modes 


of  multiplo  transmission ;  and  during  this  poriod,  and  10 
boforo  tho  nineteenth  day  of  August,  ,1874,  had  in¬ 
vented  tho  so-called  quadruples  mode  of  transmission, 
and  all  tho  improvumouts  described  in  tho  applica¬ 
tions  Nos.  94  to  100,  both  inclusive ;  and  beforo  tho 
30tli  day  of  September,  1874,  ho  furnished,  jointly  ivith 
this  defendant,  to  tho  company  all  necessary  drawings, 
descriptions,  uud  spccilicntious  for  experimental  or 
practical  uso  by  it  of  apparatus  embodying  tho 
snid  inventions  described  in  the  applications  num¬ 
bered  94  to  100,  both  inclusive,  and  particularly  tho 
quadruplox  invention  and  tho  improvements  described 
in  application  No.  99.  And  tho  defendant  company, 
under  Edisou’d  direction  and  assistance,  during  tho  ,,g 
months  of  September  and  October,  1S74,  constructed 
many  sots  of  machines  mid  apparatus  embodying  many 
of  said  improvements  and  inventions,  and  particularly 
tho  quadruplox  and  tho  improvements  described  in  np- 
plicntion  No.  99,  and  with  tho  full  knowledge  and  con¬ 
sent  of  said  Edison  put  thorn  into  practical  uso  oil 
its  lines  and  in  its  ordinary  business,  as  boing  its 
own  property,  mid  such  uiacliinos  and  apparatus 
havobcou  so  used  by  tho  defoudnnt  company  ovor 
Binco  that  time  with  Edison’s  full  knowledge  and  con- 
sont. 

And  defendant  says,  upon  Ins  information  and  belief, 
that  all  tho  uinttors  aforesaid  iu  respect  to  tho  dis- 
cpvorics  by  Edison,  and  tho  appropriation; with  hisknow- 
ledgo  and  consent,  to  tho  uso  of  tho  defendant  company 
of  tho  nppnratus  and  machines,  and  tlioimprovonionts 
and  inventions  embodied  iu  them  ns  boforo  described, 
woro  well  known  to  Uils 'plaintiff  and  to  George  Har¬ 
rington  at  or  about  tho  dates  of  said  sovcrnl  ovouts, 
and  that  noitlier  of  thorn  beforo  January  tho  twenty- 
third,  1875,  ovor  questioned,  or  claimed  anything  to 
tho  coutrary  of,  Edison’s  or  of  dofondnnt  company’s 
right  to  do  ns  tjioy  respectively  bad  douo,  as  aforesaid. 

Aid’ tho  dofondaut  further  says  that  after  his 
dealings  witli  Edisou  began,  in  or  about  May,  1874,  aud 
throughout  that  year  to  its  ond,  Edison  of  toil  roitoratod 


•***>  ■  ■  ■  T  ■'  '■  •■  ■■  , 


8 

22  the  naturo  and  terms  of  his  ngroomont  with  tho  do- 
fondant  company  to  tho  samo  effect  as  is  set  forth 
in  folios  12,  13,  16  and  16  hereof ;  and  aftor  tho 
agreement  of  August  19tb,  1874,  this  dofondunt  and 
Edison  on  tho  one  part,  aud  the  defondant  company 
on  tho  other  part,  always  dealt  togotlior  on  tho  under¬ 
standing  and  basis  of  9uch  agreement,  and  at  all 
times,  aud  up  to  and  after  tho  20th  January,  1876,  it  ’ 
was  agroed  and  understood  by  this  dofondunt  and 
Edison  on  tho  one  part,  and  tho  'defendant  company 
on  tho  other  part,  that  all  the  inventions  of  Edison  in 
connection  with  duplex  aud  quadruples  telegraphy  or 
other  modes  of  multiple  transmission,  and  especially 

23  of  tho  inventions  described  in  tho  applications  Nos.  94 
to  100,  both  inclusive,  reforrcd'to  in  tho  ninth  articlo  of 
the  complaint,  hnd  boon  made  for  and  bolonged,  upon 
their  making,  to  tho  defendant  company,  and  that  Ed¬ 
ison  was  bound  under  his  original  agreement,  and  this 
defondant  was  bound  with  him  by  virtuo  of  thoir 
agreement  of  August  the  nineteenth,  1874,  to  Becuro 
all  said  improvements  and  inventions  by  proper  instru¬ 
ments,  and  by  assignment  of  letters  patent  thorofor, 
when  procured,  to  the  defendant  company. 

And  this  boing  tho  agreement  and  understanding  of 
all  the  parties,  and  there  boing  no  point  undetermined 
botweon  thorn  in  respect  to  said  inventions  and  im- 

24  provoments  and  letters  patent,  except  tho  ascertaiuiug 
the  preoiso  amount  to  bo  paid  for  thorn ;  and  it  having 
been  also  understood  and  agreed  that  this  should  bo  : 
ascertained  in  due  timo  oithor  by  ngreomont  of  the 
parties,  or,  if  that  failed,  by  arbitration — on  tho  tenth 
day  of  December,  1874,  tho  said  Edison,  and  about  tho 
sixteenth  day  of  January,  1875,  this  defendant,  askod 

1  and  received,  of  tho  defondant  oompany  tho  respective 
payments  of  fivo  thousand  dollars  eaoh,  in  anticipation 
of  the  fixing  of  the  definite  price  aforesaid,  and  on  no- 
count  thereof,  and  then  severally  oxcautcd  and  delivered 
to  tho  defendant  company  tho  instruments,  copies 
whereof  aro  hereto  annexed  marked  Exhibits  A  and  B 


9 

And  on  the  sixteenth  and  thirtieth  days  of  Decem¬ 
ber  1874  this  defendant  and  Edison  submitted  propo¬ 
sitions  in  writing  as  to  tho  amount  of  such  price, 
copies  whereof  are  hereto  annexed  marked  Exhibits 
0  and  D;  and  the  last  of  said  propositions  remain¬ 
ing  open  up  to  the  19th  of  January,  1876,  and 
the  agreement  and  understanding  of  Baid  parties,  as 
to  tho  exclusive  right  aud  ownership  of  the  company 
in  ond  to  all  tho  inventions  und  improvements  there¬ 
tofore  made  by  said  Edison  connected  with  duplex 
and  qnadrupiox  telegraphy,  remaining  as  aforesaid 
on  said  19th  of  January,  1875,  said  company  acceptod 
tho  second  of  said  propositions  submitted  by  the  offor 
of  December  30th,  and  so  notified  this  defendant  and  26 
Edison.  And  this  defendant  has  ovor  since  that  time 
always  been  and  now  is  ready  to  make  a  l  proper  and 
necessary  instruments  to  seouro  tho  title  of  said  im¬ 
provements  and  inventions  to.  the  defendant  company 
in  virtuo  of  its  said  agreements  with  Edison,  and  with 
Edison  and  this  defendant. 

Twelfth. — And  for  further  answer  this  defendant 
says  that  Edison  had  full  power  aud  right  to  make 4 ho 
agreements,  and  especially  the  agreement  of ^ug'Urt 
19th,  1874,  which  he  did  mako  with  this  defends  , 
and  that  neither  at  that  date,  nor  at  any  8  , 

the  1st  January,  1873,  did  any  auoh  agreement  as  that  ^ 
referred  to  in  the  third  article  of  the  complamh  pr 
plaintiffs-  Exhibit  A,  exist  between  Ecbsonand  Har- 
rington  ;'and  that  no  such  instrument  ns 

in  the  fourth  article  of  the  complaint  was  execut  1  by 

Edison,  either  to  fulfill  or  to  cany  out  sue ^  alleged 
agreement  of  Ootober  1st,  18  0,  ^tW»ote 
agreement  between  Edison  and  any  t  P  ,. 
bade  or  invalidated  any  snob  agreements  as  Edison 

made  with  this  defendant  ns  herein  alleged. 

And  the  defendant  further  alleges  that  neHhmof 
tho  alleged  agreements  Bet  forth  in  plaintiff 


Exhibit  A. 


10 

Mbits  A  and  B,  contomplnto  or  covor  any  inventions 
or  improvements  known  ns  duplox  or  qnndruplex  sys¬ 
tems  or  modes  of  transmission,  or  any  oilier  modo  of 
multiple  transmission,  or  any  of  tbo  inventions  or  im¬ 
provements,  described  in  tho  agreement  of  August 
19th,  1874,  mndo  by  Edison  sinco  January,  1878,  or 
any  of  those  dosoribod  in  the  applications  numbored 
94  to  100,  both  inolnsivo,  referred  to  in  tho  ninth  nrti- 
ole  of  tho  complaint. 

Wherefore,  this  defendant  demands  judgment  that 
the  oomplnint  be  dismissed. 

Porter,  Lowrey,  Soiien  &  Stone, 

'  Attys.  for  deft.  Prescott. 

State  op  New  York,  ) 

City  and  County,  of  Now  York,  |ss-  :  .  ■'  ^ 

George  B.  Prescott,  being  duly  sworn,  says  :  that  ho 
is  the  defendant  abovo  named ;  that  tbo  foregoing  an¬ 
swer  is  truo  to  his  own  knowledge,  oxcept  ns  to  tho 
matters  therein  stated  on  information  and  belief,  and 
that  as  to  those  matters  iio  believes  it  to  bo  true. 

Sworn  to  before  me,  this  1  yO  „ 

yJH ay  of  May,  1879.  f 

Notary  Public, 

N.Y.Co. 


PRELIMINARY  RECEIPT. 

N.  Y„  Deo.  10, 1874. 

Whereas,  Thomas  A.  Edison  and  Georgo  B.  Pres¬ 
cott  nro  tho  Inventors  of  certain  improvements  in 
Telegraphy,  minting  to  Duplox  and  Quadruples  tele¬ 
graphing,  for  which  Lotters  Patent  of  tho  TJiiitod 
States  have  been  nppliod  for  by  said  Inventors ;  and 
Whereas,  said  Edison  and  Prescott  linvo  agreed  to 
assign  all  their  right,  titlo  and  interest  in  and  to  said 
Inventions  and  Letters  Patent  to  the  Western  Union  82 
Tolograpli  Company,  provided  tho  torms  of  payment 
for  such  assignment  und  transfer  shall  bo  satisfactorily 
adjusted  between  tho  said  parties  and  tho  said  Tele¬ 
graph  Company r 


I,  tho  said  Thomas  A.  Edison,  hereby  acknowledge 
tho  receipt  of  Gvo  thousand  dollars,  to  mo  in  hand  paid, 
in  part  payment  for  my  interest  in  tho  said  assignment 
and  transfer. 

Witness  my  hand  and  seal  this  tontli  day  of  Decem¬ 
ber,  1874. 

Tnoanvs  A.  Edison,  [l.  s.] 

Witness,  33 

A.  R.  Brewer. 

City  and  County  of  Now  York,  ss.: 

On  this  21st  day  of  January,  1876,  before  me  per¬ 
sonally  appoarod  A.  R.  Brower,  to  mo  personally 
known,  and  known  to  mo  to  bo  tho  subscribing  witness 
to  tlio  foregoing  instrument,  who,  boing  by  me  duly  ' 
sworn,  said  that  ho  resided  '  in  tho  oity  of 
Brooklyn,  in'  tho  State  of  Now  York ;  that  ho 
was  acquainted  with  Thomas  A.  Edison,  and 
know  him  to  bo  the  person  described  in  and  whp 


executed  said  instrument;  and  that  ho  saw  him 
exeoute  and  dolivor  the  same ;  and  that  ho  acknowl¬ 
edged  to  him,  said  A.  E.  Browor,  that  ho  executed  and 
delivered  the  same ;  and  that  thereupon  he,  said  A.  B. 
Brower,  subscribed  his  name  as  a  witness  thereto. 

H.  M.  Haim, 
Notary  Publio,  N.  X.  Co. 


B.  H.  Boohebteb,  37 

Treasurer. 

On  the  delivery  to  you  of  this  paper,  pay  George  B. 
Proscott  tho  sum  of  five  thousand  dollars  ($5,000). 

(Signed,)  William  Outon, 

President. 

January  10, 1875. 

Beceivod  fivo  thousand  dollars,  Now  York,  January 
16, 1875. 

(Signed,)  GEonaE  B.  Pbescott. 


Exhibit  B. 

35 

PEELIMINABY  EEOEIPT. 

New  XorR,  January  1G,  1875. 

Whereas,  Thomas  A.  Edison  and  George  B.  Prescott 
are  tho  joint  owners  of  certain  improvements  in  tolo- 
graphy,  relating  to  duplex  and  quadruple!  tolegrnph- 
mg,  for  which  letters  patent  of  tho  United  Stntos  havo 
been  applied  for  by  said  Thomas  A.  Edison ;  and 
Whereas,  said  Edison  and  Proscott  have  agreed  to 
assign  nil  their  right,  title  and  interest  in  and  to  said 
inventions  and  lotlors  patent  to  tho-  Western  Union 

36  ®jloSraPl1  Company,  provided  tho  terms  of  pnymont 
for  such  assignment  and  transfer  shall  bo  satisfactorily 
adjusted  botweon  tho  said  parties  and  tho  said  Tolo- 
graph  Company. 

•  I,  the  said  Georgo  B.  Prescott,  hereby  acknowledge 
the  receipt  of  fivo  thousand  dollars  to  mo  in  hnnd  paid, 
m  part  payment  for  my  interest  in  tho  said  assignment 
and  transfer. 

uary  1876  ^  lm“a  and  80ftl  tbis  sixteenth  day  of  Jan- 
Witnoss-  (Signed)  Geohoe  B.  Pbescoit. 

(Signed)  Geiiiut  Smith. 


Paid,  Januaiy  1G,  1875,  by 

E.  H.  Eoohester, 

Treasurer. 

Exhibit  C. 

New  Xouk,  December  16,  ’74. 

Hon.  Wm.  Outon, 

Frost.  W.  U.  Tol’gli  Co. 

D’r  sir, — Your  company  has  now  ovor  25,000  miles 
of  wiro,  which  can  now  bo  profitably  “  Quadruplexod.” 

Considering  tlioso  25,000  milos  to  be  alroady  Du¬ 
plexed,  the  Qundruplox  will  creato  50,000  miles  addi¬ 
tional. 

For  nil  our  pntonts,  and  offorts  in  protecting  tho  com¬ 
pany  in  the  monopoly  of  tho  snino  during  their  life,  wo 
will  take  1-20  of  tho  average  cost  of  maintenance  of 
50,000  miles  of  wiro  for  17  years,  one-third  down  and 
tho  balanco  in  yearly  payments  during  the  above  men¬ 
tioned  period.  “  Half  of  suoli  payments  to  cense  the 
momont  any  other  porson  shall  invent  and  put  into 
practical  operation  a  quadruple!  (not  infringing  onr 
pntonts),  upon  n  oirouit  of  400  miles  in  length.” 

Yours,  eto., 

(Signed)  Tnos.  A.  Edison., 
Geo.  B.  PitEscorr. 


14 


40  Exhibit  D. 

Two  propositions : 

1st.  "Wo  will  take  twonty-fivo  thousand  down  and 
twonty-fivo  thousand  in  six  months  for  nil  Patents, 
and  a  royalty  on  duplex  of  $166  por  year  for  each  cir¬ 
cuit  created. 

2d.  'We  will  take  twenty-five  thousand  down  for 
all  patents,  and  a  royalty  of  $283  por  yoar  for  oncli 
circuit  oreatod. 


Stojjfrior  Court  of  offdu  |oiiu 


Tiik  Atlantic  and  Pac 
(iKAi-ii  Com  pan 


Gkouoe  B.  Piussoott,  Tin:  Wkstkiin 
Unton  TKr.KditAVii  Com  pax  y,  Lem-  j 
uel  W.  Sun  hem.,  and  Tiios.  A.  Edi-  I 


l'.  Tlie  defendant,  the  said  Thomas  A.  Edison,  an¬ 
swering  the  complaint  herein,  admits  that  the  plain¬ 
tiff  is  a  corporation,  as  alleged  in  the  said  complaint ; 
and  that  the  defendant,  The  Western  Union  Tele¬ 
graph  Company,  is  also  a  corporation,  as  therein 
alleged  ;  and  this  defendant  also  admits  the  allega¬ 
tions  in' paragraphs  3,  4  and  5  of  the  said  complaint,  4 
subject  to  the  explanations  and  qualifications  here¬ 
inafter  stated. 


6  And  this  defendant  admits  that  on  the  1st  day  of 
October,  1870,  he  made  and  entered  into  a  contract 
with  one  George  Harrington,  as  alleged  in  the  com¬ 
plaint. 

And  this  defendant  says  that  the  said  Harrington 
and  his  associates  thereafter  and  uj>  to  the  19th  of 
August,  1874,  and  afterwards,  expended  through, 
this  defendant  and  under  his  directions  large  sums 
g  money  in  developing  this  defendant’s  inventions 
in  and  relating  to  Electric  Telegraphy,  including  his 
inventions  in  Duplex  and  Qundruplex  Telegraphy. 
And  that  on  the  4th  of  April,  1871,  thisdefendantexe- 
cuted  and  delivered  an  assignment,  with  a  power  of 
attorney,  to  said  Harrington,  as  alleged  in  the  said 
complaint.  And  this  defendant  says  that,  the  said 
Harrington  held  the  said  assignment  and  power  of 
attorney  as  a  trustee  for  the  benefit  of  tills  defend¬ 
ant,  jointly  with  the  said  Harrington  and  various 
1  *  is  1  ,  supplied  the  greater  part  of  the  funds 
expended  in  developing  the  said  inventions. 

2.  The  title  in  and  to  the  patents  for  said  inven¬ 
tions  was  vested  in  the  said  George  Harrington  and 
this  defendant  in  the  proportions  of  two  thirds  in 
thu  said  George  Harrington,  and  the  remaining  one- 
third  m  the  said  T.  A.  Edison.  And  thesaid  George 
Harrington  hold  the  title  to  and  power  to  dispose  of 
tin.  said  patents  and  inventions,  so  as  to  preserve 
tlie  unity  of  the  title  thereto. 

And  it  was  originally  understood  and  agreed  that 
the  saul  patents  and  inventions  should  be  held  by 
the  said  George,  Harrington  in  trust,  to  be  disposed 
ol.foi*  the  benefit  of  his  said  associates,  in  eonjunc- 
tion  with  himself,  in  certain  shares  and  proportions, 
such  trust  being  deemed  necessary  by  the  said  Har¬ 
rington,  and  his  associates,  and  this  defendant,  to 
avoid  thu  great  difiiciilties,  loss,  damage  and  injury 
consequent  upon  thu  legal  exercise  of  thu  power  of 


disposition  held  by  any  one  of  several  parties  jointly  9 
holding  the  titlo  to  a  patent  for  an  invention. 

And  it  was  agreed  by  and  between  thu  parties 
aforesaid  that  tho  said  patents  and  inventions  should 
be  sold  and  transferred  to  a.  telegraph  company  or 
companies,  in  consideration  of  money  or  stook,  or 
royalties,  to  be  distributed  amongst  the  said  George 
Harrington,  this  defendant,  J.  C.  Keiff,  John  Mc¬ 
Manus  nnd  others,  their  associates  as  aforesaid,  ac- 
cording  to  their  several  shares,  rights,  and  interests 
therein. 

And  the  said  patents  and  inventions  have  always 
been  held  by  the  said  George  Harrington  in  trust 
as  aforesaid,  and  lie  lias  at  all  times  recognized  that 
relation  and  acted  accordingly,  and  has  in  conse- 
qence  thereof,  been  intrusted  from  time  to  time  by 
his  said  associates  with  the  possession  of  large  sums 
of  money,  amounting  to  some  hundreds  of  thousands  u 
of  dollars,  to  be  disbursed  by  him  in  and  about  the 
purposes  of  the  said  trust.  And  this  defendant  has 
from  time  to  time  taken  out  many  patents  in  the 
names  of  himself  and  the  said  Harrington,  011  the 
faith  of  the  said  trust,  and  the  due  performance 
thereof.  And  the  said  Keiff,  McManus,  and  Harring¬ 
ton,  nnd  their  associates,  have  supplied  the  funds  to 
pay  for  the  said  patents,  and  for  models  and  draw¬ 
ings,  and  fees  of  patent  agents  and'  solicitors,  and 
have  paid  the  expenses  of  experiments  to  test,  the  12 
inventions. 

3.  By  a  certain  memorandum  of  agreement  bear¬ 
ing  date  noth  December,  1874,  under  the  hands  of 
Jay  Gould,  the  said  J.  0.  Keiff  and  John  McManus, 
it  was  declared  that  it  was  thereby  understood 
that  they  should  heartily  co-operate  in  concluding 
an  alliance  between  the  Atlantic  and  Pacific  Tele¬ 
graph  Company  and  the  Automatic  System  on  the 
basis  therein  mentioned.  And  it  was  therein  men- 


13  honed  flint  the  price  to  be  paid  for  tlie  patents  for 
the  Automatic  System,  contracts,  &e.,  should  be 
40,000  shares  of  the  stock  of  the  said  company. 

The  si  1  mini  i  with  the  propositions 
therein  contained,  approved  and  confirmed  by  the 
said  George  Harrington  and  his  associates. 

4.  It  was  understood  and  agreed  by  and  between 

14  hie  said  Keiif  and  McManus  and  Gould,  that  the 
said  proposed  sale  to  the  Atlantic  and  Pacific  Tele¬ 
graph  Company  for  the  said  40,000  shares  of  stock, 
should  embrace  certain  patents  for  this  defendant’s 
inventions  m  Electric  Telegraphy,  which  are  speei- 
ieiL  ni  certain  deeds  dated  respectively  1st  January, 
187o,  and  nth  April,  1870,  purporting  to  be  tnins- 
iers  hy  said  Harrington  to  said  Gould,  and  which 
deeds  were  delivered  to  said  Gould  for  a  special 
purpose,  as  hereinafter  mentioned,  and  that  said 

15  *!"°  H,,0ldd  diso  embrace  certain  patents  and  inven- 

ons  °f .George  Little,  in  or  relating  to  chemical 
automatic  telegraphy,  and  also  a  certain  telegraph 
line  from  Lew  York  to  Washington,  with  its  offices 
•mil  appurtenances. 

The  said  The  Automatic  Telegraph  Company  held 
U3  said  line  of  telegraph  under  a  certain  contract 
tor  the  purchase  thereof  by  them  from  tile  National 
in  f,?k‘g''ai,"  Coml>imy,  and  also  held  the  right  to  use 
r  e  smd  patented  inventions  of  the  said  George 
w  tie,  under  contract  with  the  lust-named  company 

for  the  purchase  thereof. 

,jVld  tl;u  Automatic  Telegraph  Company  also 
IT  .  vfld>ld  revocable  license  from  the  said  George 
to  i,‘n?  0n>  ')’tb  tbe  llss,:nt  of  life  said  associates, 
to  use  the  said  inventions  of  this  defendant  upon 
1-S1  r^U8ml,hline-  And  this  defendant  np- 
.  l,'-‘ snid  biu'Sain  11Ild  of  the  apportion- 
f  of  lhe  s,dd  stock,  ns  hereinafter  mentioned. 


f,.  Shortly  after  tlie  said  agreement  of  SOtli  De-  17 
cember,  1874,  was  entered  into  as  aforesaid,  it  was 
arranged  by  and  between  the  said  George  Harring¬ 
ton  and  his  said  associates  and  tlie  said  Jay  Gould, 
that  the  said  40,000  shares  to  be  paid  for  tlie  several 
properties  aforesaid,  should  bo  divided  and  appor¬ 
tioned  as  follows,  viz.:  that  81,800  of  the  said  shares 
should  be  paid  for  the  said  patents  and  inventions 
of  this  defendant,  and  8,200  of  the  said  shares  for 
the  rights,  titles,  and  interests,  as  aforesaid,  of  the 
Automatic  Telegraph  Company  and  of  the  National  18 
Telegraph  Company,  and  or  the  said  George  Little 
and'  liis  assigns. 

ft.  It.  was  arranged  by  and  between  the  said 
George  Harrington  and  liis  associates,  and  tlie  Au¬ 
tomatic  Telegraph  Company  and  tlie  said  Jay  Gould, 
that  the  Atlantic  and  Pacific  Telegraph  Company 
should  have  the  l  ight  to  purchase  the  said  property 
on  tlie  terms  aforesaid,  and  should  be  let  into  pos-  ^ 
session  of  the  said  telegraph  line  and  offices,  and 
have  temporarily  tlie  right  to  use  the  said  inven¬ 
tions  upon  their  telegraph  lines,  until  the  comple¬ 
tion  of  the  said  purchase. 

7.  And  this  defendant  admits  that  on  or  about 
the  1st  day  of  January,  1875,  tlie  said  Geo.  Harrmg- 
ton  on  his  own  belmir  ind  is  attorney  to  th  a 
defendant  executed  and  delivered  to  J.  &ould 

deed  of  assignment  bearing  date  that  day,  of  winch  20 

a  copy  is  annexed  to  the  said  complaint. 

And  this  defendant  says  that  the  said  d,®d  dld®d 
1st  January,  1875,  was  made  maccortoicevi  t he 
said  agreement  of  80tli  December,  1874,  and  in  the 
expectation  that  tlie  bargain  thereby  pmposea  vv o  Id 
be  promptly  fulfilled,  and  upon  thes  pae  Go  at 
such  transfer  conditionally  vosUuK  « i *»d 

Gould  for  the  benefit  of  the  intended  puicluisei, 
die  Atlantic  and  Pacillo  Telegraph  Company,  would 


21  strengthen  tin;  case  against  The  Western  Union 
■telegraph  Company,  which  company  falsely  claimed 
to  have  made  a  contract  with  this  (defendant  for  the 
purchase  of  the  said  inventions  from  him. 

8.  It  was  not  understood  and  agreed  by  and  be; 
tween  the  and  Harrington  and  Gould  upon  the  treaty 
Gnnm  Sa'd  d,eed  ?f  lst  January,  1875,  that  the  said 
as  “5  t*le  nominal  consideration  of  one 
23  '  T1  m  rho  said  aeed,  to  become  the  owner 

T'  inventions  in  duplex  and  quadruple* 
ehgraphy  for  lus  own  individual  benefit.  Nor  mis 
understood  and  agreed  by  and  between  them  that 
“d  Harrington  should  undertake  to  sell  and 
1  ‘  "j,  Si,.ul  inventions  without  receiving  any 
oiisideintum  therefor  for  the  benefit  of  this  defend- 
nssn  *  f  Si"fd  ,Rellr  a,ld  McManus  and  others,  the 
the  oii  •  °.r,  H'e  SUid  Harrington,  who  had  supplied 
■}.  “'P1!*  Part  o|-  the  funds  required  for  and 
2a  usui  m  the  development  of  the  said  inventions. 

b„K  R!‘tu U  ";a»  understood  and  agreed  bv  and 
when  t  e  le-SiiUi  Harri,lgton  aud  Gould,  before  and 
c l  ed  H  Saul1deea  °X  l8t  Juuuury,  1875,  was  oxe- 
Conm,„t  lati  th?1Atlantic  »»d  Pacific  Telegmph 
S2?  :S  0UlabtVe  benefit  of  the  transfer 
rnentim,  1ade>  uPon  l,ie  completion  of  the  bargain 
1874t  wvV"  ‘  f  SUid  “ficocment  of  30th  December, 
24  this  dl,  1lLTb.ra,!eda11  the  Mentions  made  by 
wlmt  is  commonly  known  as 
annliuihle  «  Xe  ®®l1lpliy,  and  all  his  inventions 
in  *dimi  10-,eto»  and  embraced  the  said  inventions 
beimSinn^  T",d,'U1>lex  to!egiupliy,  tlie  same 
e»ig  applicable  to  Automatic  Telegraphy. 

defen,WS?ilemad,en8  hereinafter  mentioned  by  this 
dehindm  tl, rough  said  Gould,  his  attorney,  to 

tmnsfm  e  M  •ttSviateUdod  t0  be.  «nd  '«  in  fact,  a 

P  reeds  of  d10nd,mt’s  sl,a>-e  °f  one  third  of  the 
I  cuus  of  any  sale  or  other  disposition  whichmight 


be  completed  by  the  said  Harrington  under  the  said  25 
trust  and  power  hereinbefore  referred  to. 

11.  And  this  defendant,  further  answering,  ad¬ 
mits  that  lie  did,  ns  alleged  in  the  7th  paragraph 
of  the  said  complaint,  on  the  4th  January,  1875, 
execute  and  deliver  to  the  said  Gould  an  irrevocable 
power  of  attorney,  of  which  a  copy  is  annexed  to 
the  said  complaint. 

26 

12.  And  this  defendant  admits  the  allegations 
contained  in  the  0th,  10th,  lltli,  12tli,  18th,'  14th, 
lfitli,  10th  mid  17th  paragraphs  of  tin;  said  „o...- 
plnint,  except  that  part  of  paragraph  13  which  re¬ 
lates  to  I,.  W.  Serrell,  and  which  this  defendant 
denies.  And  except  that  part  of  said, paragraph  16 
alleging  that  the  Western  Union  Telegraph  Com¬ 
pany  closed  or  consummated  the  alleged  agreement 
therein  referred  to.  And  this  defendant  says  that  ^ 
eucli  alleged  agreement  was  not  closed  or  consum¬ 
mated  at  all.  And  this  defendant  also  admits  that 
barograph  8  contains  a  correct  description  of  duplex 
and  qundruplex  telegraphy,  and  the  meaning  of  tlie 
word  “  fast”  as  applied  to  tlie  same,  and  its  applica¬ 
bility  to  the  automatic  system  of  telegraphy. 

And  this  defendant  says  that  he  made  the  contract 
with  the  said  Prescott,  dated  10th  August,  1874,  in 
consequence  of  mistakes  made  mutually  by  himself  28 
and  the  said  Prescott,  in  regard  to  the  true  contents 
of  tlie  skid  deed  of  4th  April,  1871,  and  tlie  legal 
effect-  thereof. 

13.  The  said  George  Harrington  being  in  ill  health 
and  about  to  leave  the  United  States,  it  was  deemed 
prudent  and  advisable  to  obtain  from  him  a  transfer 
of  the  patents  and  inventions  of  this  defendant 
hereinafter  referred  to,  ready  to  take  effect  upon 
the  completion  of  the  said  proposed  or  intended 


I.urclins.!  by  tlio  Atlantic  and  Pacific  Telegraph 
Company,  and  also  a  transfer  from  the  Automatic 
telegraph  Company  of  its  rights  and  title  as  afore¬ 
said,  unto  the  Atlantic  and  Pacific  Telegraph  Com¬ 
pany,  to  be  delivered  upon  the  payment  by  them  of 
the  said  31,800  shares,  and  8,200  shares  of  stock, 
winch  they  could  not  under  their  bv-Inws  issue 
without  a  compliance  with  certain  provisions  therein 
which  involved  considerable  delay. 

And  accordingly,  on  or  about  the  0th  day  of 
Apr’i,  187o,  file  said  George  Harrington,  in  the 
.1  .and  expectation  that  the  said  proposed  bar¬ 
gain,  made  on  the  30th  day  of  December,  187-1,  would 
lie  fulfilled  by  the  saiil  the  Atlantic  and  Pacific 
telegraph  Company,  did  individually  andasattor- 
ney  for  this  defendant,  execute  a  certain  deed  Inur¬ 
ing  date  0th  April,  1875,  purporting  to  be  an  assign¬ 
ment  to  the  said  Jay  Gould  of  the  patents  and  in¬ 
ventions  of  this  defendant  therein  referred  m.  for 
the  nominal  consideration  of  one  dollar. 

And  the  said  deed  was,  by  an  instrument  in  writ- 
f  w  e''  ,mnd  llud  of  this  defendant,  bear- 
g  date  loth  April,  1875,  approved,  ratified  and 
confirmed  by  this  defendant. 


14.  1  he  said  George  Harrington,  on  the  10th  day 
I’1’.?875’  1"lnded  the  said  deed  of  9th  April, 
r  h  S1‘,rt  Jay  «0|ild,  as  a  trustee  or  agent 
will  ei  71tl,l'ltic  ,,,,d  Telegraph  Company, 

dral.,i  ?  o'  the  Sllid  Guo'B«  Harrington  ad- 
dassal  to  the' said  Jay  Gould,  and  signed  by  the 
s  m  George  Harrington,  requesting  him  to  withhold 
the  said  assignment  until  the  Atlantic  and  Pacific 
le  egraph  Company,  should  deliver  to  him,  the 
ei  (  Jay  Gould,  31, 800  shares  of  the  stock  of  the 
said  Company  and  then  to  deliver  the  said  assign- 
noiit  to  them  And  in  and  by  the  said  letter  the 
said  Jay  Gould  was  directed  to  hold  the  said  81,800 


9 

shares  of  the  stock,  to  be  delivered  to  the  said  83 
George  Harrington,  J.  C.  ReilT,  John  McManus 
and  others  named  therein,  m  the  shares  and  pro¬ 
portions  tliurein  mentioned. 

If).  The  said  Jay  Gould  did  not  pay,  or  premise 
or  agree  to  pay,  to  the  said  George  Harrington,  any 
consideration  whatever  for  the  said  assignment  to 
the  said  Jay  Gould  of  the  said  patent  rights  held 
by  the  said  George  Harrington  in  trust  as  aforesaid.  g4 
Nor  did  the  said  Jay  Gould  pay,  or  promise,  or 
agree  to  pay,  to  the  said  Thomas  A.  Edison,  any 
consideration  whatever  for  his  said  ratification  there¬ 
of.  Nor  did  the  said  Jay  Gould  promise  or  agree 
that  the  Atlantic  and  Pacific  Telegraph  Company 
should  pay  any  consideration  therefor.  Nor  did 
the  Atlantic  and  Pacific  -Telegraph  Company  pro¬ 
mise  or  agree  to  purchase  the  patent  rights  and  in¬ 
ventions  embraced  in  the  said  deed  of  9th  April, 
1875,  for  any  price  or  consideration,  lint  it  was  gg 
understood  and  agreed  by  and  between  the  said 
Geoige  Harrington  anil  his  associates  and  the  said 

Jay  Gould  that  the  Atlantic  and  Pacific  Telegraph 
Company  should  have  the  right  to  purchase  the 
same  upon  payment  of  the  consideration  specified  in 
the  said  letter  of  the  10th  April,  1875. 

10.  When  the  said  Jay  Gould  entered  into  the  said 
contract,  dated  December  30,  1874,  lie  was  tally 
aware  of  tlio  rights  of  the  said  J.  C.  Iteitf  and  John  36 
McManus,  and  their  associates  having  had  direct 
notice  thereof  from  the  said  J.  C.  Koiff  and  John 
McManus,  and  from  the  said  George  Harrington,  and 
otherwise.  And  the  said  George  Harrington,  on  or 
about  the  12th  day  of  January,  1875,  wrote  a  letter 
to  the  said  Jay  Gould,  referring  to  the  said  contract 
of  80th  December,  1874,  and  expressing  lus,  the  said 
George  Harrington’s,  approval  thereof. 


And  the  said  letter  of  instruction,  dated  10th 


37  April,  187 5,  written  by  the  said  George  Harrington 
to  tile  said  Jay  Gould,  and  delivered  to  him  ns 
aforesaid,  with  the  said  deed,  dated  Oth  April,  1875, 
was  drawn  up  with  the  consent  and  approbation  of 
the  said  Jay  Gould,  and  was  received  by  him,  with 
the  said  deed,  upon  his  promise  and  undertaking  to 
abide  by  and  follow  the  terms,  stipulations,  con¬ 
ditions  and  directions  therein  contained. 


17.  The  plaintiiT  had,  prior  to  taking  any  action 
in  regard  to  the  said  patents  and  inventions,  and  the 
said  telegraph  line  from  New  York  to  Washington, 
and  the  business  thereof,  full  and  direct,  as  well  as 
constructive  notice  of  the  facts  and  circumstances 
aforesaid  in  relation  to  the  said  agreement  of  30th 
December,  1874,  and  the  said  deeds  and  tin1  said 


18.  It  was  assumed  by  the  said  Harrington  and 

39  us  associates,  and  by  the  said  Jay  Gould,  that  the 
bin-gain  specified  in  the  said  agreement,  dated  30th 
December,  1874,  would  be  consummated,  and  ac¬ 
cordingly  the  plaintiff  was  put  in  possession  of  the 
property  agreed  to  be  sold  to  it  us  aforesaid. 

19.  The  Atlantic  and  Pacific  Telegraph  Company 
have  been  applied  to  frequently  by  the  saidJ.  C. 

,i‘'  *or  himself  and  his  said  associates,  to  com- 

40  1  i,te ,  ,  8a'd  bargain  and  to  pay  the  consideration 
called  for  by  the  said  deed  of  Oth  April,  1875,  and 
the  said  instrument  of  writing  delivered  therewith 
to  the  said  Jay  Gould;  but  the  said  company,  by 
ito  officers  and  agents,  have,  from  time  to  time  set 
up  various  reasons  and  pretexts  tor  delaying  and 
postponing  suoli  settlement,  sometimes  pretending 
Hint  they  would  settle  as  soon  as  Mr.  Eckert,  the 
president  of  the  said  company,  should  recover  from 
his  sickness,  and  be  able  to  attend  to  business  ;  and 
at  other  times  pretending  that  they  were  waiting 
tor  Mr.  Harrington  and  his  associates  to  preform 


their  part  of  the  contract ;  but  at  last,  and  when  41 
these  pretexts  could  answer  no  further  purpose, 

'the  said  Atlantic  and  Pacilic  Telegraph  Company, 
by  their  President  and  other  officers  of  the  said 
company,  declared  that  the  said  company  would 
not  complete  the  said  proposed  purchase  without  a 
large  abatement  of  the  price. 

And  the  Atlantic  and  Pacilic  Telegraph  Company 
having  declared  that  they  will  not  pay  the  consider-  ^ 
ation  agreed  upon  this  defendant  claims  and  innate 
that  the  said  transfers  from  the  said  Harrington  to 
the  said  Gould  are  inoperative  and  that  the  plaint  ff 
has  no  equitable  title  to  the  said  inventions,  and 
nas  no  right  to  maintain  this  action. 

20.  And  this  defendant  further,  answering,  says 
that  being  entitled,  as  aforesaid,  to  one  third  pin  t 
share  of  the  beneficial  interest  in  tin  said  unc 
of  duplex  and  quadruples  telegraphy  muhn  the 
provisions  of  the  said  deed  of  4th  April, :  ,  > 

defendant,  authorized  the  said  Jay  C<ml 
and  transfer  the  same  tor  830,000,  to  S.  M.  Mil  , and 
accordingly  this  defendant  gave  to  sail  ’ 

above  mentioned,  a  power  of  attorney,  dated  4rii 

January.  1875,  authorizing  him  to  sol  and  rai wfO; 
allot  this  defendant’s  right,  title,  and.nte^tinoi 
to  the  said  inventions  in  duplex  and  quad... plex 
telegraphy.  44 

And  this  defendant  thereuponreceivedfromthe 

said  Gould  the  said  sum  of  830,000.  ’  And  l  e  said 
Mills  by  deed  dated,  11th  January,  MW. “J 
recorded  until  April,  10,  1875,  transfernkl  «U  lus 
rights,  title,  and  interest  in  and  to  the  said 
unto  the  Atlantic  and  Pacific  Telegraph  Company. 

21.  And  this  defendant,  further  answerii^jys 
that  the  saiddeed  dated  Oth  March,  1875,  .efe.ied 


1 


12 


13 


45  in  tlie  sixth  paragraph  of  the  complaint  in  this  rase, 
and  purporting  to  ben  transfer  from  said  Harrington 
to  said  Gould  of  the  said  inventions,  was  made,  as 
appears  on  the  face  of  the  said  deed,  merely  for  the 
purpose  of  correcting  a  verbal  error  in  the  former 
deed,  dated  1st  January,  1875. 


City  and  County  of  New  York,  ss : 

Thomas  A.  Edison,  the  defendant  above  named, 
being  duly  sworn,  says  that  the  foregoing  nnswei  is 
true  except  sis  to  those  matters  therein  stated  on 
Station  and  belief,  and  ns  to  those  matters  he 


22.  And  this  defendant  denies  the  allegation  in  the 
complaint,  that  the  said  Gould  did,  in  consideration  of 

46  the  said  assignments,  to  hint  by  the  said  Harrington, 
dated  1st  January,  1875,  and  9tli  March,  1875,  pay 
and  deliver  to  the  said  Harrington  a  valuable  and 

lit  consideration  for  the  same.  And  this  de¬ 
fendant  denies  that  those  deeds  were  ratified  and  ap¬ 
proved  by  Him  for  any  purpose  or  object  other  than 
the  purpose  and  object  hereinbefore  stated.  And 
this  defendant  says  that  it  was  understood  and 
agreed,  by  and  between  the  said  Harrington  and 
Gould,  that  the  said  deeds  were  not  to  become 

47  operative  until  the  Atlantic  and  Pacific  Telegraph 
Company  should  pay  the  consideration  for  the  same 
stipulated  as  aforesaid. 


Sworn  to  before  me  this  1 
day  of  1876.  f 


23.  As  to  the  allegations  of  the  said  complaint  not 
herein  expressly  admitted  or  denied,  this  defendant 
has  no  knowledge  or  information  sufficient  to  form 
a  belief. 


ii~S£S$S!« 


fjl.  f}..  jfcijrerwr  Cfltttl 


Tnc  Atlantic  &  Pacific  Tele- 

g  HAITI  Co. 

,  Answer  of  the 

■  Wes tom  Union 

Tiie  Western  Union  Telegraph  ToleeraP'1  Co- 
Company,  impleaded,  &e.,  and 


The  defendant,  tho  Western  Union  Telegraph  Com¬ 
pany,  for  its  answer  to  tho  complaint  herein  : 

First. — Admits  the  allegations  contained  in  the  first 
and  second  articles  thereof. 

Second. — Denies  any  knowledge  or  information  sulfi- 
.cient  to  form  a  belief  of  nny  of  tho  allegations  con¬ 
tained  in  the  third,  sixth  and  seventh  articles,  and  in 
thnt  part  of  tho  eighth  article  ending  with  tho  words, 
"  gold  and  stock  company,”  in  tho  9th  folio. 

Third. — Denies  all  the  allegations  of  the  fourth  and 
fifth  artioles,  and  all  the  allegations  of  the  eighth 


10  oott  did  pay  the  fees  and  assist  Edison  as  alleged  in  ' 
subdivision  2,  down  to  and  including  the  words  "  in-  ‘ 
ventions  and  iinproromonts'1  in  folio  23 ;  that  it  paid 
to  Edison  $5,000  (not  on  account  of  tho  twenty 
machines  rofarrod  to  in  tho  25th  folio,  bnt  only  as  in  tho 
thirteenth  article  hereof  is  moro  fully  set  forth),  and  that 
this  defendant  has  manufactured  and  is  using  many 
machines  embodying  the  improvements  referred  to  in 


that  this  defendant  or  said  Prescott  refused  to  rece 
suoli  sums  of  money,  or  any  part  thereof,  alleged 
have  been  so  offered  by  him. 

Twelfth. — And  for  furthor  auswer  the  defendant  si 
that  on  tho  4tli  day  of  April,  1871,  no  such  agreem 
ns  that  referred  to  in  tlio  third  article  of  the  compln: 


16  benefit  mid  uao  of  tho  dofondant;  and  on  its  part  tho  de¬ 
fendant  agreed  to  furnish  to  Edison  facilities  and  material 
for  tlie  prosecution  of  such  experiments,  and  the  dovel- 
opmentfor  practical  uso  in  its  business,  of  all  his  discov¬ 
eries  and  inventions  which  should  result  therefrom :  and 
itwns  at  the  same  time  further  agreed  by  both  said  par¬ 
ties  that  all  such  experiments  and  discoveries,  anil  all 
tho  improvements  and  inventions  which  should  result 
therefrom,  and  especially  ail  of  those  which  related  to 
duplex  or  other  modes  of  multiplo  transmission,  should 
be  made  for  tho  defendant  and  Dot  for  said  Edison ; 
that  all  such  improvements  and  inventions  should, 
upon  the  making  thereof,  bo  tho  property  of  the  de- 

17  feridant  exclusively,  and  thut  whatever  letters  pntent 
for  them  the  said  Edison  should  bo  entitled  to  by 
law,  as  inventor,  should  bo  applied  for  by  him  and  be 
transferred  to  the  defendant;  and  thnt  for  nil  such 
inventions,  improvements  and  letters  patent  ho  should 
receive  such  price  as  should  bo  just,  nnd  the  amount 
thereof  should  bo  ascertained  in  due  time  either  by 
agreement  of  the  parties,  or  if  that  failed,  by  arbitration. 
These  terms  of  the  said  agreement  between  the  de¬ 
fendant  nnd  Edison  wore  repeatedly  confirmed  by 
them  during  the  years  1873  nnd  1874  nnd  up.  to  tho 
20th  day  of  January,  1876.  And  this  defendant  and 
Edison,  up  to  tho  time  of  tho  agreements  with  Pres¬ 
cott  as  hereinafter  set  forth  ;  and  after  these  ng — 
ments,  this  defendant  and  Edison  nnd  Prescott,  t 
together  in  respect  to  all  of  Edison's  experiments, 
provomonts  and  inventions  connected  with  duple: 
qundruplox  telegraphy,  on  tlm  basis  and  in  pursm 
of  such  terms  of  said  original  agreement  with  Ed 
as  are  nbovo  sot  forth. 

In  pursuance  of  this  agroomout  tho  said  Edison 
gnu  his  experiments  in  or  about  the  month  of  Eo 
ary,  1873,  and  continued  them  from  time  to  time 
mg  tho  greater  part  of  thnt  year,  and  into  tho  wi 
of  1873  and  1874;  and  at  his  reouest.  and  f 


>bout  the  month  of  February,  1874,  and  throughout 
;hat  yonr,  the  defendant  furnished  to  him  larger  facil¬ 
ities  in  material,  the  use  and  scrvicoof  its  lines,  oper¬ 
ators,  workshops,  machinists  and  othor  employes,  nnd 
especially  in  tho  assistance  of  its  electrician,  George 
B.  Prescott;  and  during  this  period  nnd  before  Sop- 
tombor,  1874,  Edison  hud  made  certain  of  the  desired 


about  June,  1874,  tho  said  Edison  t 
igrccd  jointly  fwith  this  defendant  to  j 
io  condition  of  Edison’s  agreement  witli 
d. 

out  the  1st  day  of  June,  1874,  and  conti 
until  after  the  10th  day  of  August,  1874 


12 

34  their  pretended  title  to  the  inventions  involved  in  this 

eotion. 

On  the  28th  day  of  January,  1876,  tho  defondant 
Edison,  having  over  since  said  20th  day  of  January 
kept  himself  concealed,  so  that  no  tendors  of  any  sort 
on  the  part  of  this  dofondiint  might  be  mado  to  him, 
this  defendant  demanded  of  Prescott  a  conveyance  to 
it  of  tho  interests  agreed  to  bo  conveyed  to  it  by  said 
Prescott  and  Edison,  and  then  tendered  to  him  tho 
money  stipulated  for  by  tho  offer '  of  Decomber  80, 
and  offered  to  oxecuto  a’  proper  agroemont  securing 
the  royalty  also  provided  for  by  that  offer;  thereupon 
the  said  Prescott  declared  his  willingness  to  sign  and 
gg  execute  all  necessary  instruments  to  seouro  to  this  de¬ 
fendant  the  inventions  aforesaid  and  letters  patent 
therefor,  and  to  accept  said  money  and  agreomont 
for  the  royalty;  but  that  as  the  agreomont  between  him 
and  Edison  required  tho  joining  of  Edison  in  such  as¬ 
signment,  and  Edison  refused  so  to  join  with  him,  no 
such  instrument  could  bo  effectually  made. 

Fourteenth. — And  the  defendnut  further  says,  upon 
its  information  and  belief,  that  beforo  the  dates  or  mak¬ 
ing  nt  any  time  of  any  of  the  pretended  agreements 
between  Edison  and  Gould,  or  Harrington  and  Gould, 
which  nro  alleged  in  tho  complaint,  tho  snid  Gould 
3q  was  folly  informed  of  Edison’s  then  existing  agreement 
with  this  defendant,  and  also  of  his  agreement  with 
Prescott,  all  ns  lieroinboforo  sot  forth;  and  of  all 
his  relations  with  this  defendant  and  Prescott,  in 
virtue  of  said  agreements ;  and  was  also  informod,  at 
or  about  tho  several  dates  of  suoh  ovonts,  of  the  pay¬ 
ments  to  himsolf  and  Presoottof  the  respective  sums 
of  $5,000,  on  account  of  the  price  to  bo  paid  by  this 
defendant  for  his  inventions  and  patents;  and  of  the 
-  execution  and  delivery  of  tho  instruments  marked 
Defondant’s  Exhibits  A,  B,  0,  D  nud  E,  copies  of  each 
of  which  were  also  delivered  or  exhibited  to  snid  Gould, 
at  or  about  their  several  dates ; .  and  also,  that  this  do-  ' 


13 

fcndnnt  was,  by  virtue  of  its  said  original  agree¬ 
ment  with  Edison,  and  of  the  subsequent  agreements 
between  him  and  Prescott,  the  owner  of  inventions 
in  duplex  and  quadruplex  telegraphy  made  since 
January,  1873, and  entitled  to  Letters  Patent  there¬ 
for,  and  particularly  of  those  mentioned  in  the  ap¬ 
plications  Nos.  04  to  100,  both  inclusive,  involved  in 
this  action ;  and  that  all  these  tilings  were  fully 
known  to  said  Gould  before  December  31, 1874,  ex¬ 
cept  the  letter  of  January  10,  1875,  and  that  that 
was  known  to  him  at  or  about  its  date,  and  that  all 
of  them  were  known  to  him  before  the  execution  or 
.  delivery  to  him,  by  said  Harrington  and  Edison,  or 
either  of  them,  of  any  such  instrument,  falsely  pur¬ 
porting  to  have  been  executed  on  or  about  January 
1,  1875,  or  such  instrument,  said  to  be  dated  March 
0,  1875,  as  are  referred  to  in  the  0th  article  of  the 
coinphiint;  and  before  the  execution  or  deliveiy 
to  him  by  said  Edison  of  any  such  instrument  of 
January  4tli,  as  is  referred  to  in  the  7th  article  of 
the complaint ;  and  before  lie  paid  any  money  either 
to  said  Harrington  or  Edison,  in  consideration  of 
either  of  such  instruments,  or  on  account  of  the 
inventions  or  patents  in  either  of  said  instruments 
referred  to  or  alleged  in  the  complaint. 

The  defendant  further  alleges  that  the  said  Mills 
was  before  and  at  the  time  of  the  alleged  assignment 
to  him  of  January  0,  1875,  m  intimate  conlideutial 
relations  with  said  Gould,  and  in  virtue  of  this,  and 
as  his  broker  and  otherwise,  was  accustomed,  upon 
an  understanding  to  that  effect  between  them  to  make 
transactions  and  advance  moneys  in  his  own  name 
but  for  Gould’s  account  and  benefit ;  that  any  such 
assignment  to  Mills  as  that  alleged  in  the  seventh 
article  was  taken  in  virtue  of  the  conlideutial  rela¬ 
tions  and  understanding  aforesaid,  at  Gould’s  re¬ 
quest  and  for  his  puiposes,  and  as  the  intermediary 
between  Gould  (acting  in  the  name  of  Edison) 
and  The  Atlantic  and  Pacific  Telegraph  Company ; 
for  the  accommodation  of  both,  and  at  their  request, 
and  not  for  himself ;  and  with  notice  on  the  part  of 


14a 


53  Mills  of  all  the  matters  relating  to  the  dealings  be- 
tweed  Edison  and  this  defendant  or  Preseott  which 
are  above  set  forth  in  this  article  ;  and  if  he  paid 
any  consideration  for  such  assignment,  which  this 
defendant  upon  its  information  and  belief  denies, 
without  paying  any  such  consideration  for  his  own 
benefit  but  only  on  C-tould’s  account,  and  in  virtue 
of  his  relations  aforesaid,  and  on  the  understanding 
that  whatever  advance  was  so  made  by  him  should 
be  reimbursed  him  by  Gould  or  the  plaintiff,  and 

54  that  he  was  to  assign  whatever  interest  passed  to  him 
by  said  instrument  to  the  plaintiff,  or  to  such  otlier 
person  as  Gould  should  designate. 

And  the  defendant  further  alleges  that  this  plain¬ 
tiff  and  its  executive  ofiicers  had  notice  before  Dec. 
31st,  1874,  of  all  the  matters  which  are  averred  in 
this  article  to  have  been  known  to  Gould  in  respect 
to  the  relations  of  Edison  with  the  defendant  and 
Prescott,  and  at  and  before  the  execution  and  deliv¬ 
ery  to  said  Gould  of  any  of  the  alleged  instruments 

55  of  January  1st,  March  Oth,  and  January  4tli,  1875, 
described  in  the  Sixth  and  Seventh  Articles,  and  at 
and  before  the  delivery  to  said  Mills  of  the  alleged 
instrument  of  January  Oth,  1S75,  described  in  the 
Seventh  Article,  and  at  and^  before  the  delivery  to 
it  by  said  Mills  or  said  Goidd  of  either  of  the  in¬ 
struments  purporting  to  be  dated  January  lltli  and 
July  10th,  described  in  the  Seventh  and  Eighth  Ar¬ 
ticles  ;  and  that  the  plaintiff  and  its  executive  offi¬ 
cers  at  the  time  of  the  alleged  assignment  of  Jnnu- 

50  ary  Oth  to  Mills,  and  at  the  time  of  the  alleged  as¬ 
signment  by  Mills  to  it,  had  notice  of  all  the  mat¬ 
ters  relating  to  said  assignment  to  Mills  which  are 
in  this  article  before  alleged. 

Fifteenth.— Ani[  for  further  answer,  this  defendant 
says,  that  at  or  before  the  respective  times  of  the 
making  of  the  said  agreement  by  it  with  said  Edison, 
and  by  it  with  said  Edison  and  Prescott,  ns  stated 
m  tlm  thirteenth  article  of  this  answer,  and  of 
the  said  furnishings  by  it  of  facilities  and  material, 


and  of  the  said  payments  by  it  of  §5,000  each  to  57 
said  Edison  and  to  said  Prescott,  and  at  all  times 
before  the  20th  day  of  January,  1875,  this  defendant 
had  no  notice  whatsoever  of  the  agreements  or  instru¬ 
ments  of  October  1,  1870,  and  April  4,  1871,  alleged 
in  the  3d  and  4th  Articles  of  the  complaint,  or  of  any 
claim  by  said  Harrington  of  any  light,  title  or  inter¬ 
est  in,  or  to  the  said  inventions,  or  any  of  them,  or 
of  any  other  agreement,  incumbrance,  assignment, 
conveyance  or  instrument  whatsoever,  or  of  any 
claim  by  said  Harrington  whatsoever  that  in  any-  68 
wise  affected  the  said  inventions  and  patent  rights 
and  interests  so  purchased  by  this  defendant  as 
nforesnid,  or  any  of  them,  or  any  part  thereof ;  ex¬ 
cept  that  this  defendant  was  informed  of  the  terms 
of  said  agreements  between  Edison  and  Prescott  at 
or  about  tho  time  of  the  execution  thereof ;  and  this 
defendant  insists  that  it  is  a  bona  fide  purchaser  of 
tho  aforesaid  inventions,  patent  rights,  interests 
and  promises,  for  a  good  and  valuable  consideration, 
and  without  any  notice  of  either  of  said  alleged  in-  39 
struments  and  agreements  between  said  Harrington 
and  Edison,  or  of  any  claim  by  said  Harrington  of 
any  right,  title  or  interest  in  tho  said  inventions, 
rights  and  interests  or  any  of  them. 

And  for  a  further  answer,  this  defendant  says, 
uiion  its  information  and  belief,  that  at  or  before  the 
respective  times  of  the  making  of  said  agreements  be¬ 
tween  said  Edison  and  Prescott,  and  of  the  fuliillment 
of  the  terms  of  said  agreements  by  said  Prescott,  and 
at  all  times  before  the  said  23rd  day  of  January,  GO 
1875,  the  said  Prescott  lmd  no  notice  of  either  of 
tho  said  instruments  dated  Oct.  1,  1870,  and  April 
4,  1871,  between  Harrington  and  Edison,  alleged  in 
the  3d  and  4tli  Articles  of  tho  complaint,  or  of  any 
claim  by  said  Harrington  of  any  right,  title  or  inter¬ 
est  in  the  said  inventions  or  any  of  them,  or  of 
any  other  agreement,  incumbrance,  assignment,  con¬ 
veyance  or  instrument  whatsoever,  or  of  any  claim 
by  said  Harrington  whatsoever,  that  in  any  wise 
affected  the  said  inventions,  or  any  of  them,  or  any 


Exhibit  A. 


61  part  thereof,  and  that  said  Prescott  was  a  bona  fide 
purchaser  of  the  inventions,  patent  rights  and  inter¬ 
ests  mentioned  and  described  in  said  instrument  of 
August  19,  1874,  subject  only  to  the  covenants  and 
provisions  therein  set  forth,  for  a  good  and  valuable 
consideration,  and  without  any  notice  of  the  said 
alleged  instruments  between  Edison  and  Harring¬ 
ton  or  of  either  of  them,  or  of  any  claim  by  said 
Harrington  of  any  rigid,  title  or  interest  in  said  in-  ( 
ventions,  rights  and  interests  or  any  of  them. 

62  Wherefore  this  defendant  demands  judgment  that  , 
the  complaint  be  dismissed. 


PORTER,  LOWREY,  SOREN  &  STONE, 

Ally's  for  W.  U.  Tel.  Co. 

State  op  New  York,  ) 

City  and  Comity  of  New  York,  )  ss ' 

v/f-mrtrmj  being  duly  sworn,  says :  That  the 

6o  defendant,  is  a  corporation,  and  that  he  is  the  dri  cgf 
/i&tidibflhereol' ;  that  the  foregoing  answer  is  true,  to 
his  own  knowledge,  except  as  to  the  matters  therein 
stated  on  information  and  belief,  and  that  as  to  those 
matters,  he  believes  it  to  be  true. 

/(bcLcuSoC/o/} 

64  J'trteZf 

iMffQ 


PRELIMINARY  RECEIPT. 

N.  Y.,  Deo.  10, 1874. 


Whereas,  Thomas  A.  Edison  and  George  B.  Prescott 
aro  tlio  inventors  of  cortnin  improvements  in  tele- 
.  gyaphy,  relntiug  to  duplex  and  qundruplex  telegraph¬ 
ing,  for  which  letters  patont  of  the  United  States  have 
heeu  applied  for  by  said  inventors ;  and 

Whereas,  Said  Edison  and  Prescott  have  agreed  to 
assign  all  thoir  right,  title  and  intorost  in  and  to  said 
invention  and  lottors  patont,  to  tlio  Western  Union 
Tolograph'  Company,  providod  the  terms  of  payment 
for  such  assignment  and  transfer  shall  bo  satisfactorily 
adjusted  betweon  tho  said  parties  and  tlio  said  Tele¬ 
graph  Company : 

I,  the  said  Thomas  A.  Edison,  horeby  aoltnowiedgo 
tho  receipt  of  five  thousand  dollars  to  mo  iu  hand  paid 
in  part  paymont  for  my  intorost  iu  tho  said  assign¬ 
ment  and  transfer. 

Witness  my  hand  and  sonl  this  tonth  day  of  Decem¬ 
ber,  1874. 

Thomas  A.  Edison,  [l.  s.j 


Witness :  . 

A.  R.  BnEWEii. 

City  and  County  of  New  York,  ss.: 

On  this  21st  day  of  January,  1876,  boforo  mo  per¬ 
sonally  nppoared  A.  R.  Browor,  to  mo  personally 
known,  and  known  to  mo  to  bo  tho  subscribing  wit¬ 
ness  to  tlio  foregoing  instrument,  who,  being  by  mo 
duly  sworn,  said :  That  ho  rosidod  in  tho  oity  of 
Brooklyn  in  tho  State  of  Now  York;  that  ho  was  ao- 
quaintod  with  Thomas  A.  Edison  and  know  him  to  bo 
tho  person  dosoribod  in  and  who  oxoouted  said  instru¬ 
ment.  and  that  ho  saw  him  oxoouto  and  deliver  the 


i  same,  and  that  lie  acknowledged  to  liim,  said  A.  R. 
Brewer,  that  he  executed  and  delivered  the  same,  and 
that  thereupon  he,  said  A.  R.  Brower,  subscribed  his 
name  as  a  witness  thereto. 

'  H.  M.  Haiqii, 

Notary  Public, 

N.  Y.  Co. 


S  New  York,  January  16, 1876. 

Whereas,  Thomas  A.  Edison  and  George  B.  Prescott 
are  the  joint  owners  of  certain  improvements  in  Tele¬ 
graphy,  relating  to  duplex  and  quadruples  telegraph¬ 
ing,  for  which  letters  patent  of  the  United  States  have 
been  applied  for  by  said  Thomas  A.  Edison and 
Whereas,  said  Edison  and  Prescott  have  agreed  to 
assign  all  their  right,  title  and  interest  in  and  to  said 
inventions  and  letters  pntent,  to  the  Western  Union 
Telegraph  Company,  provided  the  terms  of  payment 
for  such  assignment  and  transfer  shall  bo  satisfactorily 
adjusted  between  tho  said  parties  and  tho  said  Tele¬ 
graph  Company : 

'  I,  tho  said  George  B.  Prescott,  hereby  aoknowledgo 
the  receipt  of  five  thousand  dollars  to  me  in  hand  paid 
in  part  payment  for  my  interest  in  the  said  assignment 
and  transfer.  , 

Witness  my  hand  and  seal  this  sixteenth  day  of  Jan¬ 
uary,  1870. 

(Signed,)  / 

Geouqe  B.  Prescott, 

Witness, 

(Signed,)  Gerrit  Smith.  ' 


R,  H.  Rochester, 

Treasurer: 

"On  the  dolivory  to  you  of  this  papor,  pay  Georgo  B. 

Prescott  the  sum  of  fivo  thousand  dollars  ($5,000). 

(Signod,) 

William  Orton, 

President. 

Jan.  16, 1876.  ,  _ 

Rocoivcd  fivo  thousand  dollars,  Now  York,  January, 
16th,  1875. 

(Signod), 

George  B.  Prescott. 

.  Paid,  Jan.  16, 1876,  by 


Hon.  Wm.  Orton, 

Presfc.  Union  Tol’gli  Co.: 

D’r  Sir, —Your  ,  company  has  over  25,000  miles  of 
wire,  which  can  now  bo  profitably  “  Qiiadruplexcd. 

Considering  tlieso  26,000  miles  to  bo  already  du¬ 
plexed,  tho  quadruples  will  pronto  50,000  miles  addi- 
,  tional.  ^ 

For  all  our  patents  and  offorts  in  protecting  tlie  com¬ 
pany  in  tho  monopoly  of  the  same  during  their  life,  wo 
will  take  l-20th  of  the  average  cost  of  maintenance  of 
60,000  miles  of  wire  for  17  years,  one-third  down  and 
tho  balance  in  yearly  payments  during  tho  above  men¬ 
tioned  period.  "  Half  of  such  payments  to  cease  tho 
moment  any  other  person  shall  invent  and  put  into 
praotioal  operation,  a  quadiuplox  (not  infringing  our 
patents),  upon  a  oirouit  of  400  miles  in  length. 

Yours,  etc., 

(Signed)  Tnos.  A.  Edison. 

Geo.  B.  Prescott. 


2d.  Wo  will  take  twenty-five  thousand  down  for  all 
patants,  and  a  royalty  of  §233  per  year  for  each  oironit 
created. 


Thomas  A.  Edison,  Esq.,  and  George  B.  Prescott 
Esq. : 

Gentlemen,— Boferring  to  the  negotiations  and  ar¬ 
rangements  heretofore  made  between  you  nnd  tho 
Western  Union  Telegraph  Company,  for  tho  sale  and 
transfer  to  that  company  of  all  your  patents  relating 
to  the  duplex  nnd  quadruples  telegraphy,  subioot  to 
definite  ascertainment  of  tho  compensation  to  bo  paid, 
and  especially  to  tho  two  offers  in  .writing  made  by 
fows°n  01  abPUt  tU°  3°th  day  of  Dooembor  last- 03  f°l- 

«  ^  tako  twout;y-fiva  thousand  down 

and  25,000  in  six  months  for  all  patonts,  nnd  a 
royalty  on  duplex  of  $1GG  per  year  for  oach  oirouit 
“created. 

“2d.  We  will  tnko  twenty-five  thousand  down  for 

■  fiXS*  “  •*  <«  - : 

■  I  hereby  notify  you,  on  behalf  of  tho  Wostorn  Union 


19 

‘  Telegraph  Company,  that  tho  proposition  for  oompen-  64 
nation  abovo  quoted,  aiud  by  you  mnrkod  “  2d,”  is 
boroby  accepted  as  made,  nnd  the  company  is  ready  to 
close  tho  business  at  your  earliest  convenience,  and  to 
mako  nil  tho  pnymouts  onllod  for,  upon  rocoiving  from 
you  propor  assignments  and  transfers  of  the  said 
patents. 

Yours,  very  respootfully, 

William  Orton, 

President. 


Electrician's  Department, 

Western  Union  Telegraph  Company, 
George  B.  Prescott, 

•  .  Eleotrioinn. 


Hon.  William  Orton,  President. 

Dear  Sir Your  fnvor  of  tho  19th  instant,  accept¬ 
ing,  tho  propositions  heretofore  made  by  Thomas  A. 
Edison  nnd  myself  for  tho  sale  to  tho  Western  Union 

Telegraph  Company  of  certain  inventions,  nnd  all  our 

right,  titlo  nnd  interest  of  every  ohnrnotor  in,  to,  under  gg 
and  connooted  with  all  letters  patent  of  the  United 
Statos,  which  may  bo  granted  to  us  for  improvements 
in  duplox  nnd  qnadmplox  telegraphs,  nnd  fixing  the 
compensation  to  bo  paid  in  accordance  with  our.  pro¬ 
position  mndo  and  marked"  2d,”  on  or  about  the  30th 
day  of  December,  camo  duly  to  hand;  nnd,- in  reply, 

I  have  to  say  that  I  am  ready  to  unite  with  said 
Edison  in  conveying  all  such  patents  or  inventions,  or 
to  assign  my  interest  sopnratoly,  if  I  may  lawfully  do 

Yours,  very  respeottully, 

George  B.  Presoott. 


61  Exhibit  D. 

Two  propositions : 

1st.  Wo  will  tnko  twenty-five  thousand  down  and 
twenty-fivo  thousand  in  six  months  for  all  patents, 
and  a  royally  on  qundruplex  of  S1GG  per  year  for  each 
circuit  created. 


Ninth. — Doilies  tlmt  tlio  ngrcomont  between  hinist 
Edison,  roforrcd  to  in  tlio  fourteenth  article,  was  ox 
under  tlio  ndvico  of  couusel,  who  ivns  also  counsel  I 
defendant,  tlio  ‘Western  Union  Telegraph  Coiapni 
that  such  ngrcomont  was  executed  under  the  nil' 
souiiBcl  for  tho  defendant ;  tlmt  tlio  agreement  betwee 
ran  and  Harrington,  tlioro  referred  to,  did  not  iuelii 
[ilex  and  ipindruplox  tologrnphy,  or  either  of  them, 
Edison  was  misled  into  executing  tlio  said  agio 
between  him  and  this  defendant. 

Ho  admits  that  at  tlio  timo  referred  to  in  tlio  21st  f 
ivas  tho  electrician  of  tho  Western  Union  Telegraph 
inriy :  that  ho  did  pay  tho  feos,  and  assist  Edison, 
loged  in  subdivision  2,  down  to  and  including  tlio 
‘said  inventions  anil  improvements"  in  folio  23;  th 
Western  Union  Telegraph  Company  paid  Edison  ■ 
but  not  on  account  of  tlio  twenty  machines  referred 
;ho  25tli  folio,  and  only  ns  in  tho  thirteenth  nrtiolo  lie 
norb  fullv  sot  forth),  and  also  tlmt  tho  Western 
Holograph  Company  hns  manufactured  ninny  limolini 
jodying  tho  improvements  roforrcd  to  in  tlio  fifth 
rision,  and  is  now  using  the  same,  aud  denies  all  the 
illogations  of  tho  fourteenth  nrticlo. 


12  defendant  says,  upon  his  information  and  belief,  that  foi 
mora  than  a  year  next  preceding  May,  1874,  tlio  dofondant 
Edison  had  boon  making  experiments  for  tho  purposo  of 
improving  nrnl  adding  to  tho  oapaoitios  of  tho  so-called 
Stearns  duplex  system  of  telegraphy,  and  of  making  now 
discoveries  and  inventions  in  dttplox,  qundruploxnnd  other 
inodes  of  .  multiple  transmission  of  electric  signals  on  tlic 
same  wire ;  that  those  experiments  had  been  errried  on  by 
him  under  an  arrangement  witli  tho  defendant,  tho  Western 
Union  Telegraph  Company,  hereinafter  referred  to  ns  “  the 
company',”  whereby  it  had  been  agreed  that  all  such  oxpori 

13  nionts  should  bo  made  for  the  benefit  of  the  said  company, 
and  with  tho  use  of  tolographic  material,  apparatus,  opera 
tors  and  other  facilities  furnished  by  it,  and  that  all  the  in 
voutious  and  improvements  of  tho  character  above  named, 
which  should  result  from  such  experiments,  were  made  for. 
and  wore  to  bo  tho  property  of  said  company ;  nnd  thnt  from 
about  tho  winter  and  spring  of  1873  until  tho  spring  of  1874, 
the  said  Edison  had  been  at  work  upon  such  experiments! 
and  had  made  certain  of  tho  desired  improvements  nnd  in 
volitions  while  working  under  said  arrangement  with  the 
dofondant  compnny. 

14  During  tho  month  of  May,  1874,  Edison  solioited  this  de 
fondant  to  assist  him  with  his  skill  and  experience  ns  an 
electrician,  and  to  join  him  in  his  experiments  and  work 
under  his  agreement  with  tho  company,  and  offered  to  share 
equally  with  tliis  defendant  the  profits  to  bo  derived  from 
tho  inventions  nnd  improvements  inado under  sueli  arrange 
meat  with  the  company  and  otherwise :  nnd  it  resulted  from 


such  propositions  of  Edison  that  on  or  about  the  1st  day  ol 
Juno,  1874,  Edison  and  this  defendant  nerroed  tmwtW  ilmi 


20  discoveries  and  inventions  conneoted  with  duplex  and 
qimdruplox  and  other  inodes  of  multiple-  transmission ; 
and  during  this  period,  and  boforo  tho  nineteenth  day  of 
August,  1874,  had  invented  tho  so-called  quadrnplox  mode 
of  transmission,  and  all  tho  improvements  described  in  tho 
applications  Nos.  04  to  100,  botli  inclusive,  and  boforo  tbo 
thirtieth  day  of  September,  1874,  lie  furnished,  jointly  with 
this  defendant,  to  tho  company  all  necessary  drawings, 
descriptions,  and  specifications  for  experimental  or  practi¬ 
cal  use  by  it  of  apparatus  embodying  tho  said  inventions 
described  in  tho  applications  numbered  94  to  100,  both  in- 

21  elusive,  aud  particularly  tho  qimdruplox  invention  and  tlio 
improvements  described  in  application  No.  99,  and  with 
tho  full  knowledge  and  consent  of  said  Edison  put  them 
into  practical  use  on  its  lines  and  in  its  ordinary  business, 
ns  being  its  own  property,  and  such  machines  and  appara¬ 
tus  have  been  so  used  by  the  defendant  company  ovor  siuco 
that  time,  with  Edison’s  full  knowledge  and  consent. 

And  defendant  says,  upon  liis  information  and  belief, 
tlint  all  tho  inhttors  aforesaid  in  respect  to  tho  discoveries 
by  Edison,  and  tho  appropriation,  with  bis  knowledge  nnd 
consent,  to  tho  uso  of  tho.  defendant  company  of  tho  np- 

22  pnrntus  and  machines,  aud  tho  improvements  and  in  voli¬ 
tions  embodied  in  them,  ns  boforo  described,  were  well 
known  to  this  plaintiff  and  to  Gcorgo  Harrington  at  or 
about  the  dates  of  said  several  ovonts,  and  that  neither  of 
them  boforo  January  tho  twenty -third,  1875,  ovor  questioned 
or  claimed  anything  to  tho  contrary  of  Edison’s  or  of  de¬ 
fendant  company’s  right  to  do  ns  they  respectively  hnd 
done,  ns  aforesaid. 

And  the  defondant  further  says  that  after  his  dealings 
with  Edison  began,  in  or  about  May,  1874,  nnd  throughout 
that  year  to  its  end,  Edison  often  reiterated  the  nature  and 

28  terms  of  his  agreement  with  tho  defendant  company,  to  tho 
same  effect  as  is  sot  forth  in  folios  12, 13, 15  nnd  10  hereof; 
aud  after  tho  agreement  of  August  lOtli,  1874,  this  defend¬ 
ant  nnd  Edison  on  tho  one  part,  nnd  tho  defendant  com¬ 
pany  on  the  other  part,  always  denlt  together  on  tho 
understanding  nnd  basis  of  bucIi.  agreement,  nnd  at  nil 
times,  and  up  to  and  after  tho  20th  January,  1875,  it  was 
ngrecd  and  understood  by  this  defendant  nnd  Edison  on 
tho  one  pnrt,  and  tho  defondnut  company  on  tkoothor  part, 


transmission,  and  especially  of  tho  inventions  described  in 
tho  applications  Nos.  94  to.  100,  both  inclusive,  referred  to 
in  tho  ninth  nrtiolo  of  tho  complaint,  hnd  been  made  for 
and  belonged,  upon  their  making,  to  tho  defendant  com¬ 
pany,  and  that  Edison  was  bound  under  his  original  agree¬ 
ment,  and  this  defendant  was  bound  with  him  by  virtue  of 
tlioir  agreement  of  August  tho  nineteenth,  1874,  to  securo 
all  said  improvements  and  inventions  by  proper  instru¬ 
ments,  and  by  assignment  of  letters  patent  therefor,  when, 
procured,  to  tho  defendant  company.  2i 

*  And  this  boiug  tho  agreement  nnd  understanding  of  all 
tho  parties,  aud  there  being  no  point  undetermined  botwcon 
them  in  respect  to  said  inventions  and  improvements  and 
letters  patent,  except  tho  ascertaining  tho  prcciso  amount 
to  ho  paid  for  thorn ;  and  it  having  been  also  understood 
and  agreed  that  this  should  bo  ascertained  in  duo  time, 
either  by.  agreement  of  tho  parties,  or,  if  that  failed,  by 
arbitration,  on  tbo  tontli  day  of  December,  1874,  tho  said 
Edison,  and  about  tho  sixteenth  day  of  January^  1875, 


this  dcfcudnnt  asked  and  received  of  tho  defendant  c< 
pnnv  tho  respective  payments  of  ilvo  thousand  dollars  21 
each,  in  anticipation  of  tho  fixing  of  tho  definite  price 
aforesaid,  and  on  account  thereof,  nnd  then  severally  exe¬ 
cuted  and  delivered  to  the  dof  1  t  co  i  i  f  tlio  instru¬ 
ments,  copies  whereof  nro  horoto  annexed,  marked  Exhibits 

^ And  oil  tlio  sixteenth  and  thirtieth  days  of  December, 
1«7.1  H.i«  iinfnnilniit  niul  Edison  submitted  propositions  in 


1874,  this  defendant  nnd  Edison  submitted  propositions  u 
'  writing  ns  to  tho  amount  of  sueli  price,  copies  whereof  nr- 

hereto  annoxed,  marked  Exhibits  O  and  D  ;  and  tho  last  of 
said  propositions  remaining  .open  up  to  tho  19  th  of  January, 

1875,  and  tho  ngreomont  and  understanding  of  said  parties  27 
ns  to  tho  exclusive  right  and  ownership  of  tho  company  m 
and  to  all  tlio  inventions  nnd  improvements  tliorctoforo 
made  by  said  Edison,  connected  with  duplex  nnd  qundru- 
plex  telegraphy,  remaining  us  aforesaid,  on  said  19th  of 
January,  1875,  snid  coinpnny  nccoptcd  tbo  second  of  said 

•  ■“--I  by  tho  offer  of  December  30th,  nml 


,o  notified  this  defendant  and  Edison.  And  this  defendant 
ins  over  siuco  that  time  always  been  and  now  is  ready  to 


I ....  — 


28  make  nil  proper  anil  necessary  instruments  to  securo  tlio 
title  of  said  improvements  and  inventions  to  tlio  defendant 
company  in  virtue  of  its  said  agreements  with  Edison,  and 
witli  Edison  and  this  defendant. 

Twelfth— And  for  furthor  answer,  this  defendant  says 
that  Edison  had  full  power  and  right  to  mnko  the  agree¬ 
ments,  and  especially  the  agreement  of  August  19th,  1874, 
which  ho  did  make  with  this  defendant ;  and  that  neither 
at  that  date,  nor  n't  any  time  siuco  tlio  1st  January,  1873, 
did  nny  such  agreement  ns  that  referred  to  iu  tho  third 

29  article  of  tho  complaint,  or  plaintiffs’  Exhibit  A,  oxist  be¬ 
tween  Edison  and  Harrington ;  and  that  no  such  instru¬ 
ment  as  is  mentioned  in  tho  fourth  article  of  tho  complaint 
was  executed  by  Edison,  cither  to  fulfil  or  to  carry  out  such 
alleged  agreement  of  October  1st,  1870,  and  that  no  other 
agreement  between  Edison  and  any  third  person  forbailo  or 
invalidated  any  such  agreements  ns  Edison  made  with  this 
defendant,  as  herein  alleged. 

And  for  furthor  answer,  this  defendant  says  that  at  or 
before  tho  respective  times  of  tlio  making  of  tho  said  agree. 
80  meats  by  tliis  defendant  with  said  Edison,  ns  stated  in  tho 
eloventli  article  of  this  answer,  and  of  the  said  payment  of 
fees  and  monoys  by  this  defendant,  ns  hereinbefore  stated, 
and  at  all  times  before  tlio  20th  day  of  January,  1875,  this 
defendant  lmd  no  notico  whatsoever  of  tlio  agreements  or 
instruments  of  October  1,  1870,  and  April  4, 1871,  or  either 
Of  them,  alleged  in  tho  third  and  fourth  articles  of  tho  coin- 
plnint,  or  of  any  claim  by  the  said  Harrington  of  nny  right, 
title  or  interest  iu  tlio  said  inventions  or  any  of  them,  or  of 
any  other  agreement,  incumbrance,  assignment,  conveyance 
o-  or  instrument  whatsoever,  or  of  any  clnim  by  said  Harring¬ 
ton  whatsoever,  that  in  anywise  nfTected  the  said  rights 
and  interests  so  purchased  by  this  defendant  ns  aforesaid 
in  the  said  inventions,  or  any  of  them,  or  any  part  thereof, 
and  this  defendant  insists 'that  he  isa  Iona  fide  purchscr  of 
the  aforesaid  inventions,  pntent  rights,  interests  and  prism- 
•  ises  for  a  good  and  valuable  consideration,  and  without 
any  notice  of  either  of  said  alleged  instruments  or  agree¬ 
ments  botween  said  Harrington  nud  Edison,  or  of  any  clnim 


by  said  Harrington  of  any  right,  title  or  interest  in  said  82 
intentions,  rights  and  interests,  or  nny  of  them. 

0,0  alleges  that  neither  of  tho 

alleged  agreements  sot  forth  in  plaintiff#  Exhibits  A  mid 
knouts!!  ?  °r  °0V01'  BI,J'  inventions  or  improvements 
know  n  as  duplex  or  quadruples  systems  or  modes  of  trnus 
of  Hm'i’nvm  7  of  transmission,  orany 

!  !  improvements  described  in  tlioagreo- 

im  or  nuf'l  T' ’  mna°  by  E,US0"  Si"c° 

187J  or  any  of  thoso  described  in  tlio  applications  mum 

nrtbl  r  «  10°’ l,otU  incIusi™>  referred  to  iu  tho  ninth  88 

article  of  the  complaint. 

co3nS’dfsmi^0n,,ant  d°,nnml8  jndem°Ut  that  tb0 

POBTEE,  LOWEBT,  SOBEN  &  STONE, 

Mty'sfor  Deft,  Peescott. 


State  op  New  Tonic,  i 

City  and  County  of  Nt no  York,  j  ss'  S 

tors  ho  bolioves  it  to  bo  truo.  . 

GEOEGE  B.  PEESOOTT. 
Sworn  to  boforc  me,  this  2Sth  ) 
day  of  May,  1877,  .  / 

BANDOLMI  HintRY, 

Notary  Publia,  .  81 

N.  Y.  Co. 


§.  § .  Superior  Court 


Ur.5J.lW  70 


THE  ATLANTIC  AND  PACIFIC  TELEGRAPI 
COMPANY 


GEORGE  B.  PRESCOTT  AND  OTHERS. 


PIAIHTIEE’S  EXHIBITS. 


McDaniel,  lummis  &  soothed,  peg.  Ate™. 


non.  AVm.  Orton,  President, 

fsssisllii 

rs“= 

^r^AA.Emm. 


Washington,  D.  O.,  Jan.  2&,  1875.  124 

Geo.  B.  Pkesoott,  Esq., 

ajssessrs 

=SS8S£ says 

,  Respectfully,  ■ 

(Signed,)  Tups.  A.  Edison. 


\ 


Pinintiffif  Exhibit  K.,  April  93,  1X77. 

Of  Patents,  March  tl^iDce,of  •* 10  Commissioner 

title  ana  in  teres" whicli tlie?'tr^9^r?-r- "  ri,?1,,s’ 
]20  Edison,  might  tliei  lmve  S  m  li  f.^  ^amngton  and 
120  m  certain  hate  it  •iii.u  ' “ -7  E1.1.1.  thereafter  acquire, 
therein:  "fil'ts  and  inventions  ns  set  foil  It 

tion  of  tl'uf 'siim'hf^on)^?1!!^’  f?r  and  ln  considera¬ 
te  icceipt  'vhe."of9  s  ‘h’ n,I'-  t?™in  «  pnid, 
hereby  assign  triinsfm-n,  l,Dlx*t?3T,  acknowledged;''  do 
and  Pacifiiea!ohWan]  plf  ‘  ov?!;dilt°  the  Atlantic 
assigns,  any  and®  ]] PLh?s  i:?,”7’  1,8  successors  mid 
tion  to  Duplexand  ofu.lrl  “V®  and  interest,  iii  rela- 
127  J>  by  virtue  of  the  said  uh>HP®X  telegraphs,  which 
froin  the  said  Edison  nnd^hn'vl:,V®n,lt8’-acq.,,ir®d 
assignee  of  the  said  iww,  P  E-'d  •Cnrriiigtoii.  ns 
may  now  have  or  h eienff?,?.  ’  01  .e,t,!er  of  them,  and 
tors  Paient,  issued  or  io  hifC-<pilr“i 111  or  *°  a,IJ'  I->ot- 
venlions  ns  are  mentioned  hi  i?"®d-i01-  any  8,,ch  in¬ 
dents,  or  for  any  immoveinen  .0  Enld  written  instru- 
t'ons  nnd  in  or  to  My  e-i68n"  „”"  1,0  8»«1  inven- 

Company,  its  successors and’ a^ians®  ft  e‘v®  11,0  Eaid 

01  to  be  made,  and  for  nl/suoh^nPtn’  whether  wade 
as. may  be  necessary.  or  reauisi'tf”fA*  «'  aEslenments. 
.Vestmgm  the  said  Comphi^v  i  i  Sr' Ul?  Purpose.of 
120  SIenn?>  1,1,1  and  complete  P  s!!cce«01'8  and  -as- 
ondim^wyenierttiw^io^'l'M*?^1  Ellc.llinventions- 
said  written  instruments  if  exerciso  undw  the- 
been 'inode.  s'  11  V’ese  presents  had  not 


point  suchporson  as  it  may  select  as  the  attorney  for 
the  said  Harrington  and  Edison;  to  do  all  those 
;'“fE.and  act8  which  I  would  be  entitled  to,  under  130 
not  been  made0'1  lnst,'uments' if  tlle8«  presents  had 
dt  ls,  lloraby  understood  and  agreed,  that  these 
presents  are  subject,  on  the  part  of  the  said  Com- 
St  n„r„Ti'°ia("d®ig",s' t0  a11  tho  covenants, 

.nZttc0ontaab,ed:raitatl0n3  “  the  Said  writton  inatal 

nnft  whereof,  the  said  Jay  Gould  has  here¬ 

unto  sot  his  hand  and  seal,  and  tile  said  Company 
has -caused  these  presents  to  be  signed  by  its  Presi-  181 
>ts  corporate  seal  to  be  hereunto  affixed 
this  nineteenth  day  of  July,  1875. 

Jay  Gould,  rp.  s.l 

In  presence  of  • 

Olin  J.  Clausojt. 

19>  1875>  before  Olin  J.  Clau- 
son,  JS  cjtiiiy  T>ubhC.  Recorded  April  11,  1870  in 

^Patents  6  C6’  ^  LiberR  2°’  pase  5d'  of  !“"8 


IMniiillUV  Exhibit  V.,  April  S3,  1877.  132 

Know  all  men  by  these  presents,  that  whereas,  I, 
riiomas  A.  Edison,  of  Newark,  in  the  State  of  New- 
Jersey,  liave  invented  certain  improvements  in  Du¬ 
plex  Telegraplis,  for  which  I  have  executed.  or  am 
about  to  execute  applications  for  Letters  Patent  of 
the  United  States,  and  such  applications  are  numbered 
D4,  05,  00,  07,  08,  00  and  100,  and  are  dated  August 

19An8d  whereas,  I  have  invented  other  improvements 
in  Duplex  Telegaphs,  the  descriptions  and  models  of  13* 
which  have  been  lodged  with  L.  W  .  Sorrell  of  t  o 
City,  County  and  State  of  New-York,  for  the  pui- 
■pose  of  obtaining  patents : 

And  whereas,  lam  the  inventor  of  other  improve¬ 
ments  relating  to  Duplex  as  well  as  Quadiuplex 
Telegraphs,  for  both  of  which  I  am  about  to  make 
applications  for  Letters  Patent  :  • 

And  whereas,  Samuel  M.  Mills,  of  the  City  of 
Brooklyn,  in  the  State  of  New-York,  is  desirous  of 
purchasing  from  me  all  tlio  right,  title  and  interest  134 
which  I  have  in  or  to  tho  said  inventions,  or  winch  I 
may  hereafter  have  in  and  to  other  inventions  re  la- 
ting  in  any  manner  to  Duplex  and  Quadruplex  lele- 
graphs,  in  consequence  of  the  grant  of  Letters  I  atent 
therefor,  or  of  any  inventions,. or  improvements 
relating  thereto,  or  hereafter  to  bo  made  by  me,  or  m 
which  I  may  hereafter  have  any  interest  whatever : 

Now  I,  the  said  Thomns  A.  Edison,  in  considera¬ 
tion  of  thesumof  thirty  thousand  dollars  to  me  in 
hand  paid,  the  receipt  of  which  I  hereby  duly  no-  135 
knowledge,  have  sold,  assigned,  transferred  and  set 
over,  and  by  these  presents  do  s-11,  assign,  transfer 
and  set  over  unto  the  said  Samuel  M.  Mills,  his 
executors,  administrators  and  assigns,  all  the .  right, 
title  and  interest  which  I  have  ill  and  to  all  the  said 

inventions  or  improvements,  and  in  and  to  all  otliei 

inventions  and  improvements  re  ating  in  any  way 
either  to  Duplex  or  Quadruplex  lelegraphs.  and  all 
right,  title  or  interest  I  may  now,  or  may  l  ei  eaf ter  - 

have  in  or  to  any  Letters  Patent  for  any  suoh  mven-  130 
tions  or  improvements,  and  in  or  to  nny 
extensions  of  the  same  or  nny  of. them,  io  have  and 
to  hold  the  same,  to  tile  smd  Samuel  M.  Mills.  ms 


187  their  own  use  and  behoof,  to  the  full  end  oE  the  term, 
ns  well  nB  renewals  thereof,  for  which  the  said  Letters 
-.  Patent  have  been  or,  may  hereafter  be  granted,  ns 
fully  and  entirely  ns  the  same  would  have  boen  held, 
and  enjoyed,  or  could  be  held  and  enjoyed  by  me, 
had  this  assignment  and  sale  not  been  made.  And  I 


— .  my  right,  ti  _ _ _ _ 

the  said  inventions  or  improvements,  for  the  sole  use 
and  behoof  of  himself  and  his  legal  representatives. 

I  hereby  further  covenant  and  agree,  that  this 
188  assignment  shall  cover  and  inolude  nil  letters  patent 
granted,  or  to  bo  granted,- in  and  for  foreign  countries! 
ns  well  as  the- United  States,  arid  all  inventions  or 
improvements  which  may  hereafter  be  made  thereon 
or  relating  thereto,  as  well  as  all  extensions  and  re¬ 
issues  of  any  such  Letters  Patent  in  .the  said  United 
States  and  nil  foreign  countries. 

And  I  hereby  covenant,  that  I  have,  not  manu¬ 
factured,  used  or  sold  or  granted  licenses,  or  the 
right  m  anyway,  to  any  other  party  or  pnrties  to 

manufacture,  use  or  sell  any  of  tile  said  inventions, 

or  any  improvements  tliereof,  or  any  machine  era- 
18u  bodying  or  article  containing  any  of  said  inventions 
'or  improvements. 

And  the  said.  Samuel  M.  Mills,"  for  himself,  his 
executors,  administrators  and  assigns,  hereby  cove- 
nants  and  agrees,  that  lie  will  from  time  to  time,  as 
ho  receives  the  same,  pay  to  the  saidUdison,  his 
executors,  administrators  and  assigns,  one-half  of  all 
sums  of  money  which  lie  may  hereafter  realize  for  the 
granting  of  licenses  of  the  said  patents,  or  the  sale 
United  StiSes>ateilt8,',Otit®id0' tUo  iurisdictio11  ot  the 
1  hove; hereunto  sot  my  hnnd 
hundreli  andSseveidy^Hve^nnUaiy’  °n°  *'*loustln^ 
Thomas  A.  Edison,  . 

;  By  Jay  Gouj.d, 

Attorney. 


Eeoorded  in  Patent  Office,  April  10, 1870,  in  Liber 
-  •  18>  P“go  348,  of  Transfers  of  Patents. 


J 


piniuiios1  Exuiiiit  in.,  Apiir  es,  is.w. 

Know  all  men  by  these  presents,  thatwherens  one 
Thomas  A.  Edison,  of  Newark,  in  the  Stpto  of  New- 
J.ereey,  line  invented  certain  improvements  in  Duplex 
Telegraphy,  for  .which  lm  heretofore  executed  or  was 
about  to  execute  applications  fpr  Letters  Patent  of  the 
United.  Stntes,  such  applications  being  numbered  04, 

00,  00,  07,  08,  00  nnd  100,  nnd  dated  August  10, 1874: 

And  whereas,  he  lias  invented  other  improovements 
.in  Duplex  TelegrapliB,  the  descriptions  nnd  models 
pf  which  have  been  lodged  with  L.  W.  Serrell,  of  the  143 
City,  County  and  State  of  Nuw-York,  for  the  purpose 
of  obtaining  pntents : 

And  whereas,  he,  is  the  inventor  of  other  improve¬ 
ments  relating  to  Duplex  as  well  ns  Qundruplcx  Tele¬ 
graphs,  for  .both  of  which  he  proposed  to  make  ap¬ 
plication  for  Letters  Patent: 

And  whereas,  I,  Snmuel  M.  Mills,  of  the  City  of 
Brooklyn,  in  the  State  of  New-York,  did,  on  the  sixth 
(0th)  dny  of  January,  1875,  purchase  from  the  said 
Edison  nil  ilia  right,  title  and  interest  in  nnd  to  all 
Eaid  inventions  and  improvements,  and  in  and  to  all 
ptlier  inventions  and  improvements  relating  in  any  143 
way  Jo.  Duplex  or, Quaarnplex  Telegraphs,  as  will 
more  fully  appenr  by  ;tlie- assignment  to  me  by  the 
said  Edison,, exeoiited  on  the  said  sixtli  dny  of  Janu¬ 
ary,  1875:  J 

And  whereas,  the  Atlantic  nnd  Pacific  Telegraph 
Company  has  agreed  to  purchase  from  mo  all  my 
said  right,,  title  and-  interest : 

Now  I,  tlio  said  Samuel  M.  Mills,  in  consideration 
of. the  sum  of  thirty,  thousand  dollnrs  to  mo  in  hand 


.  „  sse  preseiits.do  spil,  assign,  transfer  and  set  144 
oy,er.tp,the  said  Atlantic. and  PaeilieTelegmpli. Com¬ 
pany, -its  successors  and  assigns, '.aiUithe.  right-,  .title 
and  interest  which  I  lmye  in  ,nnd  to  all  theisnjd-  in- 
yentipn  or  improvements,  and  ;in,  and  to  -all  other 
inventions  nnd  improvements  relating;  in  any  way 
either  to: Duplex  .or, ..Quadruples  Telegraphs,  and  nll 
right,  title  nnd  interest  I  may  now,  or  1  or  the  said 


145  Edison  may  hereafter  have  in  or  to  any  Letters  Patent 
lor  any  such  inventions  or  improvements,  and  in 
or  to  any  re-issues  or  extensions  of  the  same,  or  any 
of  tliern.  To  have  and  to  hold  tiie  same,  to  the  said 
Atlantic  and  Pnc|hc  Telegraph  Company,  its  succes- 
sors  and  assigns  for  its  and  theirown  use  and  behoof, 
to  the  full  end  of  the  term,  as  well  as  renewals 
thereof,  for  which  the  said  Letters  Patent  have  been 
or  may  hereafter  be  granted,  as  fully  and  entirely  as 
the  same  would  have  been  held  and  enjoyed,  or 
*°“ld  b<V‘e,,d  an.d,  enjoyed  by  me,  had  this  assign- 
140  n  and  ?al?  not  b®on  mad<!-  ^nd  I  hereby  request 

nmlC?"in-V-SS,M.nf  of  ^atents  to  issue  to  the  Atlantic 
and  lacihc  .telegraph  Company,  as  my  assignee, 
and'io  “  .'ny  title  and  interest  in 

and  to  the  said  inventions  or  improvements  for  the 
sole  use  and  behoof  of  itself,1  its  successors  and 


I  hereby  further  covenant  and  agree,  tlint  this 
eSIl’m11.8  'in  C°V?  includ0  a11  letters  Patent 
granted  01  to  be  granted  in  and  for  foreign  countries 
nmvomaS.tbe  ,^n,Ucd  Sta,t<-‘s' and  nil  inventions  or  im- 
clat  I  n,)Vtn  C?l  n  llul“tler  be  mado  thereon  or 
147  of  n  v^nl  h  f  .’,  . as  al  extullsio''s  and  re-issues 

and'a?lSforaign  countries"1 11,0  UllUed  S,ate 
fured^usecl'n'e  e  <j°vunanti  that  I  have  not  manufac- 

•  u»A7  oVtrixs'ass 

movements0  aminK  a"y  °£  Baid  i,lv<-‘,,tions  orta® 

>«  »X74aT„X;n"“'  ” 

And  the  said  Atlantic  and  Pacific  TnWmnli 
Company,  for  itself,  its  successors  and  Sns 
or?bynC°V°n-ft8  aad  aBrees.  tl'nt  it  will,  from  time 

Thomas’  A.8Edisont'his  executoref'aclinmistratorslind 

tbe'ju risdicUorr  of  tlfo  United  St^!s  £,ntent8’  outs'de 
In  witness  whereof,  I  have  hereunto  set  my  hand 


UNITED  STATES  PATENT  OFFICE. 
Thomas  A.  Edison,  of  New  auk,  New-Jekse 

ASSIGNOR  TO  HIMSEI.F  AND  GEOUOE  IIaHUINOTO 

of  Washington*  District  of  Columbia.. 
Improoemcnt  in  Duplex  Chemical  Telegraphs. 

Specification  forming  part  of  Letters  Patisi 
No.  100,843,  dated  November  17,  1874.  Appi 
oation  filed  March  13,  1873. 


To  all  whom  it  may  concern  : 

Bo  it  known,  Hint  I,  Tlioinns  A.  Edison,  of  Newark, 
in  the  County  of  Essex  and  State  of  Now-Jorsoy,  102 
have  invented  an  improvement  in  Circuits  for  Cliomi- 
cnl  Telegraphs,  of  which  tlio  following  is  a  specifica¬ 
tion  : 

Tlio  object  of  this  invention  is  to  transmit  two  dis¬ 
patches  over  tlio  snmo  wire  at  tlio  samo  time,  by  tele¬ 
graphs  employing  perforated  transmitting  paper  and 
chemicnl  receiving  paper. 

I  make  use  of  apparatus  for  transmitting  by  per¬ 
forated  paper,  and  receiving  tlio  mossages  on  ohomical 
pnpor  at  the  respective  ends  of  the  lino,,  and  employ  103 
.bnttorios,  resistances  and  connections-  arranged  in 
suoh  a  manner  tiiat  the  ofloot  of  tlio  traiismittuig 
battery  shall  be  neutralized  upon  tlio  receiving  m- 
.strumout  at  tlio  snme.oud  by  ail. -equalization  of  ten¬ 
sions,  and  the  rooeivor  shall  bo  at  a  point  wlioro  the 
tension  is  oqunl  to  all  tiio  olootrio  ourronts,  oxoopt  to 
•  that  current  which, ooinos  from  tlio  distant  station. 

;>  In  the  diagram,  d-e.  are  tlio.  receiving,  and  0-c.  the 
transmitting  instruments,  m.  n.  nro  tlio  inniu  batteries. 

-  and  v., are  .two  bnttorios  in  f.he,.shuut-oirouit  16* 
opposing  oaoli  other,  and  produoing  no  olleot  upon 
.tlio receiver.  :  .  -r  ...  , 

w.:x.  are  bnttorios  operating  similar  to  u.  o. 

.  /•  0- ,  are  resistance  ooils,  to  inorease  .and  doorenso 
the  lengtli  of  tlie  shunt-oirouits. 


It.  i.  mo  resistance  coils  of  Hourly  the  resistance  of 
the  line.  • 

*'•  I.  are  the  ground  plates. 
o.  p.  are  the  double  contact  springs,  one  spring  o. 
cutting  off  or  “short  circuiting”  the  battery  x.,  and' 
the  other  spring,  p.,  placing  the  main  bultcrv,  n., 

upon  the  line.  . .  . 

'Ihis  innin  battery  current  divides  at  d.,  part  going 
on  the  hue  and  part  to  the  ground  ;  this  routo  6r 
negative  of  the  battery,  through  the  resistance  •/.,. 
being  in  faclnn  artificial  line,  it  being  well  known  that- 
a  battery  will,  supply  several  lines  with  an  undi- 
ifin  quantity  of  electricity,  and  that  the  addition 

too  ot  a  line  decreases  the  total  resistance  or  the  battery’s, 
circuit,  and  produces  an  extra  amount  of  electricity- 
to  obtain  tlio  transmission  of  two  messages  over 
ne  same  wire  at  the  same  instant,  it  is  only  necessary 
Unit  no  effect  shall  be  obtained  upon  tlio  receiving 
instrument  by  the  putting  on  of  the  sending  battery 
at  the  same  station.  , 

I  will  now  describe  how  I  produce  this  effect : 

W  hen  the  paper  of  the  message  to  be  transmitted 
107  n'r,!''  "1''11  !he  l,°,,,1,ct  springs  tj.  r.  and  tlio 

ilium  6.,  no  current  passes  upon  the  line,  a  ' 


mid  (lie 


being  balanced  within  the  slinnt- 


n  current  ceming  from  a  distant  station  passes  d 
l  mli  l'.  Q  ii :lml  1180  i.1i10uk'1  tlio  receiver,  d., 
piodnccs  the  message  in  the  usual  manner. 

supposing  no  current  from  the  distant  station  was 
S  jS  felt  upon  the  receiver,  d„  mid  it  is 
10  H""?1"11 «  current  to  the  distant  station 
108  S’ftWilwoaueuig  airtiffect-upori  said  receiver,  d., 
1 7  ?Sra®c-' olMP ns follows : 

v\  lien  the  contact  splines  q.  r.  are  in  metallic 
tionlnl|hi,^  t'le M™"1’  o’  by  into  a  perfoia- 

Ctm  ent  fr 1  b?ln.e  *1,row,< .  over  siiid  dram,'  the 

.  wmiW  Passage  of  the  current  through  the  receiver 
leoJtlmt  in  a  lnrge  ?alkat  ,lie  receiver,  were  it  hot 
uaced  nl  i6?ime  tlme  tlmt  the  contact' spring  n 
e  bntteiy.OTj  upon: the  line" the- spring <?. 
n  bnt,cly  wf>ich  hath,  been 

opposing  the  battery  v.  iii  the  shunt-;  hence  allowing 


said  battery  it.  to  have  freo  action,  and  the  current 
from  this  battery  thus  set  free  acts  in  a' contrary 
direction  through  the  receiving  instrument  d.  to  that  100 
of  the.  battery,  m.,  and  by  means  of  a  switch  for 
putting  in  ana  out  more  or  less  cups,  the  power  of  the 
batteries  m.  and  it.  are  neutralized  on  the  chemical 
paper  at  d. ;  consequently  no  effeotis.producedattlie 
receiver  d.,  wlien  the  battery  m.  is  placed  oil  tlio  line. 

Of  course,  while  the  battery  m.  is  oil,  if  a  current 
from  the  bnttery.  Jt.  is  .sent  over  tlio,  line,  it  records 
itself  in  the  usual  manner  upon  tlio  cliemicnl  paper 

I  claim  as  my  invention :  The  local  batteries  u.  and  101 
i>.  or  io.  and  x.  in  a  shunt  from  the  main  lino  and 
opposing  each  other,  and  a  connection  between  them 
to  the  transmitting  or  receiving  instrument,  in  com-  . 
bination  .  with  .the  main  batteries,  resistances  and 
circuits  arranged  substantially  as  and  for  tlio  pur¬ 
poses  set  forth. 

Signed  by  me,  this7th  day  of  March,  A.  D.  1873. 

Thomas  A.  Edison. 


T.  A.  EDISON. 

Duplex  Chemical  Telegraphs. 


Patentod  Nov.  17, 1874 


Pub  United  States  of  America,  to  am.  to 

WHOM  THESE  PRESENTS  SIIAM.  COME: 

Whereas,  Thomas  A.  Edison,  of  .Newark.  ISew- 
Jorsey,  has  presented  to  the  Commissioner  of  l  stems 
a  petition,  praying  for  the  grant  of  Letters  l1 ’atont  tor 
an  alleged  now  and  useful  improvement  in  Duple 
Cliemical  Telegraphs,  (lie  having  assigned  lus  ngiu, 
title  and  interest  in  said  improvement To  himself  an 
George  Harrington,  of  Washington,  pistnet  ot 
lumbin,)  a  description  of  which  invention  is  continue 
in  the  specitication,  of  which  a  copy  is  hereunto  an¬ 
nexed,  and  made  a  part  hereof,  and  has  conipiiea 
with  the  various  requirements  of  law,  in  such  cases 
made  and  provided ;  and  '  " ,  '  : 

Whereas,  upon  duo  examination  mnde,  tlio  siuu 
claimant  is  adjudged  to  be  justly  entitled  to  a  patent 
under  the  law  :  . 

Now,  therefore,  those  Getters  Patent  are  to  grant 
unto  tile  said  Edison  and  Harrington,  their  heirs  or 
assigns,  for  the  term  of  seventeen  years,  from  tlio  - 

seventeentli  day  of  November,  one  thousand  eiglit 

hundred  and  seventy-four,  the  exclusive;  right  to 
make,  use  and  vend  the  said  invention  throughout 
tlio  United  States  and  the  territories  thereof. 

In  testimony  whereof,  I  have  hereunto  sot  my 
hand  and  caused  the  seal  of  the  Patent  Office 
to  be  affixed  at  the  City  of  Washington,  this  • 
seventeenth  day  of  November,  in  the -year 
[t,.  s.]  of  our  Lord  one  thousand  eight  hundred 
and  seventy -four,  and  of  the  ^Independence 
of  the  United  States  of  America,  the  ninety- 
ninth. 

B.  B.  COWBN, 

3  Acting  Secretary  of  the  Inter  lor. 

Countersigned, 


Ofhvii/Sv 

ifflotnad  d.  <§Mhm' 


46 


Kxliibit  O. 

THE  QUADKUPLEX  PATENTS  CASE.  107 
Commissionku’s  DhoiSiox. 

Thomas  A.  Edison,  Question  of  Title. 

[In  tho  matter  of  the  applications  of  Thomas  A..Edi- 
son,  Assignor,  etc.,  Nos.  04,  05,  00,  07,  08,  00  and 
100,  for  Letters  Patent  for  alleged  “  Improvements 
in  Duplex  Telegraphs,”  tiled  September  1,  1874. 
Decided  March  20,  1870.] 

TjiACiiKit,  Commissioner. 

■  Prior  to  the  filing  of  these  applications,  the  follow- 
ing  assignment  was  sent  to  the  Patent  Olfice,  and  re¬ 
corded  August  20,  1874,  in  Liber  K.  18,  p.  02,  Trans¬ 
fers  of  Patents. 

Assignment,  Edison  to  Prescott,  dated  August 

10th,  1874 . 

Here  follows  the  agreement,  Exhibit  F. 

i  ,  In  accordance  with  the  assignment,  the  application 
was  entered  in  the  office  as  made  by  “Thomas  A. 
.Edison,  assignor  of  one-half  his  right  to  Gcorgo  B.  . 
Prescott,  of  Now- York  City,”  and  under  the  usual  100 
practice  of  the  Patent  Office,  tho  patents  would  lmvo 
been  issued  in  accordance  with  the  request  contained 
in  the  assignment  to  Edison  and  Prescott,  as  assign¬ 
ees  of  Edison. .  Before  the  examination  of  the  ap¬ 
plications  had  been  completed,  George  Harrington 
presented  to  the  Commissioner  of  Pntents  n  petition 
bearing  date  Jnnuary  23,  1875, .  praying  that  the 
patents  might  issue  to  Edison  .and  Jiimself,  as. as¬ 
signee,  of  the  former,  on  the  ground  that  the  follow¬ 
ing  assignment,  recorded  May.  0,  1871,  Liber  U.  13,  170 
■p.-412,  Transfers  of.  Patents,  conveyed  to  him  an  in- 
erest  in  these  inventions. 

Here  follows  agreement  of  April  4th,  1871. 

Abetter  of  even  date  with  this  petition  was  also  re- 
.'ccived’froin  Edison, vstating  that  the  assignment  to 
Prescott  was  made  under  an  erroneous 'impression, 
and  requesting  llie  issuu  of  the  patents  to  Harrington 
and  himself. 


171  The  issue-  before  the  Commissioner  is,  to  whom 

171  slmll  the  patents  be  granted?  In  detmnnm.pg  Hub 

question,  the  Commissioner  must  be  guided  entirely 
by  tlie  record.  He  has  not  the  authority  of  a  court 
to  consider  evidence  outsido  the  record  ns  to  out- 
stnnding  equities.  The  only  question  that  he  can  tie- 
cido  is,  who  on  the  record  possesses  the  legal  title  to 
these  inventions  ?  He  must  issue  the  patonts  nccoi d- 
ingly,  if  the  requirements  of  tlie  oflice  insiu.li  cases 
provided,  have  been  complied  with.  . 

172  ;  In  tlie  investigation  of  this  matter,  I  have  t'ornc-  to 
the  conclusion  that  it  is  not  necessary  for  the  Com¬ 
missioner  to  determine  whether  tlie  assignment  fiom 
Edison  to  Harrington,  dated  April  A,  1871,  covers 
these  inventions  or  not.  However  this  question  maj 
be  decided  linally,  there  is  no  evidence  that  the  in-  . 
ventions  described  in  these  applications  were  in  ex¬ 
istence  at  tlie  time  this  instrument  was  executed,  it 
is  hot  even  claimed  by  Harrington  that  they  were. 

He  simply  says  that  there  is  no  evidence  that  they 

173  were  not  then  in  existence.  But  in  a  Court  of 
Equity,  one  of  tlie  first  requirements  niadeof  Harring¬ 
ton  would  bo  to  prove  ailifinatively  that  Edison  had 
perfected  these  inventions  when  lie  oxecuted  the 
assignment  of  April  4,  1871.  In  the  absence  of  such  . 
proof,  the  probabilities  must  guide.  These  aie  all.- 
against  the  existence  of  the  inventions  at  that  time. 
'Hie  applications  wero  iiled  more  than,  threo  years 
after  the  date  of  tlie  assignment.  'J’lfe  lirst  record 
made  by  Edison  in  tlie  Patent  Ollico  in  any  way  con- 

ill  ncctod  with  these  inventions,  was  some  tune  in  1878, 
when  lie  tiled  his  lirst  caveat  relating  to  duplex  tele¬ 
graphy.  It  is  also  worthy  of  notice  in  this  connec¬ 
tion,  that  Edison  is  a  very  fertilo  inventor,  as  the 
great  number  of  patents  obtained  by  him  within  the 
last  few  years  conclusively  shows. 

The  present  applications  oxtond  a  series,  com¬ 
menced  not  long  ago,  to  the  number  of  one  hundred. 

It  must  be  remembored,  too,  tliat  thoro  has  been  great 
activity  in  inventions  relating  to  telegraphy  for  it 

175  number  of  years  past,  and  sharp  competition  has 
existed  between  inventors  of  various  improvements. 

It  is  incredible,  under  these  circumstances,  that  an 
inventor  like  Edison  should  allow  such  valuable  im¬ 
provements  to  lie  threo  or  four  years  after  completion 
without  applying  for  patents.  In  the  absence  of 
positive  evidence  on  this  point,  I  must  follow  .the 


presumption,  which,  in  this  instance,  is  so  strong  as  176 
to  amount  almost  to  ft  certainty,  tliat  the  inventions 
described  in  these  applications  wore  not  in  esse  when 
tho  agreement  was  made  between  Edison  and  Hai- 
rington.  Admitting,  then,  that  this  deed  inc  udes 
those  inventions  in  unmistakable  terms,  no  legal  title 
in  them  passed  thereby  to  Harrington.  Tho  instra- 
ment  has  tho  force  only  of  nil  executory  contract, 
(Gibson  ost  OaokXBlatchf.  144.  Curtis  on  Patents , 

4tli  Ed.,  sec.  183,  note  2,  p.  200.)  ,  ...  .« 

Tho  legal  title  to  these  inventions,  then,  was  en-  177 
tirelv  in  Edison  at  tho  time  he  executed  the  assign¬ 
ment  to  Prescott,  and  he  alone  had  the  right  to 
convey  any  interest  in  tho  inventions  or  patents 

S™'ldsl right  ho  exercised  with  all  due  formnhty 
when,  in  1874,  I10  convoyed  an  entire  half  interest  m 
the  inventions  to  Prescott;  whether  tins  w  done.ir 


assignee  of  Edison,  and  upon  tho  execution  or  u  e  ua 
assignment  in  1874,  Edison  and  Prescott  became  the 
nossossors  of  tho  legal  title  to  the  entire  inventions. 

'  ?his  conclusion  is  controlling  in  effect,  for  Edison  is 
estopped  from  contradicting  lus  deed  of  a  gnment 
to  Prescott.  It  is  hardly  necessary  to  cite  authorities 
on  this  point,  and  I  will  only  refer  to  Van  Kensselaei 
ai,  Kearney  et  at,  11  Horn  207,  and  Bowman  vs.  ■ 
Tavlor.  1  Webster's  Patent  Cases,  292. 

■ft  mav  bo  aliened,  however,  that  the  same  dootrine 
shouldKppli°a  to  the  deed  of  Edison  toHan-mg-  179 
ton  of  1871,  and  that  then  the  rule  that  an  estoppel 
ngainst  an  estoppel  settuth  the  matter  at  laige 
woukl  operate.  But  an  estoppel  arises  alone  upon 
a  recital  of  ft  particular  fact.  Speaking  of  a  moit- 
rrnrro  deed  “There  is,”  said  Lord  Tenderden,  de- 
fivering  the  judgment  of  the  Court  in  Doe  d.  Jeffrey  s 
BUoknell  2°S.  and  Aid.  278,  “a  want  of  that 
ceitainty  of  allegation  which  is  necessnry  to  make  it 

il"Lord'?Ioit  lays  it  down  in  Salby  vs.  Kidleyrl.  18b 
Show;  that  “general  recital  is  not  an.  estoppe, 
though  recital  of  a  particular  fact  is.  (Doe  Vf. 
Oliver;  2  Smith’s  Leading  Cases ,  Haied  Wallace  s 

JVThe  deeddn 'question  loes  hot  point  ouh  edj1^'  hy  • 
recital  or  description;  any  particuliu  invention  01 
patent 


,81  It  is  vngueinits  terms  an*  executory^  Us  nature, 

"  and,  for ^ffil^SSSot  to  considered  na  arising- 
thereupon.  (Doe  «s.  igh t'  rest  here,  I 

formalities  have  been  o“s™ta\0  iB9U0  to  Edison 

must  necessarily  orda  the  pntm  t  8trongiy  con- 

and  Prescott.  But  1  am  si  j  beneve,  that- 

firmed  in  this  opimon  by ‘be  inc^,  ^  the  inven. 

182  Prescott  is  the  owner  of  s  ®"£n  tQ  th0  Harrington 

tions,  whatevei  ^effect  ma^b S ,all  hereafter  carve- 

give  it  to  Harrington,  tlm  deed  °t  ^  i£  thfl 

'  fvill  still  take  f'S/lSoa  Vendors,. 

fSxvs 

interes™^emaining^d^^Edistm,^r^wlietlier  the  terms-  . 

and  condition  of  the  gmnt  one_iinl£  Edison’s  re- 

5S& 

uhe  "observed  as*  wiU Authorize  the  Commissioner  to- 

Se  I  see  no  reason  wCtever  for  departing. from 

decision8  by  ?uS?lSta^'  invalidating  paten| 
thus  granted,  I  think  tlio  Commissioner  should 


follow  the  practice  which,  so  far  ns  my  knowledge  180 
-extends,  lias  never  been  questioned  heretofore. 

The  applications  are  remanded  to  the  principal 
Examiner,  and  when  ready  for  issue,  the  patents  will 
be  granted  to  Edison  and  Prescott,  assignees  of 
Edison. 

(Signed,)  J.  M.  Tiiaoiiek, 

Commissioner  of  Patents. 


From.  “ The  Telegrapher,”  N.  Y.,  Sat.,  AprflW,  1808.  187 
Edison’s  Double  Transmitter. 

By  irnmns  of  this  ingenious  niTnngemeht,  two 
communications  mgy  be' transmitted  in  opposite  di¬ 
rections  nt  tlie  same  time  on  a  single  .wire. 

This  result  is  accomplished  by  the  use  of  rheostats, 
and  the  neutralization  of  the  effect  of  current  from 
the  transmitting  station  npon  the  receiving  instru¬ 
ment  at  the  same  station. 


In  the  diagram,  two  stations  are  represented,  with  188 
the  necessary  instructions  for  working  in  this  man¬ 
ner.  M.  N,  and  M.’  N.'  are  line  wire  lieiices  of  the 
usual  construction,  placed  opposite  to  each  other. 

K.  and  K.‘  are  the  transmitting  keys  arranged 
to  close  two  circuits  at  the  same  time,  ns  shown  in  the 
diagram. 

R.  R.'  and  X.  X.'  are  adjustable  rheostats  or  resist- 

S.  and  S.'  are  retracting  springs,  whose  tension  is 
adjusted  according  to  the  strength  of  the  main  line  I8f> 
current. 

The  arrangement  of  the  wires  may.  be  readily  seen  • 
by  reference  to  the  diagram.  The  rheostats  R.  R,‘ 
when  both  in  circuit,  should  oflFer  such  a  resistance 
that  the  main  line  .current  will  not  be  of  sufficient 
strength  to  overcome  the  tension  .of  -.the  springs  and 
work  the  instruments. 

Tho  resistance  at  X.  is  made  equal  to  that  of  the 
main  line  T.  n/l/wi  i„  ti,„t  „r  n,„  w  ■  — ,n  n.„ 
resistani 
JW-R. 

By  inspection  of  the  diagram,  it  will  be  seen  that 
when  the  instrument  is  nt  rest  there  will  .be  a  con¬ 
stant  current  over  the  line,  passing  through  battery 
B.,  rheostat  R.,  helix  N.,  line  L.,  helix  N.‘,  rheostat 
R.1  and  battery  B.',  but,  as  above  stated,  owing  to  the 
resistance  of  the  rheostats  R.  R.1  it  will  bo  insufficient 
to  affect  the  instrument. 

Now,  if  the  key  nt  K.  bo  closed,  the  rheostat  nt  R. 
is  cut  out,  and  the  current  on  the  main  line  is  in-  ini 
creased,  say  CO,  passing  through  the  helix  N. 

At  the  same  time  a  current  of  equal  strength  passes 


through  the  other  helix  M.  and  the  rheostat  X., 
the  resistance  to  this  ourrent  being  equal  to  that  via 
L.  and  R.1,  therefore  tile  effect  upon  the  armature  of 
tlie  relay  M.  N.  at  the  transmitting  station  will  be  null. 

Suppose  tlie  tension  of  the  springs  S.  and  S.'  to 
equal  20,  tlie  armature  of  tlie  relay  M.‘  N.'  will  be 
drawn  towards  N.‘  with  a  force  of  50,  less  the  ten¬ 
sion.  (20)  of  tlie  spring  S.‘,  there  being  no  current 
through  M.' 

•  If  now  tlie  key  at  K.1  be  also  closed,  the  main  line 
current  is  increased  to  100  by  the  cutting  out  of  tlie 
second  rheostat  R‘ ;  but  the  effect  of  the  additional 
current  of  50  is  neutralized  at  M  *  N.‘,  as  in  the  former 
case.  The  current  through  N.  will  now  be  100,  while 
that  through  M.  remains  at  50  ;  therefore,  the  arma¬ 
ture  will  be  attracted  towards  N.  with  a  force  of  80, 
(100  less  tlie  attraction  of  M.,  which  is  50,  and  the 
tension  of  the  spring  S.,  which  is  20,)  and  will  remain 
attracted  as  long  as  the  key  at  K.‘  remains  closed. 

If  the  key  K.  bo  now  opened,  the  current  in  the 
helix  N.  is  reduced  to  50,  and  that  in  M.  to  nothing, 
and  tlie  difference  being  the  same  as  before,  the  relay 
remains  closed. 

Blit  tlie  current  at  N.1  also  being  reduced  to  50, 
while  that  in  the  M.‘  remains  at  50,  as  before,  the  two 
attractions  neutralize  eacli  other,  and  the  spring  S.1 
draws  back  the  armature. 

Thus,  it  will  be  seen  that  the  writing  from  the  key 
K.  will  only  affect  the  relay  M.‘  N.1,  and  vice  versa. 

Localcircuitscan  bo  attached  to  the  keys  for  con¬ 
venience  in  writing,  or  a  key  and  a  sounder  may  bo 
placed  in  a  local  circuit,  and  the  lever  of  the  sounder 
made  use  of  to  work  the  main  circuit  instead  of  the 
key,  as  shown  in  the  diagram.  . 

A  repeater  may  also  be  arranged  to  work  on  this 
system  if  required. 

The  inventor  of  this  arrangement  is  Mr.  Thomns 
A.  Edison,  of  the  Western  Union  Telegraph  Office, 
Boston.  Mass. 


CASE  No.  94. 


106 


To  the  Honorable  Commissioner  of  Patents  : 

Your  petitioner,  Thomas  A.  Edison,  ot  Newark, 
in  the  County  of  Essex,  and  State  of  New-Jersey,  . 
prays  that  Lotters  Patent  may  be  granted  to  him  for 
the  intervention  of  an  improvement  in  Duplex  Tele¬ 
graphs,  set  forth  in  the  annexed  specification. 

And  further  prayB  yon  will  recognise  Samuel  W. 
Serrell,  of  the  City  of  New-York,  N.  Y.,  as  his  at-  1 
torney,  with  full  power  of  substitution  and  revocation 
to  prosecute  this  application,  to  make  alterations  and 
amendments  therein,  to  receive  the  patent,  and  to 
transact  all  business  in  the  Patent  Office  connected 
therewith. 

Tnos.  A.  Edison. 

New-York,  N.  Y.,  Any.  19 Ik,  1874. 


On  this  nineteenth  day  of  August,  in  the  year  one 
thousand  eight  hundred  nnd  seven ty-four,  before  the 
subscriber,  a  Notary  Public  in  and  for  said  State, 
personally  nppeared  the  within  named  Thomas  A. 
Edison,  nnd  made  solemn  oath  that  lie  verily  believes 
himself  to  be  the  original  and  first  inventor  of 
the  within  described  improvement  in  Duplex  Tele¬ 
graphs,  and  that  lie  does  not  know  and  does  not  be¬ 
lieve  that  the  same  was  ever  before  known  or  used,  109' 
and  that  lie  is  a  citizen  of  the  United  States. 

Tiros.  A.  Edison. 

Sworn  to  before  me  the  day  1 
and  year  above,  written.  ( 

Ciias.  H.  Smith, 

[seal.]  Notary  Public , 

Kings  Co. 


SPECIFICATION. 


To  all  whom  it  may.  concern : 

}•  Be  it  known,  that  I,  Thomas  A.  Ellison,  or  New¬ 
ark,  m  tlie  County  or  Essexanil  Slate  ot  New-Jorsoy 
have  invented  an  improvement  in  Duplex  Telegraphs 
of  which  tlie  following  is  a  specification : 

2.  f  make  use  of  a  compound  induction  coil, 
tl  o  Hl  1  noli  the  currents  pass,  and  those  from  tho 

tlm  rtulni  ‘I0!1-  a‘  -  bilIa,,c“>  but  U|o  current  from 
tho  distant  station  is  operative. 

01  J'  hI1?  he,ix  “•  "‘"'rounds  the  central  part  of  the 
01  core  that  passes  through  the  electro  magnets  b.  and  c. ; 
eHv  «  6’;,?'U  Ty  0!,Iln(lHced  current  is  set  up  in  the 
•  i,  J  wl'7  tllere,is  a“  exccss  “E  current  in 
in b I™  »»  bc<-a"seif  thecurrentacting 

in  o.  is  equal  to  that  acting  in  c.,  and  tho  heliepq  nm 
ces  on  tL'?m«nd’*nle  luaS»etizing  actions  of  tho  hoH- 
willnot  h»>  imvco  I,RUtlll^Z0.each  other,  and  there 
hi  t  whLb  |.  y  8fiC0».(la,T  oi*  induced  current  in  a. ; 

wmmm 


z..  magiio- 


magnet  /^ti^oben  nmi0,)ierate»Si  tbe  polui'iaed 

203  S3?.  iS  **  tb° 

from  the dfelnnt^t'id^^^^^  nlon8  tI,e  lino  *• 

b.  demagnetizes,  and  in  so  doin^a  T°  of  tbo  llelix 
induced  current!, ia„  of  oppo^potoityUhe  tof 


•and  that  acting  in  the  polarized  magnet/.,  instantly  204 
throws  the  contaot  point  of  the  'hrumturo' the'Ather  w' 
way,  and  op, jus  the  jqtail  qirquit. 

7.  These  operations,  in  the  compound  differential 
induction' coll,  'lieiiig'bofhe  in  irilhd;  it'  no'w  'bedoriies 
-necessary  to  explain  the  manner  of  sending  through 
such  Coils'  without'  producing  any  action  :'im  'the 
helix  it.' .  ' . .  ■  -  - 


8.  Thu  key- 1.  in  tlie  local  circuit  to  the  magnet  w. 
•oporatC's  the  levCr  w.  that: 'contains  an  'insuhjted 
spring  closer  ;  3  acting  against  the  circuit  point  4, 
:and'tlie  lidok  ehd,l5lof  the  lover  ?«.,  so  that  when  the 
key  l.  is  dosed,  the  lever  u.  moves  the  spring.  3  into 
contact  with  4,  closing  the  circuit  from  the  battery  b.  j 
through  4,  3  and  tho  wire  0,  to  the  helices  b.  and  c., 
and  at  tho  same  time  breaking  the  loon, tact  of  3  and  5, 
anil  hence  cutting  out  the  ground  wire  8  from  the 
lever  u. ;  but  the  moment  the  lever  u.  returns  to  its 
normal  position  by  the  demagnetizing  of  w.,  the 
spring  3  closes  tho  circuit  at  5,  just  before  separating 
from  4 ;  hence  there  is  always  a  metallic  circuit  com¬ 
plete  for  the  pulsation  coming  from  tho  distant  sta¬ 
tion,  whether  tho  circuit  of  the  sending  battery  o.  is 
opened  or  closed. 


20? 


0.  In-  order  to  balnnce  the  action  of  the  sending 
■current  that  divides  at  10  and  passes  through  b.  and 
c.;  I  introduce,  in  connection  with  the  helix  c.,  an 
.artificial  line,  equal  in  resistance  and  conditions  to 
the  line  1c.,  hence  compelling  an  equal  current  to  pass 
through  b.  and  c.  • 

To  effect  this,  tlie  resistance  r.  is  placed  in  the 

rund  connection  from  e.,  which  resistance  should 
adjustable,  so  that  the  rheostat  or  resistance  r. 
equals  the  line ;  and  in  order  to  set  up  in  c.  a  counter  207 
magnetism  equal  to  that  set  up  ini.,  by  the  static  - 
from  the  line,  I  make  use  of  the  electro  magnet  l., 
placed  in  a  shunt  that  passes  around  c. 


10.  By  this  construction  of  compound  differential 
indnetion  coil  and  the  arrangements  of  the  connec¬ 
tions,  the  inductive  effects  o£  pulsations  from  the 
sending  instrument  are  balanced  and  neutralized, 
while  the  pulsations  from  the  distant  station  operate 
•the  receiving  instrument. 


II 


_ _ g 


60 

I  claim  as  my  invention : 

1st.  Thu  compound  differential  induction  coils  a.  b. 
c.,  in  combination  with  the  polarized  relay/.,  and  the 
circuit  connections,  substantially  as  sot  iortli. 

2d.  The  artificial  lino,  composed  of  the  rheostat  r. 
and  magnet and  ground  connection  in  combination 
■ivitli  the  compound  induction  coil  and  line  connec¬ 
tions,  substan  tially  as  set  .forth. 

Signed  by  me,  this  lOtli  day  of  August,  1874. 

Tiios.  A.  Edison. 

Witnesses,  • 

O11A8.  H.  Smith, 

•  Geo.  T.  Pinckney. 


67 


CASE  No.  06.  .  . 

Application  and  Oath  as  in  Case  No.  94. 

SPECIFICATION. 

To  all  whom  it  may  concern  : 

Bait  known,  tluit I,  Tliomns  A.  Edison,  oE  Newark, 
in  the- County  of  Essex  ,  and.  State  of  New- Jersey, 
have  invented  an  improvement  in  duplex  telegraphs, 
of  which  the  following  is  a  specification  : 


tile  Daiance  is  uisiurueu.  m  ^ 

through  which  botli  the  received  mid  transmitted  3U. 
pulsations  pass,  and  the  connections  are  made  so  that 
the  action  of  the  current  sent  is  balanced,  while 
that  coming  from  the  distant  station  is  operative  to 
work  a  balanced  relay  and  local  circuit  or  sounder. 

In  the  accompanying  diagram  drawing,  the  battery 
a.  b.  is  connected  at  one  end  to  the  line  wire  c.,  at 
the  other  end  to. the  closed  key  e.,  and  in  the  middle 
to  the  ground.  . 

The  connection  3  from  the  key  e.  to  the  line  c. 
passes  through  the  induction  coil  and  core /.,  and 
there  is  a  second  induction  coil  g.  around  the  coil  f. 
that  is  in  a  shunt  between  the  line  connection  c.  and  313 
the  branoli  h.  to  the  ground,  in  which  branch  h. 
there  is  a  resistance  k.  that  is  adjustable. 

The  line  connection  c.  bifurcates  at  passing 
one  way  through  the  helix  l.  to  tile  ground  branch 
h  and  the  other  way  through,  the  helix  in  to  the 
main  line  s.  The  eleotro  magnet  l.  TO.,  being  wound 
in  the  usual  way,  will  not  respond  when  the  commo¬ 
tion  is  made  in  the  middle,  because  the  current 
passing  from  c.  goes  oneway  through  one  helix,  and  • 
the  other  way  through  the  other,  polarizing  the  oores,  313 
so  that  the  armature  r.  is  not  attraoted.  It  is  im¬ 
portant  that  the  resistance  of  the  branch  7t.  and 
rheostat  k.  should  be  about  the  same  as  that  of  the 
main  lines,  so  as  to  o'ause  the  eurrent.to  divide  equally 

It  will  now  be  understood,  that  any  current  from 
•the  distant  station,  passing  through  the  magnet  to. 
in  >1 . will  r.iuisn  the  armature  to 


:l 


214  through  tlio  helices  or  not  from  the  Bunding  station, 
and  this  electro  inagiiet  m.  and  armature  act  ns.  a 
relay  to  operate  the  local  circuit  s.  and  sounder  l. 

The  liiaiii  battery,  it  will  be  seeii;  is  iii  a  local 
circuit,  where  the  key  e.  is  closed ;  lienee,  if  both 
sides  are  equal,  there  is  iio  current  passing  upon  the 
main  line ;  but  when  the  key  c.  is  open,  the  Ipcal 
circuit  is  broken,  and  the  portion  a.  of  the  battery 
sends  the  pulsation  through  Z.  niid  m.  ail'd  lipoii  the 
line  s.  to.  the  .distant  station,  tvliero  tlio,  pulsation; 
passing  through  «L;  operates  the  local  iind  sounder 
or  receiver,  the  portion  through  l.  returning  through 
a.  through  the  branch  h.  and  ground. 

,  Wheii  the  key  e.  is  closed,  Uib  induction  coil  f.  is 
charged,  and  it  discharges  when  the  km'  a.  is  opened  ; 
the  helix  9  that  hiis.beeii  charged  by  liidiictioh  also 
discharge-s  and  sets  up  iii  l  it  current  that  equals  that 
resulting  from  the  static  charge  of  the  line,  iind  the 
reverse  currenis  are.  produced  in  tliti  induction  coils 
•  as  the  circuit  is  closed  at  e. ;  thus  sucli  induction  coils 
serve  to  neutralize  or  balance  tlia  effect  of  the  static 
charge;  and  prevent  tiny  false  pulsation  bn  the  niaill 
j>“V resulting  from  the  retni-n  static  charge  acting: 

210  It  will  be  apparent  that  tlio  closing  of  tlio  key  e. 
and  the  connecting  of  the  battery  b.  with  the  liiie, 
tends  to  set  up  in  the.  line  aiid  to  eartli  currents  of 
opposite  polarity  to  those  resulting  from  tint  liattory 
because  the  positive  of  tlio  one  iind  the  negative 
ut  lelV‘lio..,b. .the  giotihd  and  lino  respectively; 
and  this  tocal  circuit  a.  a.  3  a.  b.  serves  to  maintain 
an,  iinbrbkpn  connection  that  offers  biit  little  resist- 
Wkii'l?  .• ‘?vpi!'^i01f  tho,  disthrit  instrument 

passnigto  the  earth;  and  the  resistance  is  iieiirly  h'ni- 
received;  whether  thian  is  a'cur- 
rent  that  is  being-sent  oi' not. 

217  I  claim  as  my  invention : 

kalhuy  in ,'n  local  circuit  connected  to  tlio 
l  iTnt"  'V'"-°n1  m*  “WthrtJwMkw*,  it  finger  key  in  cohl- 
Wnation  with  the  magnet  l  fn:,  branch  *.,  and  resist¬ 
ance  A.,  and  the  reduction  coils  f.  'n.\  the  parts  Vjn'e- 
rating  substantially  ns  set  forth,  P  ?P 

Signed  by  me  this  10th  day  bf  ftiigBst;  A:.  D.  1874 
.  AVitiiesbetL  ‘TUos.  A.  Eniaorr. 

CnAs.  H.  Smith, 

.  Geo.  T.  Pinoknuy. 


TJ.Edijon,,;  - 

Zhmlex  7e/£frajih, 

Filed  pept./,  . 


218 


To  all  whom  it  may  concern : 

i  Bij  it  known,  flint  i,  Tiibnins  A.  E(lMon,„pl 

T&bgrhplis!  df  which  tlio  following  1b  a  specification : 

2.  The  iinhsihitting  battery  is  commoted  with  the  210 
line  bv  a  lever,  that  simultaneously  breaks  the  eaitli 
coiiiiectioii  so  ui  nbt  io  interrupt  the  continuity  of 
the  circuit ;  the  current  sent  divides  anti  opeiatts 
equally  In  two  helices ;  lit  one  helix  tlieie  is  a  slid 
fife  core  that  moves  With  the  armature  of  the  o  liei 
Infix,  and  this  latter,  responds  to  the I 
the  distant  instrument,  and  closes  a  locpl  ,5  lll(^  ;ia 
founder  or  other  receiving  instrument, ,  and  there  is* 

Jbversc  nciion  of.  tlio  static^iscliarge,  thereby  caus¬ 
ing  the  forces  to  be  accurately  balanced. 

8.-  In  the  diagram  of  tim  drawing,  the  tiansmjtog  220 
key  a.  opens  and  closes  the  locnf  circuit  of  battuy 
h.  to  the  helices  of  tlio  electro  magnets,  c.  and  cl. 

4  The  lever  e., '  actuated  by.  the  armature  c., 
closes  .the  line. connection/,,  .from  t'le  battery  fj., 
lust  before  breaking  the.enrth  circuit  of  the  lino  at  li., 
spUmt  there  is  always  a  path  for  the  pulsation  from 
Vh'e  distant  station. 

'  221 


not  rt^woViyk'iMImoiXl^  Hint  (bo  lovor  o.  will 

"sstr-iMtS3- 

i^asyipiiBJ 

"tea  isxttr1^5  '^T 

closed  at  a..  an?l  tl  u  an  n  ?"l  whIPn  tha  c'.rrent  is 

lienee  this  spring  Sisahltt  1>mv.or oC  tllB  spring  3, 

•  magnetism  im  ?o  tl1G  Bbh,(-  re3isl  the  increase  of 
when  tlio  circuit  is  closed  anrl  f“,Klltion  of  the  line 
i-fmol  tlio  static  date'1  ^  compensate  for  the 
woken,  thus  leaving  h,  a  ®e*  as  the  circuit  at//  iq 
enced  by  the  currJJrt  sent^T1  1  ontW uninflu- 

I  Claim  as  my  invention : 


'•  First.  The  magnets  l.  m.,  tlirongh  which  the  cur-  226 
rent  sent  passes  to  the  line  and  artificial  line,  in  com¬ 
bination  with  the  nrmaturo  lever  o.  anil  sliding  core, 
substantially  ns  specified. 

Second.  The  electro  magnet  e.  d.,  in  the  local  cir¬ 
cuit  containing  the  circuit  Breaker  a.,  in  combination 
with  the  circuit  closing  lever  l.,  notched  armature 
lever?*.,  spring  t.  and  armature  lever  o.,  substantially 

Third.  The  mechanical  compensator,  consisting  of 
spring  t.  and  notched  lever  a.,  for  neutralizing  the  227 
effect  of  the  static  charge  in  a  duplex  telegraph,  sub¬ 
stantially  as  set  forth. 


Witnesses, 

Chas.  H.  Smith, 
Geo.  T.  Pinckney. 


tliis  10th  day  of  August,  A.  D. 

Tjios.  A.  Edison. 


T.AEdi;oxtA€tf& 

JJujilex  Telegraph, 

Filed  pplJ,  ■ 


CASE  No.  07. 


228 


To  all  whom  U  may  concern  : 

Bo  it  known  that  I,  Thomas  A.  Edison,  of  Newark, 
in  the 'County.  o£  Essex  and  State  o£  Now-Jersey, 
liave  invented  an  improvement  in  duplex  telegraphs, 

:0£  which  the  following  is  a  specification : 

Two  batteries  are  employed  that  are  balanced  by  220 
rheostats,  and  the  static  charge,  compensated  by  an 
electro  magnet,  and  the  same  poles  of  the  batteries 
:aro  connected  at  opposite  sides  of  a  receiving  or  relay 
magnet,  lienee  the  batteries  neutralize  each  other  in 
the  constantly  closed  circuit. 

A  shunt  wire,  with  a  key  or  sounder  between  the 
centre  of  the  combined  batteries  and  tile  earth  circuit, 
serves  to  destroy  the  balance  of  the  batteries,  allowing 
the  one-halt  to  act  on  the  line,  but  the  receiving  mag¬ 
net  or  relay  is  at  a  neutral  point,  where  action  and  re¬ 
action  are  equal,  except  for  the  current  from  the  dis- 
.tant  station  ;  to  this  it  responds  .with  delicacy.  •  230 
In  the  diagram  a.  and  b.  are  the  batteries,  connected 
in  opposition  to  each  other,  at  c.,  and  provided  with 
adjustable  rheostats  at  <Z.  e.  1.,  and  one  part  of  the 
oircuit  passes  to  the  line  J.,  and  the  other  to  the 
earth  circuit  at  g.j  the  line /.  and  earth  .<7.  are  con¬ 
nected  with  the  electro  magnet//..,  the  armature  lever 
of  which  opens  and  closes  a  local  circuit  to  a  sounder 
■or  receiving  instrument.  , 

The  rheostat  r.  is  of  resistance  equal  to  the  line, 
and  in  the  connection  s.  from  0.  to  g.  is.  the  finger 

k^hereT oircuit  closing  lever  is  used  it  may  be  the  231 
•  lover  of  an  electro  magnet  /.,  or  sounder,  operated 
by  a  local  circuit  and  key  nt.  .  „ .. 

When  the  connection  s.  is  open,  the  currents  of  the 
batteries  a.  b.  simply  neutralize  eacli  other,  the 
rheostats  b.  and  e.  allowing  only  equal  currents  to 
•reach  /i.,  which  currents,  being  of  the  same  polarity, 

-and  opposed  to  each  other,  produce  no  effect  in  /t., 


Case,  No.  '.is. 


230 


To  all  whom,  it  may' concern  : 

Bo  it  known,  that  I,  Thomas  A.  Edison,  of  New¬ 
ark,  in  the  County  of  Essex  and' State  of  Now-Jer¬ 
sey,  have  invented  an  improvement  in  duplex  tele¬ 
graphs,  of  which  tho  following  is  a  specification  : 

Tito  main  battery  is  in  two  parts,  connected  in  re-  237 
verse  in  tho  line  circuit ;  in  tho  same  circuit  is  tho  re¬ 
ceiving  instrument  or  relay,  to  which  is  connected  a 
local  circuit  and  sounder.  • 

OtiB'hnlf  of  tho  battery  is  short  circuited  at  tho 
sending  station  by  tile  depression  of  the  key  ;  simul¬ 
taneously  with  this  depression,  a  local  circuit  is 
Closed,  and  a  reverse  current  sent  from  a  battery 
through  tho  receiving  magnet,  and  in  that  circuit  is  a 
rheostat,  that  is  adjusted  so  that  the  elfect  of  the  bat¬ 
tery  on  tho  line  is  neutralized  in  the  receiving  relay 
at  tho  sonding'end,  but  tho  battery  at  the  distant  end  238 
is  free  to  net  at  tho  receiving  station. 

At  the  same  time,  the  effects  from  the  statio  charge 
in  the  lino  are  neutralized  in  the  receiving  instrument 
by  induction.  . 

In  the  diagram,  a.  is  the  line  passing  through  the 
electro  magnet,  b.,  tlmt  operates  a  relay  or  sounder. 

Tho  connection  from  b.  is  through  the  battery  c.  a ., 
or  local  circuit  i.  1.  *.,  to  tho  earth.  The  batteries 
c.  and  d.  oppose  each  other,  and  being  equal,  are 
not  operative  in  b.  „  , 

The  key  l.  is  in  a  local  Qircuit,  in  which  are  the  lie- 
lices/.  g.,  and  when  the  key  is  closed,  tho  electro 

■  magnet  ft.  attracts  the  armature  and  lever  7i.,  dos¬ 
ing  tho  circuit  •/.  *.,  to  the  .centre  of  the  batteries 
c.  d.,  hence  short  circuiting  c.,  and  allowing  d.  to  act 
in  the  line.  „  „  ,  •  .  ", 

In  order  to  compensate  the  action  of  the  battery  d. 
in  b.,  the  local  battery  l.  is  used,  and  the  local  circuit 
.  from  l.  through  the  insulated  spring  m.  and  rheostat 
to  the  line  a.  is  closed  simultaneously  with  the  short 


240  circuiting  ot  a.,  mid  this  rheostat  r.  is  adjusted,  so 
tlmt  tlio  action  of  l.  in  b.  equals  tho  action  ot  d.  in  b., 
and  being  in  reverse,  tlio  forces  aro  neutralized. 

The  helices/,  and  /  being  charged  and  discharged 
simultaneously,  there  is  an  inductive  current  sot  up 
iq  the  core  of  /.  and  the  helix  and  tlmt  gives  a 
secondary  charge  to  the  helix  o.  that  surrounds  the 
core  of  b,;  and  hence,  when  c.  is  closed,  the  secondary 
effect  in  w.  nentinlizes  tho  static  effect,  ns  the  line  is 
charged,  and  as  the  circuit  at  tho  hey  e.  is  broken,  a 

241  reverse  induction  current  is  set  up  in  u.,  neutralizing 
tlio  discharge  of  the  static  charge  of  the  line,  the 
helices  being  wound  so  ns  to  produce  this  reverse 
and  neutralizing  effect  in  the  core  ot  the  electro  mag¬ 
net  b.  by  the  helix  u. 

I  claim  as  my  invention  : 

First.  The  local  equating  battery  l.  and  rheostat  r.  • 
connected  to  the  line  and  to  the  receiving  magnet 
"•>  ")  combination  with  the  batteries .c.  d.,  shunt?', 

242  set  forth*  snbs,anl'a"y  as  a,K\  for  the  purposes 

Second.  The  magnets/,  and  g.  and  induction  coils 
u.  o.  in  combination  with  the  magnet  b.,  batteries 
c.  a.  and  shunt  circuits,  substantially  ns  set  forth. 

.  Signed  by  me,  this  10th  day  of  August,  A.  D.  1874. 
•Witnesses,  (Stl')  T,,°®  ^-Edison. 

(§(}•)  '  Gko.  T.  Pinckney, 

(Sd.)  Oh  as.  H.  Smith. 


TAEfyM,^^. 

Bujilex  Telegraph, 

rusdpegt  'j,  /fpj . 


&  JFn.-ire?tioT 
J/umaJ  CL.  Sa Wt, 


07  7 

PdOfiTliT- ,W3. 

CASE  No.  00.  243  , 

Application  and  Oath,  as  in  Cask  No.  04. 


.  To  all  whom,  it  may  concern  :  • 

(1.)  Be  it  known,  that  I,  Thomas  A.  Edison,  of 
Newark,  in  the  County  of  Essex  and  State  of  New- 
Jersey,  iinvo  invented  an  improvement  in  Duplex 
Telegraphs,  of  which  the  following  is  a  specification  : 

(2.)  The  object  of  this  invention  is  to  enable  two] 
operators  to  simultaneously  spnd  over  one  wire  in  2*4 
one  direction  by  reversal  of  a  battery  current  in  one 
instance,  and  increasing  and  decreasing  the  strength 
of  the  current  in  the  other  instance,  and  the  con¬ 
nections  are  so  arranged  that  the  party  at  the  re¬ 
ceiving  station  can  signal  to  the  sender  to  repeat,  in 
case  of  inaccuracy. 

(3.)  By  duplicating  the  parts  herein  described, 
four  transmitting  operators  and  four  receiving  opera¬ 
tors  cnn  work  simultaneously  over  one  wire,  two  of 
each  being  at  each  end. 

(4.)  In  the  diagram  Fig.  1,  I  have  only  shown  the 
transmitting  apparatus  for  two  operators  at  one  end 
of  the  line,  and  the  receiving  apparatus  for  the  two 
operators  at  the  other  end  of  the  line.  Fig.  2  is  a 
diagram  representing  a  modification  of  one  portion  of 
the  circuits. 

(5.)  The  battery  a.  h.  is  composed  of  unequal 
elements.  Suppose  a.  to  represent  seventy-five 
cells,  and  be  twenty-five'colls.  240 

(0.)  Tile  key  c.  isin  a  local  circuit,  tlmtoperates  the 
magnet  d.  and  circuit  changing  lever  e.,  so  that  when 
the  circuit  c.  is  open,  the  battery  h.  is  out  of  circuit 
and  inoperative,  but  the  continuity  of  the  metnllio 
circuit  is  maintained  through  4  l.  and  5  to  the  re-, 
versing  key  /.  next  described  ;  and  when  the  key  c. 
is  closed,  the  entire  battery  a.  h.  is  connected  through 


247  the  insulated  spring  2  and  wires  8,  0  and  0,  to  said 
key  /.,  and  lienee  the  operator  ot  c.  controls  tins 
amount  of  battery  connected  to ’the  line,  and  this 
change  of  power  operates  nt  the  receiving  station,  as 
hereafter  set  forth. 

(7.)  The  key  /.  is  made  for  reversing  the  battery 
connections  alternately,  whether  the  whole  or  only 
'  a  portion  of  the  battery  is  thrown  upon  the  lino  by 
the  operator  of  c.,  and  this  key/,  is  operated  by  the 

248  electro  magnet  </.,  local  circuit  and  key  Ji.  '  . 

:  (8.)  When:  the  key  h.  is  open,  ns  shown,  the 
current  from  C  passes  by  10,  11,  12  and  13,  out 
through  the  tell  tale  magnet  k.  to  line  l.  and  the  re¬ 
turn  is  through  ground  to  14,  spring  15,  lever  arm  i. 
10  and  3. 

(0.)  When  the  key  /.  is  attracted  by  //.,  the 

249  circuit  connections  are  reversed,  so  that  the  current 

from  fi  passes  by  10,  in  and  14  to  ground,  thence 
returning  through  li  ’  ““  *~  ^  ■*  ■  •  '*■ 


;h  line  l,  13,  12,  lO  and  3  to  battery. 


(10.)  By  bearing  in  mind  that  one  operator  at  c. 
makes  his  signals  by  changing  the  amount  of  battery 
power,  and  that  without  breaking  the  metallic  circuit, 
and  that  the  operator  at  h.  signals  by  reversing  the 
circuit  regardless  of  the  battery  power,  and  without 
breaking  the  metallic  connections,  hence  both  parties 
0  can  work  .without  hindrance  from  the, other,  it  now 
becomes  necessary  to  show  what  iiistruments  at  the 
receiving  station  are  .employed,  the  one  to  respond 
by  the  change  of  battery  force,  regardless  of  polarity,, 
and  the  .other  .to  respond  by  change  of  polarity  only,: 

regardless  of  battery  force. 

(11.)  The  polarized  relay  magnet. m.. is  in  the  line 
«.,  and  is  made  with  a  permanent  or  magnetized 
ai  mature,  hence  it  will  only  respond  when  the  circuit 
il  ‘8r  and  when  it  does  respond  by  the  reversal 

?vn  lT;  ,  uUtry'  of  the  armature  lever 

woiks  a  local  circuit  and  sounder  .. 

circuit  ^1?*”  W  °‘ ia  tlie  main  line 

oil  cul  t  that  passes  by  20  and  , key  p.  to  tile  earth- 
The  .normal  condition  of  this  key  p.  is  olosed  but 
whenever  either  of  the  parties  rccefving  peSs  any 


inaccuracy  or  interruption  of;  the  message,  then  the  202 
parties  sending  are  notified  by  either  receiver  break¬ 
ing  the  circuit  at  tin*  key  p.,  and  tile  tell  tale  magnet 
i*.  no  longer  responding  to  the  pulsations  of  the  key 
7«.  ore.,  indicates  to  tlie  senders  that  the  circuit  is 
broken,  • '  " 

(18.)  In  order  to  produce  a  receiving  instrument 
.  that  is  operative  only  by  the  excess  of  the,  current, 
the  spring  of  the  armature  s.  is  tightened  to  the 
proper  degree  of  tension,  so  that  the  magnet  o.  will  253 
not  respond,  except  when,  (lie  closing  of,  the  key  c: 
brings  the  entire  battery  a.  b.  into  action. 

(14.)  If  u  reversal  of  current  takes' place  when  tlie 
entile  force  of  battery  is  on  the  magnet  o.  there  * 
occurs  a  false  movement  of  the  armature  s.  To  pre¬ 
vent  an  incorrect  record  or  sound,  the  local  circuit 
and  receiving  instrument  are  ipadens  next  described. 


operative  in  tlie  receiving  magnet  or  sounder  t.,  ai._ 
hence  tlie  armature  of  t.  only  responds,  when  an.  op¬ 
posing  current  is  sent  through  t.  to  neutralize  the 
current  of  w.  and  demagnetize  the  core. 

This  is  effected  by  battery  v.  and  circuit  that  is  closed 
by  the  lever  s.  on  the  back  movement.  Hence  when 
«.  iq  attracted  by  o.,  tlie  circuit  of  v.  being  broken, 
allows;  %.  to  ac(  unbalanced  and;  give  the  sound;; 
bujt  should  «.  fly  back  on;reversing.tli'e  current  it  will 
be  so,  instantly,  reattractedby  o.  as  to  prevent  the  cir-  265 
cnit  of  v.  being  closed  long  enough. to-  neutralize  the  ' 

action  of  u. 

Heneethe.signals  given,  by  the  operator;  at.  c.  will 
be.  co^reclJy,  responded,  to, by,  the,  receiver  f. 

•  Wi  ?be  dipgippj,  Ifig.,  2,,  slio>ys  a  modification  of 
the ;  ryoeiyihg.  circuit  tp.prevent  n  false  iiidiea.tipu  at  • 
the  receiver. '  '  . 

The  armature  s.  operates  tlie  circuit  of  the  battery 
a..td  tlie  electro.  magnet  <?;,  bind  tin)  armatufe'df'o.'  255 
closes  1111,(1  opens,  the  circuit  of  u.‘  to  tlie  receiving 
instrument  or'sonnder  t.,  and  as  the  magnet o,‘  is 
rather  slnggisli  in  movement,  its  armntiire  does'not 
have  time  to  move  and  break  the, circuit  v.  before  the 
armature  again  flies  back,  should- the  circuit;  connec¬ 
tions  have  been  reversed  while  tlie  key  c.  is  closed. 


267  I  claim  as  my  invention  : 

Jnji  Mrst.  Transmitting  two  distinct  messages  over  one 
I  wjro  in  the  same  direction  and  at  the  same  tune,  one 
ilk  operating  by  reversal  o£  the  battery  current  and  the 
other  by  increasing  or  decreasing  the  current  from, 

•  the  battery.  . 

Second.  In  a  duplex  telegraph  the  polarized  mng- 
■  net,  and  an  ordinary  magnet  in  the  same  circuit,  when 
258  arranged  substantially  as  speciiied,  so  tllnt  one  re¬ 
sponds  to  change  of  polarity  of  the  current  and  the 
other  to  an  increase  and  decrease  of  the  current,  sub¬ 
stantially  as  set  forth. 

Third.  Tho'arrangeiiient  of  two  keys  c  f.,  battery 
a.  b.,  and  reversing  circuit  connections,  substantially 
as  set  forth,  to  bring  into  action  the  whole  or  n  por¬ 
tion  of  the  battery,  and  to  reverse  the  polarity  of  the 
current  passing  on  the  lino  without  entirely  interrupt- 
2®8  ing  at  any  time  tile  metallic  circuit. 

Fourth.  The  reversing  key  /.,  made  with  the  nnn 
springs  12  and  16,  and  circuit  closing  points  10 
and  10,  substantially  as  set  forth. 

Fifth.  Tile  receiving  instrument  or  sounder  in  the 
f-fatj  constant  circuit  from  the  battery  it.,  in  combination 
r  with  tlic  balancing  local  battery  a.,  circuit  and  circuit: 

•  1  closing  armature  s..  and  electro  magnet  o.,  substnn- 

200  tially  as  set  forth. 

Sixth.  In  the  duplex  tolegiupli,  arranged  for  send¬ 
ing  two  separate  messages  simultaneously  in  the 
same  direction  and  from  the  samo  end,  the.  cirouit 
breaking  key  p.  at  tile  receiving  end  ued '.the  tell  tnlo 
magnet  7e.  in  tho-  line  at  the  transmitting  end;  for  the 
purpo^o  sot  forth.  .  .  .  .  . 

201  Signed  by  me,  this  10th  day  of  August,  A;  D.  1874. 

Titos'.  A.  Edison.'  ' 

Witnesses :  .  . 

Cii as.  If.  Smith,  .<  '■■■■'■:  <  -i 

GKO.  T.  PtNOKNEY.  ■  •  IP 


To  all  whom  it  may  concern : 

Bo  it' known,  that  I,  Thotiins  A.  Edison,  of  Newark, 
in  the.  State  of  New- Jersey,  have  invented  an  improve: 
meat  in  Duplex  Telegraphs,  of  wliieli  the  following 
is  a  specification  : 

Where  two  persons  are  sending  and  two  receiving, 
one  at  each  end,  the  entire  line  is  sometimes  deranged 
by  a  signal  from  one  of  the  receivers  to  repeat.  My 
invention  is  made  to  allow  either  party  that  is  recei  v¬ 
ing  to  interrupt  the  person  sending  to  him,  so  that  ho 
is  thereby  warned  to  repeat,  and  that  without  inter¬ 
fering^  with  tho.  other  message  that  is  being  sent  or  re¬ 
in"  the  diagram  drawing,  a.  is  tho  line,  h.  the  re¬ 
ceiving  relay  'instrument,  cl.  is  a  helix  around  tho 
same  core  as  6.,  and  this  helix  is  in  a  circuit  passing 
to  tlie  artificial  line  and  rheostat  e.,  and  this  rheostat 
is  to  be  adjusted  to  equal  tho  line,  so  that  tho  pulsa¬ 
tion  from  tho  sending  station,  acting  in  reverse  in  the 
helices  b.  and  d.,  produces  no  magnetizing  effect  in 
the  core,  but  tho  pulsation  from  the  distant  station, 
padsing  along  a.,  acts  in  b.,  unbalanced,  and  either 
produces  the  sound  by  the  armature  magnet,  or  else 

works  a  local  circuit  and  sounder. 

The  pulsation,  received  from  the  distant  station 
passes  by  'if.  and  4  to  tlie  earth  connection. 

The  lover/,  is  operated  to  give  the  pulsations  that 
are  sent  npon  the  line,  and  those  pulsations  divide  at 
6,  passing  equally  through  tlie  helices  g.  and  /t., 
thence  through  the  helices  b.  and  cl.  aforesaid. 

Tlie  helices/  and  h.  aro  of  a  differential  polarized 
relay,  tlie  tongue  or  polarized  armature  lever  L  of 
which  forms  a  circuit  breaker  in  the  local  circuit  *  l 
to.,  and  in' this  circuit  tlie  key  l.  acts  to  open  or  close 
the  circuit,  and  by  tlie  electro  magnet  to.  operate  the 
lovor/.  and  send  the  pulsations  upon  the  line.1- 
Tlie  main  battery  o.  is  connected  bv  wires  10, 11, 
to  closing  points  12, 13,  nnd  tlie  reversing  lever  r.  has 
sm-inga  14. 1(5.  and  an  insulated,  arm  s.  VVlien  the 


8  SithdJ 

.  dividing,  part  returning  thr ugh  c  «  «  *„», 

going  to  distant  station,  tlitiito  )  ,  ^  ] 

fvlmncn  the  united  currents  puss  by  3,  18,  1«,  -!«. 
r.  13  mid  11,  to  tiro  buttery.  ...  to 

esLMAffltfagftjag.  o 

tnine/in  Urn  normal  poshion  rvitl.  the _circi.it  of 
07  »>.,  closed  regardless  ot  whether  tlio  cunuit  jm 
reversed  or  not,  but  the  current  from  the  distant st.i- 
tion  only  acts  in  </.,  hence  tlio  polarized  tongue  is 

ch.ng.d  t.)  tl,e  reversal  ot  tl.e  battery  connection  at 

the  distant  station,  so  that  it  the  receiver  olos.s  e 
key  he  does  not  interfere  with,  the  party  send  »g 
by  tlio  key  l,  trom  his  own  station,  but  the  battuy 
connection  being  reversed,  tlio. ■differential  relayn1 
the  distant  station  is  changed  by  the  change  of  po¬ 
larity  in  </.,  and  the  party  sending  the  messngo  is. 
warned  to  lUeat,  by  the  tact  that  Ins  own  magnet  m. 
does  not  work,  because  the  polarized  tongue  lias 
broken  the  circuit  of  the  magnet  m,  and  it  will  not 
208  respond  to  his  key  l.  It  is  to  he  remarked,  that  he 
receiving  operator  only  closes  his  key  o.  sufficiently 
long  to  give  the  signal,  aiid  then  releases  it,  so  that 
the  parts  resume  their  normal  condition  to  allow  ot 
tlio  message  being  again  sent  to  him. 

The  reversal  ot  tile  polarity  at  the  sending  station 
does  not.  change  the  balanced  condition  of  b  d,  nor 
make  any  difference  in  the  action  at  the  distant  sta¬ 
tion,  because  that  .current 'sent  is  operative  in  b.  at 
the  receiving  station,  whether  of  one  polarity  or 
the  other!  .  '.  ... 

I  claim  ns  my  invention 

®00  The  differential  polarized  relay .  magnet  g  h,  and 
; ;  local  circuit  containing  the  key  l.  and  magnet  m.,  in 
combination  with  tlio  reversing  key  r.  nnd  circuit 


connections,  .substantially  ns  set  forth. 

Signed  by  me,  this  10th  day  of  August,  A.  I). 
1874. 

Thomas  A.  Edison. 

.  Witnesses : 

.  OnAS.  H.  Smith,  •  • 

Geo.  T.  Pikokney. 


JJujilex  Telegraph, 

Hied pept.l.  Iff/, . 


CASE  No. 


270 


To  all  whom  if  mat/  concern  : 

Be  it  known  that  I,  Thomas  A.  Edison,  of  New¬ 
ark,  in  the  State  of  New-Jersey,  have  invented  an 
improvement  in  duplex  telegraphs,  of  which  the  fol¬ 
lowing  is  a  specification : 

The  object  of  this  invention  is  to  more  perfectly  271 
balance  and  neutralize  the  static  discharge  of  the  line 
so  that  tliero  will  not  bo  any  falso  pulsations. 

In  the  accompanying  diagram,  the  pulsation  is 
given  at  the  sending  station  by  the  circuit  preserving 
key  a.,  battery  b.  and  connection  c.,  to  tlio  bridge 
wires  de.,  between  the  line/',  and  earth  g. 

In  the  portion  d.  of  the  bridge,  is  the  electro  mag¬ 
net  n.  and  rheostat  7c.,  and  iu  the  portion  e.  is  the 
electro  ninguet  l.  and  rheostat  in.,  and  the  receivin 
instrument  is  placed  in  the  circuit  2,  between  the  two  275 
portions  d  e.  of  tlio  bridge.  Said  receiving  instru¬ 
ment  is  made  of  two  electro  magnets  w  o.,  that  “io 
placed  at  opposite  sides  and  ends  of  the  armature 
lever p.,  so  as  to  act  thereon  in  unison  with  each 
other,  and  the  cores  of  these  electro  magnets  are  ex¬ 
tended  and  surrounded  with  the  additional  he  1  oes  r. 
and  s.  that  are  in  a  local  circuit  from  the  battery  t 
nnd  provided  with  a  rheostat  «.,  the  object  of  tl  s 
being  to  set  up  a  sufllok  t  g  t  z  g  | 
helices  of  thelocal  circuit,  to  neutralize  in  the  con  s  27, 
the  magnetism  that  may  result  from  permanent  cut- 
rents  upon  tlie  line,  thereby  balancing,  such  oni  u its 
and  leaving  tile  receiving  instrument  free  1°  respond 
to  the  pulsation  from  the  distant  instrument.  1  his 
local  circuit  and  helices  also  servo  to  neutializemiv 
residual  magnetism  in  the  cores. .  ihis  aiiiirioOme 
of  electro  magnets  and  helices  in  n  Joca1  citcuit  is 
not  herein  claimed,  and  it  is  set  forth  in  a  prev 

or  bridge  oirouit  I «.  2, .a  secondary  ourrent.wheii  the 


all  whom  it  may  concern 

1.  Be  it  known,  that  1,'Tliomns  A.  Edison,  of  278 
Newark,  in  the  County  o£  Essex  ami  btato  of  Eew- 
Jersey,  have  invented  an  improvement  in  duplex 
telegraphs,  of  which  the  following  is  a  speeihcation . 

arfiliciai^lino  comieSidlo  a  bridge,  and  a  resistanco  " 
and  condensers  havo  been  used  in  such  artilicial  lint, 
but  the  artificial  lino  does  not  properly  represent  o 
telegraph '  line,  and  there  m  e  inaccuracies  i  the  2?0 
action  of  tlie  artilicial  line,  arising  from  the  f  >U .  that 
tiio  energy  of  tlie  current  sent  is  greatest  neai  t  ie 
sending  station  and  diminishes  toward  the  reco  r  mg 
station,  and  tlie  re-aetion  or  static  discharge  s  n  e 
same  proportion,  tlie  last  portion  thereof  bung  the 
weakest ;  but  in  the  artilicial  line,  the  condensers  dis¬ 
charge  so  nearly  simultaneously  that  the  t  c  J  ? 
charge  from  them  does  not  properly  balance  the  static 
discharge' from1  the  line.  >, 

''8.  'The  first  portion  of  my‘  present  in  vbntibn  relates 
to  the- arrangement  of  ' the'Condensers  and  ilieoStats 
'composing  the  artilicial' line.  # 

4  The  condensers  a  a.  are  divided  up  into  two  or 
nio^nrts,  prefettbly  fbt.'r.toaho^itf  Wefflt^m^ 

‘aiid  ’theV'a're  eiibli  connected  will;  the  earth  by  the 
'wires  ’2‘2,''tind  also  to  tlie  line  or  dares  of'tlitbnd^ 
and‘in'this!llino  ednneot  on  '  there  bro ‘lie  mnall  oi 
divided' ihedstats  or  resibtances  b  bj m  "PM*®  g  281 

poVtlbn  tlio  amdtint  ‘qf'  buhdnt  to  woh  oJ?  ,tl e  con^ 
aehsers,1  so  thiif’.whew 

denser’ tuarest  to  the  'line;  will  dibolmige  witn  t  m 
'Sto?'force"iilid  liiilancp- tlio 
ntsf  ithrt  'of  the1 1  ihe;  and;  fhdn  .ihe  nff 


-=2Ss£iS!3|; 

tween  the  actual  line/,  and  the mt.hc.nl  line  0 


so  that  the  pulsation  from  c.,  dividing 
goes  through  14,  12  and  13,  as  well  as  tliro ug  . h.  »>>d 
t.  the  result  of  which  is  that  the  cores  of 
highly  energized  than  of  ».,  and  the 
secondary  current  set  up  in  c.  by  i.  is  liicii. 

275  whatever  extent  may  he  required  to  cqunl  the  stnt 
discharge  from  tlie  line  circulating  through  (l.  and  in 
receiving  instrument. 

I  claim  as  my  invention  : 

The  electro  magnets  n.  and  l.,  placid  in  the  bridg 
circuit  between  the  sending  instrument  and  the  dim 
and  artificial  lever  respectively,  in  combination  wit 
the  second  artificial  line  12,  and  tlie  helices 
•  the  cores  of  the  electro  magnet  /.,  for  the 
set  forth. 

...  Signed  by  me,  this  18th  day  of  Janunry,  A.  D. 
<i7U  1875.  ■ 

Thomas  A.  Edison. 

Witnesses:  ’..i 

Geo.  T.Pinokney, 

Chas.  U.  Smith. 


70 


i  more  distant  part  ot  the  lino, 

o£  the  lino.  ■ 

6.  The  aforesaid  mtir.ei..l  line  is  adapted  to  any 
arrangement  ot  duplex  or.othcr  telegraph,  and  o 
oueoiul  feature  of  the  present  invention  relates  to  tho 
arrangements  oE  eletro  magnets  and  galvanometer  in 
the  bridge  or  divided  line.  ■  ;  . 

83  0.  Tim  line  rZ„  wires  c  e„  and  connections  Cronr  P 

to  0  form  the  bridge,  and  in  the  bridge  wires  e.  are 

tho  rheostats  f  f.  and  electro  magnets  </.  <7.,  and 

these  electro-magnets  neutralize  the  effects  oE  the 
secondary  currants  from  the  receiving  m  iguets  plnced 
1  dm  n  0  uid  b  m  the  bridge,  which,  were  it  not  tor 
these  electro-magnets  and  their  neutralizing  dis- 
charge,  would  circulate  in  the  circuit  formed  by  e  c. 
5,  0,  and  cause  the  relay  magnets  in  such  circuits  to 
“stick”  or  respond  too  slowly.  The  rheostats  j.J* 
should  he  adjusted  to  properly  regulate  the  resist- 


284  7.  The  doubled  coiled  receiving  magnet  7t  7/..  -  is 

worked  by  increased  or  decreased  current  from  the 
distant  station.  X  lind  Unit  it  is  better  to  divide  this 
magnet  into  two  parts,  so  as  to  uso  short  spools  and 
obtain  as  great  or  greater  power  with  less  resistance 
than  would  arise  it  the  whole  ot  tho  wire  was  coiled, 
on  one  core,  and  these  magnets  h  7t.  are  nt.  opposito 
sides  ot  tlie  armature  lever  i.  and  its  fulcrum,  so  as 
to  net  in  unison. 

8.  There  is  a  second  coil  or  spool  k  k.  to  each  core 
28D  ot  tho  electro  magnets  U  h.,  in  a  local  circuit,  with,  a 
battery  l.  and  adjustable  rheostat  m.  The  action  ol 
these  coils  is  so  adjusted  by.  the  rheostat  that  any 
currents  that  may  leak  into  tile  line  from  the  ground 
by' imperfect  insulation  or  otherwise  are  neutralized, 
lin'd  for  tills  purpose  the  poles  of  tho  battery  are  to 
bo  properly  connected,  according  tortile  chai-uoter.of 
.the  current  leaking  to  .the  lino;  thereby  tlie  line. is 
better  adapted  to  quudruplox  transmissions,  because 
it  tlie  action  o£  tlie  current  from  the  distant  station  is 
.  varied  by  its  strength  being  increased  by  an  addition 


opposito  polarity,  the  effect  is  neutralized  by  the 
local  circuit  from  7.,  and  the  coils  k  acting  upon 
the  Cores  of  the  magnets  h  7/..,  in  a  way  to  balance 
tlie  effects  on  such  cores  by  tlie  leakages  oE  the  line. 

;  0.  The  armature  lever  t.  operates  tlie  local  circuit 
of  the  battery  o.,  and  in  this  is  tho -  sounder  p.,  for 
receiving  from  the  distant  station,  and  to  tins  sounder 
is  also  connected  the  local  circuit  ?.,  ns  explained  in 
one  of  my  previous  applications  for  patents  ;  in  this 
case  the  sounder  p.  responds  according  to  the  pulsa¬ 
tions  from  the  distant  station,  whether  the  same  is  a 
rise  or  decrease  of  tension ;  so  nlso  tho  sounder  r.  in  2E 
tlie  locnl  circuit  from  r.  is  operated  by  tliu'  polarized 
nmgniitf.,  according' to  tho  reversal  of  tlie  currents 
from  the  sending  station,  as  before  explained  in  my 
previous  application. 

.  10.  Ill  the  circuit  between  C  and  0  is  placed  a 
second  polarized  magnet  7.,  and  its  armature  is  oper¬ 
ated  only  by  the  revel-sill  of  the  current,  and  it 
opens  and  closes  the  circuit  through  the  retractile 
magnet  u.  This  magnet  v.  takes  the  place  of  a 
spring  to  draw  back  tlie  armature  i.  It  is  known 
that  when  a  reversal  of  the  current  takes  place  in  nn  21 
electro  magnet,  there  is  a  movement  ot  neutralization 
or  rib  imigiietism,'  lienco  ut  that  moment  a  spring,  it 
used, .pulls  tlie  armature  back  and  produces  a  false 
operation  in-  the  quadruples  telegraph  especially. 
The  tongue  of  tho  polarized  magnet  7.,  m  the  circuit 
of -tlie  permanent  retractile  magnet being  moved 
by  reversal  of  current  oil  tho  iiinin  line,  opens  the 
circuit  u.  momentarily;  mid  then  closes  the  samo  so 
ns  to  neutralize  us  far  as  possible  the  risk  of  a  false 
movement'  of  •/.,  by  breaking  the  circuit  u.  at  tlie  2 
instant  of  reversing  the  polarity. 

,  11.  Tho  galvanometer  at  «.,  and  a  switch  as.,  .to 
place  it  in  circuit,  is  useful  in. the  adjustment  of  tlie 
rheostats  and  the  balancing  of  tho  electric  energies. 
When  tho  resistance  of  the  artificial  lino  is  equal  to 
•  that  of  the  main  line,  there  will  not  bo  any  current 
through  tho  bridge,  lienco  tlie  galvanometer  will  re¬ 
main  uninfluenced. 

•fis:  The  finger  keys  10  and  11  are  employed  to  open 


290  and  close  local  circuits  to  I °ircii?tprosorving 
13,  and  these,  n  vu  ;  ^  with  the  two-part 

ner, similar  to  tlmt  heretofore  P1  ^  by  the  rc. 
that  one  operator’s  messaso  «  ““„ad  tlfu  ot|lUrs 

^ufe tall  in  .the  tension  ol.  the. 
current  sent. 

201  I  claim  as  my  invention  : 

First.  The  artificial  line  made  of 
estate  b  and  divided  "n^aS  by  the  pc 

line,  substantially  as  set  forth. 

202  from  the  eliTctro  magnets  placed  between  SandO.n 
the  bridge,  substantially  as  set  fortn. 

Third.  The  retractile,  magnet  «•-  oombmed 'vdh 
the  magnet  It.,  and  polarized  magnet  t  ,  that  acts 
momeiltarily  break  tlio  circuit  n.  when  the  reversal 
of  polarity  takes  place,  substantially  as  set  forth. 

k  2fl3  Signed  by  me,  this  14th  day  of  December,  A.  D. 


Witnesses : 

Geo.  T.  Pinckney, 
Oh  as;  H.  Smith. 


Zhi/ilex  Ttlepraji-h* 

TVedUed.U,/^. 


CASE  No.  113. 


•  Application  and  Oath,  as  in  Case  No.  04. 

SPECIFICATION.- 
To  all  whom,  il  viay  concern : 

•1.  Bo  it  known  Hint,  I,  Tliomns  A.  Edison,  of  New¬ 
ark,  in  the  County  of  Essex  and  Stato  of  New-Jcrsoy, 
have  invented  an  improvement  in  quadruples  tele- 
graphs,  of  which  the  following  is  a  specification  :  205 


2.  The  object  of  this  invention  is  to  repeat  from 
one  quadra jilex  circuit  into  another  qundruplex 
circuit. 


.  3.  In  my  .present  invention  ,  I  make  use  of  two 
qundruplex  circuits,  in  which  the  signals  are  made 
by  l-isuniid  fall  of  tension  in  one  relay  magnet,  ilild 
by  change  of  polarity  in  tlio  other  relay  magnet, 
which  is  polarized ;  the  inode  of  connecting  and 
operating  liavo  been  fully  set  forth  in  applications  20C 
heretofore  made  by  me.  The  present  improvement 
relates.td  the  connections  from  one  qundruplex  tele¬ 
graph  to  another,  whereby  tlio  circuits  work  into  and. 
operate  each  other,  so  that  the  messages  are  repeated' 
automatically  in  one  circuit  by  the  receiving  lnstriK 
meat  of  the  otlier  circuit,  instead  of  tlio  linger  key 
bhing  operated  by  liand. 

4;  The  entire  apparatus  and  connections  for  repeat¬ 
ing,  as  aforesaid,  nre  sltown  in  the  diagram,  which, 
although  -it  appears ' complicated,  is  very  simple  ;  207 
one  line  Ti.,  comes  for  iiistance  ft-om  New- York,  to 
one, set  of  instruments  at  an  intermediate  station,  say 
Biiltalo;  and  the  other  line  11.  extends  to  the  distant 
instriimeiits,  say  lit  Chicago,  in  the  other  direction. 

The  keys  diid  instruments  are  duplicated  and 
exactly  the  same,  only  there  are  two  distitiet  sets  ot 
instruments.  ;  ■ 

Suppose,  that  a  message  over  the  wire  L;  from  New- 
York  acts  by  rise  and  fall  of  tension  in  the  relay 
magnet  M.;  and  that  this  message  is  repeated  into  the 
sounder  or  teoeiving  instrument  g. ;  if  the  switch  au 


&  in  .lie  ^Til^ 

magnet  c„  the  switch  of  the  hoy  «•  being  c  oscd 
thereby,  the  message  received  nt  M.„on  om.  nno, 
repeated  by  c.  and  K.  into  the  next  line. 

5.  So,  in  like  manner,  the  message  received  frpuj 
New- York  in  the  differential  magnet  D.  M-,- 
repeated  in  the  sounder  n.  will  go  no  fnrthu  if  the 
switch  42  is  closed,  but  if  the  switch  42  is  °pe">  t 
message  will  be  repeated  to  Chicago  at  the  kej ,  b.  by 
298  the  nlagnet  d.  and  key  E.  K  that  reverses  U.e 
circuit  in  the  same  manner  as  if  the  linger  ki.y  o. 
were  operated. 


300 

7.  I  do  not  wish  to  confine  myself  to  any  particular 
arrangement  of  the  various  'batteries  ancl  devices 
employed  for  receiving,  transmitting,  etc.,  in  a 
Quadruples  Telegraph.  What  I  claim  is : 

First.  In  a  quadruples  repeater  the  combination 
of  the  two  receiving  instruments  in  one  circuit  with 
the  two  mngnets  and  transmitting  devico  in  the  other 
circuit,  connected  so  that  signals  made  in  ono  circuit 
will  be  repeated  to  the  receiving  instruments  in  the 
other  circuits,  aiid  nice  versa. 

801  _  Second.  In  a  Qnadrnplex  Telegraph  a  main  line  . 

circuit  divided  and  provided  with  local  batteries  and 
circuits  that  operate  the  repeating  instruments,  sub¬ 
stantially  as  set  forth.  ' 

Third.  The  combination  in  a  Qundruplex  Tele¬ 
graph  of  the  regular  receiving  sounder  in  tlio  same 
oircuit  as  the  transmitting  magnet  Hint  repeats  the 
message  upon  the  other  line,  substantially  as  set  forth. 


0.  Of  course  by  closing  the  switch' 41  the  message 
coming  over  the  line  L.  from  Chicago,  nnd  received 
in  M.  will  bo  repeated  to  New- York,  and  the  same 
thing  will  occur  in  relation  to  the  message  receivcu 
in  1)  M.  from  Chicago  if  tlio  switch  43  is  elosed. 
Thus,  one  or  more  messages  may  be  automatically  re¬ 
peated  in  long  lines  without  interfering  with  the  work¬ 
ing  of  the  other  portions  of  the  quadruples  instru¬ 
mental!!  either  direction  from  the  intermediate  station. 


Fourth.  The, combination  in,  a, quadruples  repeat-  .302: 
ing telegraph, 6, f. switches, or  oircuit' connections  for 
dividing  tlio  local  circuits ,  to  allow,  each  qnadrnplex 
line  to  work  independently,  substantially  as  set  forth. 
Signed  by  me,  this  24tli  day  of  February,  A.  D.  1875. 

Thomas.  A.  Edison. 


Geo.  T.  ITnokney, 
Geo.  D.  Walkeii. 


TJ.  Ed  i/an, 

Ihi/ilex  Te/dfrajiJi, 

Filed  Jflar.&s.  Iff 3’. 


THE  ATLANTIC  AND  PACIFIC  TELEGRAPH 
COMPANY  '  . 


against 


GEORGE  B.  PRESCOTT  AND  OTHERS. 


Plaintiff’s  Additional  Exhibits. 


MoDANIEL,  LUMMIS  i:  SOOTHER,  Ptff,  Alt'. 
POUTER,  LOWREY,  SORES  is  STONE,  Deft! 


lislied  July  10,  1874.  It  is  printed  at  pages  430-438. 
Exhibits  T.,  'IV,  T.*  are  the  clieuks  given  by  Mr. 


UNITED  STATES  PATENT  OFFICE. 


Specification  forming  part  of  Letters  Latent ,  No. 

132,032,  dated  November  12,  1S72,  re-issue  No. 

CpjOSj  dated  June  22, 1875,  application  filed  March 

To  all  whom,  it  may  concern  : 

Be  it  known,  tlmt  X,  Joseph  B.  Stkaiixs,  of  Bos- 
ton,  in  tlie  County  of  Suffolk  and  the  Slate  of  Mas-  a 
sachusetts,  have  invented  certain  improvements  ill 
Duplex  Telegraph  Instruments,  and  circuits  therefor, 
of  which  tlie  following  is  a  specification : 

This  invention  relates  to  an  improved  apparatus 
for  the  simultaneous  transmission  of  telegraphic  com¬ 
munications  in  opposite  directions  upon  one  and  tlie 
same  conductor  or  line-wire;  and  it  consists  of  an 
improved  arrangement  of  connections  whereby  the 
receiving  instrument  is  so  placed  tlmt  it  will  not  bo 
affected  by  the  opening  or  closing  of  the  transmitting 
key  at  the  home  stuflon,  while  at  tlio  same  time  it 
will  respond,  to  the  opening  and  closing  of  the  key  at 
the  distant  station.  It  further  consists,  in  tlio  em¬ 
ployment  of  an  electro  magnet  or  other  equivalent 


3  device,  at  the  home  station,  which  responds  to  the 
movements  of  tile  transmitting  key  at  that  station, 
while  it  remains  entirely  unaffected  by  the  signals  re¬ 
ceived  from  tiie  distant  station.  The  first  named  ob¬ 
ject  is  attained  by  placing  the  receiving  instrument 
at  a  neutral  point  or  bridge,  between  the  main  line 
and  an  artificial  line,  each  of  which  proceeds  from  n 
single  point  of  contact  common  to  both,  and  which 
is  connected  directly  to  the  transmitting  lcey  of  the 
same  station.  By  making  use  of  a  series  of  artificial 
resistances  in  conjunction  with  such  contact  point, 
the  resistances  of  the  portions  of  the  main  line  and  of 
the  artificial  line  whieli  lie  between  the  common  con¬ 
tact  point  and  the  respective  points  of  junction  with 
tiie  receiving  instrument,  may  be  60  adjusted;  witlr 
reference  to  each  other,  that  tiie  said  receiving  instru- 
r  meat  will  be  at  a  neutral  point  with  reference  to  the 
electric  pulsations  caused  by  the  opening  and  closing 
of  the  transmitting  key  at  that  station.  The  second 


tion  of  the  current  of  the  main  battery  whenever  the 
key  at  that  station  is  depressed,  ana  which  electro 
magnet  may  be  used  either  to  actuate  a  relay,  or  as 
a  sounding  instrument. 

In  tiie  accompanying  diagram,  one  pole  of  the 
main  battery,  M.  B.,  is  connected  with  the  earth  at 
E.,  and  the  other  with  the  key  K.,  which  is  opened 
and  closed  by  the  operator  when  transmitting  a  com¬ 
munication.  A.  is  the  receiving  instrument,  placed 
Bl||jn  the  bridge*,?.,  and  this  may  be  either  nin  electro  miig- 
lllnet  ora  chemical  insti-mcni,  R.  R.' are  rheostats  or 
artificial  resistances,  and  c.  is  a  movable  arm  or  con¬ 
tact  point,  acting  in  conjunction  with  the  series  of  in¬ 
termediate  resistances r  rrrr.,  to  determine,  by  its 
position,  tiie  proportion  of  the  current  flowing  from 
tile  battery  when  tiie  key  is  depressed,  which  shall 
pass,  respectively,  to  tiie  main  line,  C.  (B  y.,  and  to 
tiie  artificial  line,  C.  zE.,  so  that  tiie  receiving  instru¬ 
ment  in  tiie  bridge  wire,  ,r  ?„  will  he  at  a  neutral 
point,  so  far  as  tiie  effect  of  opening  and  closing  the 
transmitting  key  at  that  station  is  concerned,  and, 
thuetoie,  such  magnet,  A.,  or  oilier  receiving  instru- 
ment,  will  not  respond  to  the  signals  sent  from  that  sta- 
Af  tno?’.?.b!u  ,uollt?ot  Poi'>h  »n  conjunction  with  a 
seiies  of  artificial  resistances  mid  a  key  or  circuit 


aafcasaart^  "* 

sp'r,!.-  sstf gw-* 

torn  lie  currents  set  in  nstton  by  tl.u  k.yutttol 

££b,  sis  v^asr^Hfe 
ejwws!?a?«5  SSPje 

z  K  \  no  current  will*  pass  through  the  *"Y\S  do! 
or  the  receiving  instrument  A.,  if  the  Key 
^practice,  liowuver,  tlio  resistances  ot^Hic^juni^  310 
line,  xy.y  is  found  to  bo  subject  to >  vai  l .  lin«  vo|dablo 
arise  from  defective  insntatwn  niid  otlwr  unwoid  u 
causes,  and  such  variations,  if  not  »  I  jj.  ^  ;t  ;3 
would  destroy  the  proportion  or  >  lt  o  branches 
necessary  to  maintain  between  the  diffi  t  b 

°f  This  “compensation  or  adjustment  is  lwefembly^ 
effected  by  means  of  the  movablo  nrn  t) 

point  C.  iiy  moving  the  point  of  contact  to  „  W  ° 
series  of  resistances  r  r  r  r  i  r,  mu  1,,-jiuch 
resistance  of  the  branch  0.  ®.  to  ll  A  of  ll  1  t  tQ 
O.  z.  may  readily  bo  adjusted,  so  as  to  vely 

tlio  altered  resistanceof  tlio  mam  lino  i.  Y.,  ,  t]us 

to  that  of  the  artilicinl  or  branch  lino  *  E.,  a nd  m nj 
without  difficulty,  a  balance  may  be  lnnmtnm^  ^  gu 
tlio  receiving  instru ment.  If,  now ,  u  rV  wjU 

in  action  by  tlio  key  at  a  distant  stat  on,  «w  i, 

upon  reaching  tlio  point®.,  iiud  two  1  Peitl,er 
it-one  through  B.  and  C,  to  the  earth,  at  « 
direct  or  through  tile  main  battery,  as  the 
be;  and  the  other  through  tlio  bl'idg°  w  1  R  •  to C., 
ceiving  instrument  A.,  and  thence  by*.  >“  t  tho 
where  it  rejoins  the  iirst  mentioned  route 

portion  of  tho  current  also  diverges  at 
and  goes  to  tho  earth  by  the  way  of  this 

but  on  account  of  tlio  nmoli  greater  resistance  uy^^ 
latter  route,  only  a  smnll  portion  of  t  ,yll0  ru. 

rent  arriving  at  x.  will  pass  actuated  by 

ceiving  instrument  A.*  is  cQnsemu-iit  y  ,ju.oUgj|  tlio 


SOe 


812  bridge  wire  x  z„  when  the  key  at  the. distant  station 
is  depressed.  Tho  rlieostat  or  artificial  resistance 
B  >  which  is  placed  in  the  artilicinl  line,  between  the 
point  z.  and  tho  pole  of 'the  main  battery  which  is 
connected  with  the  earth,  may  be  made  adjustable, 
or  tlie  adjustment  may  be  effected  entirely  by  means 
of  the  series  of  resistances  Kr  r  r  r  B. 

For  the  purpose  of  enabling  tho  operator  at  tlie 
borne  station  to  hear  the  signals  sent  by  him,  I  make 
use  of  an  electro  magnet,  B.,  placed  in  tho  artificial 
line  between  tlie  key  and  the  pole  of  tlio  main 
battery,  which  is  connected  with  the  earth,  so  that  it 
portion  of  tlie  current  of  the  main  battery,  after  it 
divides  at  C.,  shall  passthrough  such  electro  magnet 
and  cause  it  to  respond,  and  this  electro  magnet  may 
actuate  a  sounding  or  recording  apparatus,  either 

813  directly  or  by  means  of  a  secondary  circuit. 

Tlie  electro  magnet  B.  may  constitute  a  portion  or 
the  whole  of  tlie  resistance,  which  is  inserted  in  tlie 
artificial  line  between  the  point  z.  and  the  main  battery 
pole  at  E.,  and  tlie  adjustment  of  the  different  re¬ 
sistances  is  in  either  case  made  with  reference 
thereto. 

'  By  the  hereinbefore  described  arrangement,  two 
operators  at  stations  distant  from  each  other  may 
simultaneously  make  use  of  one  and  tho  same  lino 
wire  for  transmitting  different  and  distinct  communi¬ 
cations,  without  either  party  interfering  with  tlio 
signals  of  the  other,  and  such  signals  may  be  indi¬ 
cated  or  recorded  by  means  of  any  suitable  tele¬ 
graphic  receiving  instrument. 

I  claim  as  my  invention  : 


314  1.  Aduplextelegrnph,hnvinga  receiving  instrument 

placed  between  the  main  line  and  an  artificial  Hup, 
and  a  connection  from  the  transmitting  key  to  both 
sides  of  the  receiving  instrument,  so  that  such  re¬ 
ceiving  instruments  may  bo  at  a  neutral  point  with 
reference  to  tho  electric  pulsations  produced  at  that, 
station,  substantially  as  set  forth. 


2.  A  duplex  telegraph,  contniningn  receiving  instru¬ 
ment  placed  at  a  neutral  point,  and  an  electro  mag¬ 
net  in  tho  artificial  line,  substantially  ns  set  forth. 


3.  I  lio  combination  of  the :  receiving  instrument 
with  tlio  resistances  B.  R.'  R.*  in  the  manner  and 
for  the  purpose  set  forth. 


4  The  combination  of  the  receiving  instrument  815 
ami  tlie  resistances  B.  R.‘  R.’  with  a  senes  of  smaller 
resistances,  r.,  ns  and  for  the  purpose  set  forth. 


5.  Tho  combination  of  tlio  receiving  instrument  A., 
with  tlie  electro  magnet  B.,  as  and  for  the  purpose 
set  forth. 


Exhibit  Z.  3. 


,  [USUAfi  HEADING,]  ^ 

Tilt)  object  of  this  invention  is  to  transmit  two  or 
more  messages  over  a  single  wire  at  the  same  time. 

The  invention  consists  in  tile  arrangement  of  a 
chemical  receiving  instrument,  or  instruments,  and 
transmitting  instrument,  wherein  perforated  paper  is 
used  with  batteries,  resistance  coils,  and  other  devices 
to  ensure  duplex  or  qundruplex  transmission. 

.  In  Figure  1  is  shown  a  method  of  duplex  transmis¬ 
sion  with  perforated  and  chemical  paper. 

.  Tim  figure  is  a  sketch  of  the  corresponding  draw¬ 
ing  shown  in  Exhibit  P.,  and  marked  Fig.  1. 

N;  is  tlietransmitting  instrument,  which  consists  of  3 
a  drum,  strip  of  perforated  paper,  and  contact  rollers. 

A  B  0.  nnd  D.  nro  4  batteries  of  equal  power.  A. 
nnd  B.  are  placed  in  the  artificial  line  made  up  by  the 
resistance  coil  It.,  which  has  a  resistance  equal  to 
that  of  the  line,  hr  nearly  so.  The  like  poles  of  tile 
batteries  A.  nnd  B.  are  connected  together,  and  neu¬ 
tralize  each  other,  so  that  no  current  is  produced. 

C.  nnd  D.  are  two  batteries,  both  in  the  main  line, 
with  their  like  poles  connected  together,  and  they 
also  neutralize  each  other,  nnd  produce  no  current. 

When  tlio  short  circuit  formed  by  the  wires  4  and 
fi,_nnd  the  contact  of  the  roller  through  a  hole  in  tile 
slip,  is  broken,  no  current  is  produced  either  in  the 
artificial  line  by  A.  nnd  B.,  or  in  the  main  line  by 
Or  and  D. 

The  batteries  C..  and  B.  are  connected  together 
through  a  helix  X.,  of  the  inductive  mngnet  Q.,  by 
the  wire  8  8 ;  between  the  batteries  C.  and  B.  is  con¬ 
nected  a  wire  Z.,  to  the  chemical  receiving  instru¬ 
ment-  M.,  and  thence  to  the  ground.  This  connec- 
,  tion  is  shown  more  plainly  in  Figure  St. 

.  The  figure  is  a  sketch  of  the  corresponding  draw¬ 
ing  shown  in  Exhibit  P.,  and  marked  Fig.  2. 

As  the  4  batteries  do  not  generato  any  current,  the 
chemical  receiving  instrument  is  free  to  record  signals 
from  the  distant  station  S.,  wliilo  these  signals  are  . 
being  recorded.  If  the  batteries  B.  nnd  C.  are  short 

circuited:  ( sen  Fin-  1  Mm  i,nssnm>nfn  contact  roller 


■/ 


324  currents  is  destroyed.  Tlio  battery  D.  sends  a 

reSini  ’In"*8  '  tl0<.  li,,ei t0,  tb,e  distant  chemical 
recording  instrument,  and  the  battery  A.  sends  a 
current  ot  equal  Strength  through  .tire  artiliciai  lino 
„.s,  lpS»wls  «»  receiving  instrument  M.,  the 
cmrent  from  D.  tends  to  pass  tlirough  it  in  a  direction 
opposite  to  that  from  A.,'  as  is  shown  in  Figure  3 

inJshmf,'.11;?  of  t,us  corresponding  draw- 

mg  shown  in  Exhibit  P.,  and  marked  Fig.  3. 

Hence,  if  the  two  batteries  are  equal  no  effect  will 
d”eP8i°^nl!:dr  '  .'yh'd'  will  continue  to  record 
l  fi  l  li  '71  tho  distant  station.  Tlie  current 
unonin  i'.t  S°  p!Ul3  °':el'.fl10, nmin  Hie,  and  record 
distant  t'  a  T  m,li,rly  connected  at  tho 

wire  'coin,?,S  17  1TrT  i,!S  t0  PiS"le  1.  that  in  the 
a  helice  o  a  Vo *  battuncs  p:  «»d  B.  is  included 
fnl  current  vvl.e°(i°  n}aS“'3t.  which  receives  a  power- 

i™ rre* — — « 
shortIScm-rem'nSr  I!**1  f<?''  Hla  l”"P^o  of  sending  a 
recorder  Jf  \vhen  A^aml^r)1  l10,lgh  tho  cllemi“al 
another  curivnf  «f  «»  '  •?.*  ^H01110  actl™»  and 

become  if.-icfin.  °JLiU/i  °l>Poslte  polarity  when  they 
effect  of  the  * le  l)lJrl10S0  neutralizing  the 

»  s&feassisft 

removed,  the  iron  W 10,1  ^,0  s^ort  is 

Of  the ,  ojjposit?  poffit;  is  se;S^a,,d  a  °“™“ 
messngesover  t1ies°unoVh'Ut-10H  °f  se"ding  the  two 

the  same  time,  one  bv  revirtni"  '?  ??me  direction  nt 
tlie  other'  by  a  oarren\ana 

ingsliolvn  in  Exhibit*  P*  (Cand*  market?!Figf  4”^  draw  - 

positivoanl'negs^h^ currents orer'thbwh^!  sun— nS 


°*  Perto‘' “tors  are  used  ;  tlie  top  row  827 
b  d/m  i  l a  p?slr  ve  ?“n'Bat  over  tlie  wire  from  the 
bntteiy  4  and  5,  while  tile  bottom  row  transmits 
negative  enrrents  over  tlie  wires  from  tlie  batteries  3 
stvlns  fi  ewrents,  -passing  down  the 

tim  V  f  ;  tie  chemical  recording  instrument  B.,  at 
tile  ton8"1  st1atl?n  }'ec0,d  tllB  characters  punciied  in 
™™!.?iPsl0W’  T)u7'Vrllun„'.1  noSatree  current  is  sent,  no 
recoid  is  made  at  B.  Tins  second  row  of  holes  also 
nNnw  11°  ?resorv?  the  continuity  of  tlie  circuit,  and 
current*0  traas,nltter  D-  to  “'crease  and  decrease  tlie 

in  h7wiii’1Vi'0tidea  t!iat  2'-oind  wire  is  connected 
in  between  the  two  sets  of  batteries,  2,  3,  and  4,  (5. 

1  he  battery.4  have  100  cells  ;  battery  5,  125  cells  <?2fi 
so -arranged,  that  when  not  short  circuited  by  D 28 
lfcl'iP?3  r  ?oh.  otlla1',  100  colls  ia  *•  neutralizing 
100  coils  m  5,  leaving  only  25  cells  to  furnish  current 

terios  2  ami  13  ^  out  with  thu  hat- 

ireTrre1  3’  s?.tllat  "r|le"  the  transmitting  pens  10 
;U'°,not  111  contact  with  the  drum,  the  short 
™  «  b,:okua>  aad  partial  neutralization  of  butte- 
25tif  70n’^°a',l,1S  bUt  oetls  connected  to  0,  and 
Tlie  current  from  cither  of  these  batteries  is  in- 
sufficient  to  make  a  mark  on  either  recording  point 
7  v  ,Ul?  },ow  resistance  of  tlie  shunt  R. 
and  magnet  if.,  but  the  positive  current  from  5  of  05 
ce  s  will  bo  sufficient  to  record  on  B.  If.  now  the 
thalmH°)  10'<tOt  *?'  .°0mu  ia  contact  with  tlie  drum, 
the  batteries  3  and  4  art)  “short  circuited,”  and  the  320 
O  wim  lfwrn,  °r£  nlUTU'lt3  al?PPcd,  lienee  both  2  and  3 
0  will  not  with  full  power,  1.  e.  125  cells,  and  this  will 
H?»  rt"?llMjr?t|lBr*ct  at  B.  than  to  increase 
.dipt"  of  the  colors  of  tho  marks,  hut  the  increased 
cuiiont  wdt  be  powerful  enough  to  allow  n  portion 
to  S  S  I-  across  the  paper  to  13,  and  thence 

«im’ii° '-^“n3  i3.as'CBtch ot  the  corresponding  drawing 
shown  m  Exhibit  P.,  and  marked  Fig.  0.  D  S 

r  *??  1,1  line  With  each  other,  but 
vuy  close  together,  the  record  will  be  as  in  Fig.  0.  • 


830  The  figure  is  a  sketch  ot  the  corresponding  drawing  . 
shown  in  Exhibit  P.,  and  marked  Pig.  0.  . 

Tlie  double  pens  12  and  13  may  be  dispensed  with, 
if  a  peculiar  chemical  paper  is  used,  such  as  a  decoc- 

nrf  ®''nzil  wood  and  a  nitrate  or  chloride  of  an 
alkali ;  for  then  it  does  not  make  any  difference 
whether  oxygen  or  hydrogen  is  evolved. 

A  mark  is  obtained,  certain  combinations  with 
pyrogallic  acid,  lame  and  gallic  acid  will  give  the 
same  result.  b 

Ill  Figure  7  is  shown  a  method  of  transmitting 
four  messages  over  a  single  wire  at  the  snrno  times 
two  in  one  direction  and  two  in  another. 

!s.?.!¥ch  °l tllQ  corresponding  drawing 
shown  in  Exhibit  P.,  and  marked  Pig.  7. 

331.  Tim  connections  for  transmitting  are  precisely  ns 

are  all"'!1?'5'  4’  ^  11  ,s“‘  ot  «W  InlSSEnta 

;  “  f0‘‘  receiving  from  the  distant  station  at  the 

|t  t0‘  “  1  ,Iless»gcs  are  sent  to  the  distant 

in  Hl,',fi?,.mCliivi"g  l,,?tru,l"°nts»  A-  a,ldB-.  are  placed 
iusted  hV  /P  'vllB,ol:  a  Wheatstone  balance,  nndad- 
7|“  usual  .way.  “s  hi  duplex,  so  that  tho 
hem,1  1  U“  outgoing  currents  from  S  3  4  5  are 
balanced,  and  produce  no  effect  on  A.  and  13. 
Jfoise  instruments  are  also  inserted  in  the  bridge 
battm-ies Saga!!tr"S;  ""'l  kuj's  nlH  “ranged  with  tile 
reversed  nr  it,  °  !lt  “1°  1  s,atl?n>  so  that  they  may  be 
miffing  '  uuas“d  antl  decreased  also  for  sig- 

332  S  r  "Plu  duP.lux', t0  bo  worked  with  my  present 

832  ffiSKSK SftWS’.W 10  “ 

B  11.,  a  resistance  to  regulate  the  shunt.  ’  * 

"tive  charge  to  balnnco  the  static  charge  of  the  line" 


R.‘  Is  the  resistance  used  to  create  an  artificial  lino.  83. 
C.  is  the  shunt  magnet  used  for  neutralizing  or  com¬ 
pensating  for  the  static  charge,  due  to  the  passage  or 
the  current  from  the  distant  battery  over  the  line. 

Figure  0  shows  a  condenser  X.  in  the  bridge  wire, 
to  obtain  a  more  powerful  compensation  for  tho  dis¬ 
tant  current. 

Tlie  figure  is  a  sketch  of  tho  corresponding  draw¬ 
ing  in  Exhibit  P.,  and  marked  Fig.  0. 

I  will  mention,  that  any  of  my  various  methods i  of 
producing  a  compensation  for  the  static  charge,  bo 
at  the  receiving' or  sending  ends,  may  be »PP “J ° 
the  transmitting  and  receiving  instruments,  m  tlie 
chemical  duplex  and  quaduplex  above  described. 

I  shall  probably  claim  ;  83 

1st.  The  use  of  balanced  batteries  in  ^  chemical 
duplex  or  qnndruplex,  when  the  balance , is  desti°wd 
or  partially  destroyed  by  contacts  contiolled  by  per 
fomted  paper. 

2d.  Transmitting  positive  and  negative  currents  over 
a  wire  bv  a  double  row  ot  perforations  and  two 

versals  mdependeiit  of  tension,  and  the  otner  g 
record  by  rise  and  fall  of  tension. 

4th.  In  a  chemical  receiving 
two  recording  stylus  side  by  side  or  7  i  s  bv  n  rise 
other  and  close  together,  to  ieooid sig 'aly}L l”, 
mnd  fall  of  tension,  when  the  currents  ate  ixing 
staidly  reversed. 

-  eth.  In  a  chemical  duplex  or  V^jgjx^SS 

rent  by  miignetio  iuduotiou. 

0th.  Tho  combination  of  two  chemical  recording  m- 


“sHSS;“a 

creasing  the  strength  of  the  san>5  lnC,eaS,nS  nnd  dl-" 

f  ^asshowhi^pj.  &nplwc'  trans-  ' 

.  T.  A.  Edison. 


UNITED  STATES  PATENT  OFFICE. 

rIS£Sf;“!  S=»  §™S'/„"r 

IMPKOVKmunt  WnBBWjW.,,10  BHDORDMO 

^SSSiSSS&St  «**  ** 

338  2b  «ZZ  fo  whom,  it  may  concern : 

in  "the  County  o^Es  Jv°aml  si  ?disof\°f  Newark, 
have  invented  an  iSv*,,,  ”18  ^’-Jersey, 

R  0  1  fei  I  nts  a  [{  hoM'lodhH?™1?1'1? 1,1  Ic 
to  be  a  correct  description  thereof  :  *5  declared 

paper in’dots'ancl  dashls  huldc  at'tfe"?0" f  ?tlip  oI 

ft  frS5?2? 

M“  rak»s  ”'"»i  ™»<ii js  ussusssjw 


apply  ink  to  the  periphery  of  said  roller  when  in  S 
contact.  .... 

In  the  dm  wing,  Figure  1,  is  n  side  view  of  the 
motor,  and  the  parts  moving  the.  inking  apparatus, 
and  Figure  2'  is  an  elevation  of  the  ink  recording 
device. 

The  motor  which  I  prefer  and  employ  consists  of 
four  helices,  a.  a .,  acting  upon  a  revolving  armature 
snstainedby  the  shaft  &.,■  theelectricnl  pulsations  to  the 
magnets  passing  through  the  circuit-closing  springs 
d.  3.,  from  a  locnl  battery,  and  the  fan  e.  and  point 
/.  acting  to  regulate  the  speed,  as  in  my  patent  JSo. 
111,112,  granted  January  24,.  1871. 

The  inking  wheel  A.  is  driven  at  a  rapid  speed  by 
tlie  glaring  k.  to  the  shaft  2,  and  said  wheel  A.  Is  in 
contact  with  tlie  inking  drum  in.,  that  lias  an  elastic 
surfnce,  saturated  sufficiently  with  ink  to  keep  the  g 
edge  of  the  wheel  A.  in  proper  condition,  this 
wheel  It.  is,  by  preference,  made  of  hard  rubber. 
The  strip  of  paper  passes  around  the  roller  «.,  being 
kept  in  contact  by  the  pulley  p.  and  spring  g.,  anti 
the  roller  n.  is  driven  at  u  sufficiently  slow  speed  by 
tlie  pinion  3,  gearing  into  the  wheel  r.  on  the  sliatt  4 
of  said  roller  n.  The  pulsations  of  electricity  to  be 
recorded  pnss  through  the  electro  magnet  either 
directly  on  the  main  line,  or  through  a  branch  circuit 
or  local  relay.  ,  ,  . 

The  armature  0.  is  upon  the  lever  t,  and  the 
weight  is  balanced  by  a  spring,  it.  or  otherwise,  and 
at  (Tie  end  of  the  lever  I.  is  the  ink  recording  roller 
v.  In  the  normal  position  the  spring  it.  keeps  this 
roller  ».  in  contact  with  the  wheel  ft.,  but  n  pulsation 
of  electricity  in  the  magnet  draws  down  the  lolloi,  3 
making  a  mark  upon  the  paper,  and,  according  to  the 
duration  of  the  pulsation,  so  the  ink  mark  will  he  ft 

The  periphery  of  the  roller  a.  sliould  be  of  ns  great 

"length  as  the  longest  dash,,  and  tlie  moment  tlie  mag¬ 
netism  censes  toliold  down  the  roller  the  same 
Hies  up  into  contact  with  tlie  wheel  ft.  to  receive 
more  ink,  and  the  speed  of  the  wheel  ft.  should  be 
such  ns  to  revolve  the  roller  v.  once  each  tune i  it 
comes  In 'contact  therewith,  nd  matter  how  rapidly 
the  pulsations  are  sent.  Air  mkmg  bnnd  m  ght  te  - 
poso  between  the  roller®,  and  paper,  but  f  p.iefei 
the' device  shown. 


./ 


342  electro  magnet,  and  acting  to  impress  ink  upon  a 
forffi  pftper  111  dots  and  dashe8>  substantially  asset 

h"  in  comb<nation  with  the 
forth*!  *"  1  0  C  '°  lnnsnet  substantially  as  set 

tion  wm.intn!TS  ivh(eel  ll'  nnd  roIler  »•>  in  combina- 
tion  will,  the  electro  magnet  s„  for  moving  said 
wheel  i,  „n£ith°  "'“Snetio  motor  for  actuating  the 
forth1  d  PaRBr  I'oller  substantially  as  set 

Signed  by  me,  this  12th  day  of  August,  A.  D. 


UNITED  STATES  PATENT  OFFICE, 
in™  ,^l)IS0,«r'  ot  Newark,  New  Jorsey,  As- 
?ashington,"D  C  “  GE0,!0E  of 


Specification  forming  part  of  Letters  Patent  Wo'. 
id4,808,  dated  January  14,  1873. 

4  To  all  whom  it  may  concern  : 


irt  of  Letters  Patent  Wo'. 


. wio  uuonsuy  ot  tl 

tj.ac  rendering  it  unnecessai 
that  draws  back  the  arrnatm 
the  magnet  itself  is  adjusted 


unnecessary  to  adjust  thespring 
H1.mat,V0’  baoruuo  the  power  of 
s  adjusted  so  as  to  maintain  uni- 


Electro-Magnetic  Adjuet 


tenuity  in  the  same,  and  consequently  preserve  tlio  3' 
proper  relations  between  the  force  of  the  spring  and 

‘’iSXn^^ablo  connection  between  the 
real' ends  of  the  cores,  and  thereby  vary  tlie  magnetic 

tlii-rw  will  be  but  little  power  m  tlio  coiu  even  wlien 

‘I'0 1'el^ci8 KS 

sSfflfc  £  r?  x°p  M 

elec?ro*magnet  l§''lessening  tlio  conductor  that  unites 
with  my  improvement, -and  Figure  i  is  a  sic 

tlio  same  partially  ill  section.  f  lR,li(.es 

latns-  llle  ?”  „/?;£'  to  lie  adjusted  for  varying  its 

ss&R  ss*:  -sashes 

between  the  parts.  Ibis  adjust^ .is s0 

the  ends  oltlie  tens  e.,  as  syo  y  doUed  liues  m 

a  partial  contact  as  unis  magnet 

jnster  The  ante  effect  is  P  in  t  & 

or  less  into  contact 

with  each  other  by  the  screw  l. 

I  claim  as  my  invention  : 

jSSSSSSrS^ 

as  set  forth. 

Signed  by  me  this  8th  day  of  May,  18  <2. 
b  3  T.  A.  Edison. 

Witnesses:  .  •  ■ 

Geo.  T.  Pinckney, 

On  as.  H.  Smith. 


UNITED  STATES  PATENT  OFFICE. 

niPKOVlSMEST  IN  KKLAY  MAGNETS. 

SPw™°%£y'mfn0  P!‘rt  °f  Lell<™  Patent  No 
MarJ/ilt,  1S73.  application  filed 

lo  all  whom  it  may  concern : 

me,,ts>  of  *Woh  the^oll'owing  is* a^pmHcatioii'f trU" 

that  the  adjustment  nf '  •It  IS>  however,  fouiitl 
the armature  a .  d I  e bn ^  ni.u ’nf tl,,lt  draw  b:lok 
by  the  spark  are  bo , ,,•<•?.« ir  5  °{  tl  u  “ontact  points 
My  piWnMnvent  on  h XST?1  a,,,“V“»<M. 
points  burning  out  and  fori™:  v°‘  P^onting  the 
the  retractile  iu-mnture spring  d,n®  ndjustmul,t  «! 

irf  micHs*  ZS  Z'T  tP°i,lt3  wItW“  a 

motion  of  one  contTct  mn  water*  80  that  tho 
from  the  otl  ra  ses  -  ,,  .  10  ,to-  or  f  tl  i 

in  the  telegraph  line  and  onor?  tho  e!?ot,io  tension 

without  town  in-  i  -  a  4,sta,lt  magnet 

m  In  the  draw  inn-  KIT  .br<-‘a!«»S  the  circuit. 

e.  in  one  direction,  and  byUte sP‘inS 
.  I  lie  circuit  cup  a  is  mmln  t, .  111  tl,u  other, 

ine,  or  other  suitable  “nuk/  S"1  \vat<;lVglycer. 
screw  or  point  i.  connected^ witl.I?iith®  bot-tolM  *3  tho 
and  the  movable  point  orserew  7  VU-U,t  Yil'°  *•> 
the  lever/.,  «  connected  wltlUheoK"^  tl!''ougl‘ 
m-  extending  to  tile  distant  ma-net »  °“‘Cmt  WIre 


T.  A.  EDISON. 
Relay  Magnets. 


The  buttery  r.  is  in  the  circuit  to  the  magnet  n.,  Si 
:nnd  it  will  now  be  understood,  that  by  adjusting  the 
point  l.  nearer  to  or  farther  from  i.  the  'proportion 
•of  current  passing  to  the  magnet  n.  can  be  adjusted 
so  that  when  the  point  l.  is  moved,  by  the  magnet  a., 
nearest  to  ■/.,  the  current  from  r.  will  be  suliiciently 
powerful  to  energize  the  magnet and  draw  down 
its  unnature  U.;  but  when  the  circuit  to  the  magnet 
c.  is  broken  at  the  key  a.,  or  otherwise,  the  move¬ 
ment  of  the  point  l.  away  from  t.  will  lessen  the 
tension  in  the  circuit  k  m.,  by  the  resistance  of  the 
intervening  liquid,  and  weaken  the  power  of  the 
electro-magnet so  that  its  spring  or  weight  t.  will  s 
draw  away  its  armature. 

The  movement  of  the  armature  u.  may  be  mado 
operative  in  effecting  any  desired  telegraphic  opera¬ 
tion  to  which  it  is  adapted.  I,  however,  employ  the 
same,  especially  as  a  sounder,  and,  m  that  case,  the 
battery  r.  and  circuit  k  m.  are  local. 

I  am  aware  that  contact  points  within  a  liquid, 

'  such  as  oil  or  glycerine,  hnve  been  employed  in  the 
circuit  breaker  of  an  electric  engine.  In  my  improve¬ 
ment  the  circuit  is  not  broken,  but  the  relay  magnet, 
or  sounder,  is  operated  by  rise  and  fall  of  tension, 
and  the  contact  points  are  adjustable,  instead  of  vary- 
ing  the  armature  spring  of  the  magnet. 

I  claim  as  my  invention : 

Tlie  adjustable  contact  points  acting  within  a  li¬ 
quid,  in  combination  with  the  helix,  armature  and 
spring  of  a  sounder  or  relay,  as  set  forth. 

Signed  by  me  this  7th  day  of  March,  A.  D.  1873. 

Thomas  A.  Edison. 

Witnesses  : 

Q-eo.  T.  Pinckney, 

Ciias.  H.  Smith. 


UNITED  STATES  PATENT  OFFICE. 

Thomas  A.  Edison,  of  Newark,  New-Jersey,  As¬ 
signor  to  himself  ami  George  Harrington,  of 
Washington,  D.  C. 

IMPROVEMENT  IN  ELEOTRIO  TELEGRAPHS. 
Specification  forming  part  of  Letters  Patent  No. 
147,311,  dated  February  10,  1874,  application 
filed  July  20,  1873. 

Case  82. 

To  all  whom  it  may  concern  : 

Be  it  known,  that  I,  Thomas  A.  Edison,  of  New¬ 
ark,  in  tlm  County  of  Essex  anil  State  of  New-Jersey, 
have  invented  an  improvement  in  Electric  Tolegra phs, 
of  which  the  following  is  a  specification : 

In  cables  and  long  telegraph  lines  there  is  a  limit  to 
the  speed  with  which  perfect  signals  can  be  transmitted 
and  received,  whether  the  receiving  instrument  con¬ 
sists  of  an  electro-magnet,  a  galvanometer,  a  relay, 
or  a  chemical  telegraph  instrument.  This  limit  in 
speed  arises  from  the  fact,  that  the  moment  the  lino 
or  cable  is  charged  by  the  battery  being  connected,  a 
static  charge  is  instantly  set  up,  which  is  in  an  opposite 
direction  to  the  dynamic  charge,  and  the  tendency 
is  to  defer  the  reception  of  the  Bignal  at  the  distant, 
station,  and  at  the  moment  of  breaking  the  battery 
connection,  the  static  charge  disperses  by  dividing  at 
the  centre  of  resistance,  ana  going  in  both.dircctions,. 
one  part  going  to  the  ground  at  tho  transmitting  sta¬ 
tion  in  a  direction  opposed  to  the  battery,- and  the 
other  part  going  towards  the  receiving  instrument  in 
the  same  direction  ns  the  previous  current  from  the 
battery.  This  electrical  condition  is  of  suflioient'du- 
ration  to  render  the  signals  unintelligible  at  the  re¬ 
ceiving  instrument  after  a  certain  speed  is  attained. 
The  time  of  discharge  is  direotly  proportioned  to  the 
resistance  at  tho  points  of  discharge  at  the  ends  of  the 
line,  and  tho  result  is,  that  the  speed  of  the  instru¬ 
ments  is  limited  to  the  speed  with  which  tho  line  will 
free  itself  through  the  channels  aforesaid. 


•  My  invention  relates  to  the  discovery  of  a  method  357 
-of  neutralizing  the  effects  of  the  static  charge  in  any 
length  of  lino  or  cable  by  balancing  tho  e  ectric 
forces,  and  the  discovery  of  a  point  of  no  electric 
.tension  or  zero,  ns  regards  the  static  charge,  so  tunt 
the  receiving  instrument,  when  located  at  that  point, 
will  bo  operated  by  the  rise  of  tension  produced  by  a 
pulsation  that  is  connected  at  such  receiving  instru¬ 
ment,  and  made  as  instantly  and  definitely  operative 
as  the  pulsation  given  at  the  transmitting  station. 

I  obtain  this  point  of  no  tension  by  forming  at  tho 
receiving  end  an  artificial  line,  having  an  equal  or 
nearly  equal  resistance  and  electro-static  capaci  ty  or 
copacity  for  producing  static  charges  as  that  of  tne 
cable  or  land  line,  and  connect  tins  with  the  line 
or  cable,  nud  place  between  the  cable  and  the  ar-  . 
tificial  line  the  receiving  instrument,  which  hence  is  3oB 
tile  centre  of  resistance  and  static  accumulation. 
When  this  balanco  is  obtained,  the  signals  are  re¬ 
ceived  perfect,  and  the  rapidity  is  governed  only 
by  the  strength  -of  the  battery.  . , 

The  artificial  line  is  made  with  an  adjustable 
rheostat ;  liquid  in  a  tube  is  preferable.  I  connect 
between  tho  receiving  instrument  and  the  earth  one 
or  more  condensers,  or  other  accumulators  of  static 
electricity,  which  are  made  adjustable  by  having 
them  in  sections,  and  bringing  one  or  more  sections  in 
or  out  by  a  switch,  so  as  to  increase  or  decrease  the 
static  charge  from  tho  artificial  cable.  It  may  also 
be  done  by  placing  a  very  high  adjustable  resistance 
coil  between  one  leaf  of  tho  condenser  and  the  arti¬ 
ficial-lino.  I  maintain  a  very  low  resistance  between 
the  line  and  tho  ground  at  tho  transmitting  station, 
so  as  to  discharge  the  static  current  at  this  end  as  359 

which  I  prefer  is  to  keep  my  trans¬ 
mitting  battery  in  circuit  at  all  times,  and  include  in 
the  same  circuit  another  battery  of  equal  power  with 
opposite  poles,  so  that  when  both  are  in,  there  is  no 
current  generated,  and  the  resistance  of  the  wire  to 
earth  is  no  more  than  the  resistance  of  the  battery. 

Tho  transmission  of  a  pulsation  is  made  when  the 
circuit  is  closed,  through  the  -perforation jn  the 
paper  or  otherwise,  so  as  to  short  circuit  or  shunt 
the  neutralizing  battery,  and  send  a  current  upon  the 
line.  The  current  at  the  receiving  paper  is  shunted 


-  - 


'SCO  equal  resistance,  which  the  chemical  receiving  paper 
does  not  give,  owing  to  being  more  damp  in  one 
place  than  another. 

In  balancing  the  resistance  and  static  current,  the 
resistance  o€  the  instrument  is  to  bo  added  to  the  line, 
and  tile  resistance  of  tile  two  equalized  by  the  same 
amount  of  resistance  in  tho  artificial  cable  or  line. 
If  tlie  receiving  instrument  is  out  of  the  centre  of 
resistance  toward  tho  line,  the  pulsnlions  will  be 
weakened  by  the  static  charge  acting  ugninst  tho 
pulsation  ;  but  if  the  instrument  is  toward  the  artifi¬ 
cial  cable  on  the  other  side  of  tho  zero  point,  the 
signals  or  characters  will  be  slightly  prolonged, 
owing  to  the  static  charge  discharging  in  the  same 
direction  as  the  current.  It  is  at  tills  point  that  I 
Sul  prefer  to  place  the  instrument,  because  by  placing 
an  electro-magnet  in  the  shunt  of  tho  receiving  instru¬ 
ment,  I  obtain  enough  counter  discharge  from  that 
magnet  to  cut  off  this  prolongation  locally,  and  this 
discharge  from  the  magnet  will  not  interfere  with  the 
line,  but  has  only  a  local  effect  on  the  receiving 
instrument  to  prevent  tailing  on  the  chemical  paper. 

In  the  drawing,  Figure  J  illustrates  my  invention 
in  the  form  that  I  find  most  generally  available.  The 
batteries  a.  and  b.  are  connected  m  opposite  posi¬ 
tions  ;  tile  positive  poles  being  toward  each  other,, 
and  the  negative  poles  connected  to  the  ground  g. 
and  lino  Z.,  respectively.  The  transmitting  instru¬ 
ment  e.  is  in  a  circuit,  d.,  to  the  battery  b.,  in  which 
circuit  cl.  is  a  resistance  c.  When  the  circuit  d.  is 
broken,  the  two  batteries  a.  b.  neutralize  oncli  other, 
302  and  there  is  no  charge  sent  on  the  line ;  but  when  the 
circuit  fZ.  is  closed,  through  a  perforation  in  the 
paper,  or  by  a  key,  or  otherwise,  tho  battery  b.  is 
short  circuited,  and  the  battery  a.,  being  unbalanced, 
sends  a  pulsation  on  the  line.  The  artificial  line,  be¬ 
tween  the  receiving  instrument  f.  and  tho  earth  g.\ 
is  made  by  introducing  a  resistance,  or  rheostat,  at 
r.,  preferably  a .  tube,  containing  liquid,  with  adjust- 
able  points,  I  his  rheostat  is  made  to  balance  or 
equal,  or  nearly  so,  the  resistance  of  tlie  line  Z.,  and 
tlie  instrument  /.  and  the  condenser  s.t  or  other  ac¬ 
cumulator  of  static  electricity,  is  of  a  cnoacitv  to 
about  equal  that  of  the  lino  j  hence,  the  receiving  in¬ 
strument  will  occupy  a  zero  or  neutral  point,  in  re- 
the  .static  oliarge,  from  which  tho  static 
chaiges  will  discharge  both  ways  to  g.  and  g.‘  The 


T.  A.  EDISON. 
Electric-Toiegraphs. 

No. 147  311.  Patented  Feb.  10. 1874. 


condenser  or  accumulator  s.  should  bo  in  sections,  « 
to  bring  in  a  greater  or  less  number  o£  sections  by 
switches.  When  the  receiving  instrument  is  cliomi- 
cal,  tho  paper  is  preferably  prepared  tar  .^lPP|nS 
a  solution  of  at  least  one  pound  ot  iod  do  ot  potns- 
sium  in  one  gallon  o£  water,  to  which  is  added  a 
small  quantity  of  Hour.  This  paper  cannot  bo  naim 
tained  at  uniform  moisture  ;  lienco.  i  s 
the  passage  of  electricity  varies.  X  ns  is  compensated 
for  dv  the  shunt  circuit  L,  in  which  is  a  resistance, 

it.,  sufficient  to  direct  the  necessary  amount  of  elec- 
tricity  to  the  paper  to  make  the  mark,  and  allow  the 

.i«» .» —aarftS 

the  chemical  paper,  and,  at  ®->T\  }*Xhe  seen  that 
electro-magnet  for  this  purpose.  It  'w  ^  fc 

this  electro-magnet  will  discharge  itself  u  itlnn  a  slioi  t 

aR3W$Ftf3gl!r5 

intermediate  artificial  l.no.  -'W  ’the 

reactionary  magnets,  with  bmn  ««  j  branch 

HisHssarS 

rheostat.  7,  ia  introduced,  in  addi- 

to  t?Si.  rhSffi, »»  syiSfiK  B5d£ 

I  claim  as  my  invention : 


80w 


3  -An  nrtificml  lino,  between  the  receiving  instrument 
and  tile  earth,' to  balance  the  resistance  ancl  static 
charge,  or  nearly  so,  at  botli  sides  of  the  receiving 
instrument,  substantially  as  set  forth. 

Signed  by  me,  this  23d  day  of  April,  A.  D.  1873. 

Tiros.  A.  Edison. 

Witnesses : 


UNITED  STATES  PATENT  OFFICE. 

-!V-  Edison,  of  Newark,  New-Jorsey,  As- 
1 i n ° t oil ' "d  c'1  " ^  Gl;0I!GK  Harrington,  'of 

IMPROVEMENT  IN  ADJUSTABLE  ELECTItO- MAGNETS 
FOB  RELAYS,  &C. 

To  all  id7iojh  it  may  concern  .* 

-imm mm 

ii mwm. 

sarifs-Wi-ta 


"IB  .  - .  v;*.  .  v _ * _ T*  „  >  ■>  ,yi  .  ~  ■ 


T.  A.  EDISON. 

Adjustable  Electro-Magnet  for  Relays.  &c. 
No.  160,405.  PiteondMerch2.il 


J  _.:L-  J- 


avoiding  the  adjustment  ot  the  magnet,  or  the  parts  809 

th!  mako'  use  ot  a  shunt,  or  branch  circuit,  connected 
at  botli  sides  ot  the  electro-magnet,  and  in  that  shunt 
I  place  a  regulator,  composed  of  several  helices  or 
resistance  coils,  connected  to  each  other  and  to  cir¬ 
cuit  pins,  and  employ  an  arm  that  can  be  revolved 
unoii  a  centre,  and  bring  into  the  shunt  greater  or  less 
resistance,  and  thereby  directing  the  proper 

aUowfng'tlm'romaiiider  to  pas^thiwi^'th^shunt 

The  shunt  regulator  contains  the  resmtanco  coils 
6.  &.,  connected  to  each  other  through  t'  o  ciicu  t 
pinsc.  c.,  in  the  centre  ot  which  is  the  pitot  a.  o£  379 

U  The  line  F.  is  connected  through  the  megnet  a 
and  by  the  shunt  wires  g.  with  the  pivot  d.,  and  inst 

°°If  tiie  arm  e.  is  turned  so  as  only  to  include  one 
coil  b.  in  the  shunt,  the  resistance  will  be  hut  little 
and  most  ot  the  current  will  pass  by  the  shunt,  and 
but  little  through  the  electro-magne a., .  and  by  turn- 
ing  this  arm  any  desired  number  of  coils  0.  n  ill  be 
included  in  tlie  shunt,  so  that  as  the  res  stance  in¬ 
creases,  so  tlie  proportion  of  tlie  current  duected 
through  tlie  nincnot  (i*  will  incriiftSB  ulso. 

I  do  not  claim  a  rheostat  or  adjustable  resistance 
in  a  shunt  circuit  to  regulate  the  current  passing 
through  a  chemical  receiving  instrument. 

I  do  not  claim  a  shunt  around  an  electro-magnet  371 
with  a  resistance  that  is  not  variable  and  serves  to 
lessen  tlie  injury 'to  the  contact  points. 

I  claim  as  my  invention : 

The  variable  resistance  b.,  placed  in  a  shunt 
circuit,  in  combination  with  an  electro-magnet  for 
equalizing  action  of  tlie  current  in  electro-magnet, 
and  dispensing  witli  the  spring  adjustment,  ns  set 

°  Signed  by  me,  this  23d  day  of  April,  A.  D.  1873. 

J  Tuos.  A.  Edison. 

Witnesses : 

Guo.  T.  Pinckney, 

Ciias.  H.  Smith. 


Georges  T>’  Tnfreville,  Direct . 

Re-direct. . . 
Re-cross. . . . 
Re-direct. . . 
Re-cross.... 

Thomas  A.  Edison,  Direct . 

Cross . 

Re-direct... 
Re-cross.... 
Re-direct. . . 
Re-cross.... 

Chase  U.  Harrington,  Direct . 

Cross . 

.Tosiah  C.  Reiff,  Direct . 

Cross . 

Giovanni  P.  Morosini.  Direct - 

Cross . 

Henry  Van  Hovenbnrgli,  Direct. . 


Georges  D’  Infreville,  Recalled . . . 

Cross . 

Re  direct. . . 
Re-cross.... 
, Tosiah  C.  Reiff,  Cross-examined. . 

Re-direct... 
Re-cross . . . 
Re-direct. . . 

.Edward  H.  Johnson,  Direot . 

Cross _ 

Re-direct. . . 


JN.  Y.  SUPERIOR  COURT. 


The  Atlantic  and  Pacific  Tele-  ) 
graph  Co.,  f  ■ 

against  f  397 

George  B.  Prescott,  and  others.  1 


The  issues  in  this  case  came  on  to  be  tried  April 
19,  1877,  before  Hon.  C.'F.  Sand  ford,  and  continued 
on  trial  during  the  remainder  of  the  term. 

Mr.  J.  H.  B.  Latrobe,  Mr.  E.  P.  Wheeler,  Mr. 
Leonard  Myers,  Mr.  R.  W.  Russell  and  Mr.  Wyllys 
Hodges  appeared  for  the  plaintiff. 

Mr.  B.  V.  Butler  was  afterwards  associated  us 
counsel  in  the  cause. 

Mr.  John  K.  Porter,  Mr.  E.  R.  Dickerson,  Mr.  39S 
G.  P.  Lowery  and  Mr.  G.  W.  Soren  appeared  for 
the  Western  Union  Telegraph  Company. 

Mr.  B.  W.  Huntington  appeared  for  the  defend¬ 
ant,  Prescott. 

The  suit  has  been  discontinued  as  to  the  defend¬ 


ant,  Edison. 

The  defendant,  Serrell,  did  not  answer  the  com¬ 
plaint. 

Mr.  E.  P.  Wheeler  opened  the  case  for  the  plain¬ 
tiff. 

He  then  put  in  evidence  Exhibits.  A  and  B,  of  399 
which  copies  are  annexed  to  the  complaint. 

Exhibit  A  was  recorded  in  the  U.  S.  Patent  Of¬ 
fice,  January  11, 1875,  in  Liber  Y,  18  ;  page  258  of 
Transfers  of  Patents. 

He  also  offered  in  evidence  Exhibits  C  and  D,  of 
which  copies  are  annexed  to  the  complaint.  The 
same  were  not  received  in  evidence  until  a  later 
period  of  the  trial. 


Mr.  Wiiui'xwt  then  init  laevulence  Ex  ibit  TC.,a 

power  of  attorney  Horn  Edison  to  Go  W  dated 
January  4th,  187(5,  and  recorded  m  tl  e  P  '  en  O'ilce 
liber  H.  18  p.  400.  It  was  acknowledged  on  the  day 

ltS!  Sl.it  F,  an  agreement  between  Prescott  ^ 

-  H.  -I-  **> -gj- 

which  was  not  admitted,  but  would  bcpio.ul  lieie 
11  f  Ailo,  Exhibit  I,  dated  January  23d,  18.(5,  a  let- 

.^SSSS:^^  Edison  to  Prescott, 

dated  January  23d,  1877.  nll  llssjgn- 

zsprszxf&J" . — « 

ll' Also,"  an  assignment .  tom  »n  *»*“£*£ 

!'•  !‘f’  un'u'ssi'gnment  from  Mills  to  the  plaintiff, 

A  -  ’  l  f,.  lanunrv  11th,  187(5,  acknowledged  on 

s-FSsm . : 

Ex.  N.  .  M  thatouek.  the  commis- 

S  J.y>cided  March  20th, 

"’f.13,,  "  marked  Exhibit  0.  . 

Also, 


and  111  to  118,  both  inclusive.  Cases  04  to  100  are 
dated  August  10th,  1874,  and  were  all  filed  in  the 
patent  oflicu,  September  1st,  1874.  Case-  111  is' 
dated  January  18th,  187/5.  Case  112  is  dated  De¬ 
cember  14th,  187-1.  Case  118  is  dated  February 
24th,  187/5.  Case  112  was  iiled  Dec.  28th,  1874. 
Case  118  was  iiled  March  23d,  187/5.  The  date  of 
filing  of  case  111  is  not  mentioned, 

Mr.  Wheeler  called  as  a  witness  on  behalf  of  the 


plaintiff-.  .  "  —  oeaaV  or  c,,e 

Cteoiiok  S.  D’lKFitKViM.K,  who  having  been  duly 
sworn,  testified  ns  follows : 

Q.  Where  do  you  reside  ?  A.  New  York 
Q.  What  is  your  business  2 
A.  I  am  employed  by  the  Atlantic  and  Pacific 
telegraph  Co.,  as  electrician. 

Q.  How  long  have  you  been  an  electrician  ? 
vein's 1  COUlllU,t  Say  but  for  about  ten 

Q.  Where?  A.  In  this  country  and  in  France, 
y.  During  that  time,  to  what  subject,  if  any,  have 
your  studies  and  attention  been  principally  di¬ 
rected  ?  A.  More  generally  to  telegraphy. 

Q.  Have  you,  in  the  course  of  those  studies,  be¬ 
come  acquainted  with  the  different  systems  of  tel¬ 
egraphy  that  are  in  use  in  this  country  and  in 
Europe  ?  A.  YeS,  sir ;  so  far  ns  I  know.  . 

Q.  Wlmt  system  of  telegraphy  was  chieily  in  use 
in  this  country,  in  1870? 

G  i  TheMorae  system,  certainly;  I  don’t  know, 
but  at  that  time  there  had  been  some  duplex  system 
on  the  1  rnnklin  line ;  I  don’ t  think  they'  were  usinJ  ' 
it  on  tlm  Western  Union  Line,  hut  they  were  nrob 
ably  experimenting ;  I  know  that  some  duplex  lmd 
been  working  before  that  time,  between  New  York 
SmerSt°n’  ^  Mr-  Sh‘"rns  a"a  Moses  G. 

Q.  I  understood  you  to  say  that  tim system  chief¬ 
ly  in  use  was  the  Morse  system  ?  A.  Yes,' sir' 


Q.  Will  you  state  to  the  Court  very  briefly,  the 
principal  features  of  the  Morse  system  ? 

A.  In  the  Morse  system,  as  it  is  used  in  America,  . 
a  circuit  which  is  called  a  close  circuit,  is  used  be¬ 
tween  the  main  stations.  In  this  circuit  they  insert 
a  main  battery,  keys  for  breaking  the  circuit 
and  receiving  instruments  which  they  call  relays. 
Those  relays  work  a  local  circuit.  This  is  an  im¬ 
portant  feature  in  the  iMor.se  system— the  local  cir¬ 
cuit.  The  Morse  system  is  worked  differently, 
however,  in  Europe. 

Q.  Under  the  Morse  system  as  it  was  m  uso  in 
this  country  in  1870,  how  many  messages  ueie 
sent  at  one  timo  over  a  given  wire  ? 

A.  That  depends  very  much  on  the  °Pe,1,t01'  . 

Q  I  do  not.  ask  how  many  words  would  be  sent 
in  an  hour,  but  whether  you  could  send  more  than 
one  message  at  a  given  time  over  the  same  wire 

a  No  sir ;  no  more  than  one.  4 

«;  I.,,;,  „  .mm  •*»** 

”a  tI, ****** » e-  •'*»■• 
o.n. 

t  £&  m  principnl  «-«-  * 

sidered  by  those  who  have  tried' to  improve  the  fast 
ra  smission  of  messages,  has  been  to  merer . tl » 
cap  tty  f  the  wire  to  discharge  quicker  than  it 
would  under  ordinary  circumstances.  ,  i 

Q  Wlmt  do  you  mean  by  discharging  the  wire  . 
t  When  they  work  on  aMorse  wire  thespeed  i 

nnd'°an  ‘"automatic  recoSer  at”  the  receiving 
end-a  chemical  one  for  instance,  beam*? ’the ^hem- 


clogged  with  electricity.  I  would  illustrate'  this  by 
comparing  it  with  a  water  pipe,  for  instance.  In 
the  Morse  system  wo  would  send  a  series  of  pulsa¬ 
tions  or  masses  of  water  through  a  water  pipe. 

Q.  That  is  when  you  pressed  your  piston  at  one 
end  of  the  pipe,  the  result  would  be  transmitted  to 

410  the  water  at  the  other  end  ? 

A.  I  would  say  more  distinctly,  I  would  send  one 
gallon  for  a  dot,  and  two  gallons  fora  dash  through 
the  lines.  It  takes  a  certain  time  for  those  quanti¬ 
ties  of  water  to  pass  through  the  line  from  one  end 
to  the  other.  Now,  if  you  send  them  in  succession 
quicker  and  quicker,  the  line  will  remain  charged 
with  water,  and  water  will  be  received  at  the  dis¬ 
tant  end,  and  there  will  be  no  certain  and  distinct 
message  received. 

Q.  That  is  to  say,  before  tile  one.signnl  lias  been 
recorded,  the  others  will  have  come  so  quickly 

41 1  after  it  that  it  will  run  into  the  first  ? 

A.  Yes,  sir,  but  I  would  say  each  gallon  of 
water  is  sufficient  to  fill  the  whole  pipe— a  thin 
pipe — if  I  send  them  in  succession.  In  the  auto¬ 
matic  system  the  object  is  to  charge  and  discharge 
tlie  line  after  each  signal,  enabling  them  to  carry, 
in  a  given  time— say  one  second — ten  dots,  when 
under  ordinary  circumstances  it  would  only  have 
carried  one.  To  illustrate  the  automatic  system, 
suppose  you  have  a  pump  at  the  sending  station — 
an  additional  pump,  besides  the  transmitting  one, 
and  after  pumping  away  the  water  entirely  from 
the  pipe,  it  will  be  ready  to  receive  another  im- 

412  pulse.  This  is  done  by  an  electro-magnet  or  con¬ 
denser  at  the  transmitter,  and  also  at  the  rein  ring 
end,  in  the  automatic  system. 

Q.  As  I  understand  you,  then,  one  of  the  practical 
difficulties  that  was  found  in  carrying  the  automatic 
system  into  practice  was,  that  the  signals  iis  they 
were  received  at  the  receiving  station,  became  con¬ 
fused—  they  ran  into  each  other.  That  is  so  ? 

A.  Yes,  sir. 


Q  Then  one  of  the  first  things  that  was  clone  in 
order  to  enable  more  signals  to  be  transmitted  in  a 
minute  than  could  bo  transmitted  unto  the i  Mo.se 
s\ stem  uas  to  provide  a  device  by  which  the  elec 

tricity  should  not  accumulate  on  the  u lie,  so  that 
the  signals  as  received  „t  ™mg  41> 

ZS  'X“‘  >*•  *► 

t-riritv  from  accumulating  on  the  who. 
ca1,,  disci  argo  it  quicker,  to  a  certain  extent,  which 

acisss: 

on  the  transmission  of  a  dasli,  "hid'1  j  =  ° 

mil,  than  in  the  transmission  of  a  dot, 
short  one  ( 

n  hut’  in  every  case,  the  device  has  for  its  ob-  .■  U 
jeet  tbe  freeing  of  the  line  from  this  electric  cl.a.ge 
before  anotliersignal  comes  ( 

A.  Yes,  sir. 

The  Court.— Before  another  charge  is  applied  1 

&  jsi'w  — >» 

•TSS- SW  « *» 

.Tine  system  they  would  not  know  what  you 
»  ris,  however,  described  in  Dnmoncels 

b°J  Is  it  classed  as  an  automatic  system!  41 

^  perforated on  pnpCT. 


Q.  It  has  to  be  prepared  by  operators  who  are 
trained  lor  that  purpose?  A.  Yes,  sir. 

Q.  And  a  machine  is  employed  in  the  perfora¬ 
tion?  A.  Yes,  sir. 

The  Court.—  It  is  an  entirely  independent  process 
from  that  of  transmission  ? 

A.  Yes,  sir. 

The  Court—  I  suppose  it  may  be  done  fifty  miles 
away. 

A.  Yes,  sir,  and  it  can  be  done  at  the  same  place 
where  it  is  transmitted ;  while  they  are  perforating 
a  strip  of  paper,  the  same  piece  may  go  on  to  the 
instrument;  this  is  important,  because  it  connects 
the  duplex,  in  a  certain  measure,  witii  the  quadru¬ 
ple  x  system;  in  the  multiplex  system,  for  in¬ 
stance,  which  is  used  in  Paris,  France,  a  message  is 
sent  by  key  boards  by  each  writer  simply,  and  a 
41!  commutator  passes  around  very  rapidly  and  col¬ 
lects  the  messages. 

•  Q.  What  you  call  the  commutator  is  called  a 
wagon  ? 

A.  You  can  call  it  a  circular  wagon  if  you  like. 

The  Court. — There  is  nothing  to  hinder  two  dif¬ 
ferent  parties  from  having  their  own  code  of  sig¬ 
nals,  perforating  them  as  they  please,  and* which 
no  one  but  themselves  can  understand? 

A.  Certainly. 

Q.  Now,  when  the  message  lias  been  prepared  for 
„  transmission  in  the  way  which  you  have  described, 
liow  is  it  transmitted— what  is  done  to  it  in  order  to 
transmit  it? 

A.  It  is  transmitted  by  machinery,  that  is  to  say, 
a  band  of  paper  will  take  the  place  of  tile  key  of 
the  operator  for  breaking  and  closing  the  circuit  ;  I 
would  not  say  breaking  entirely  the  circuit,  because 
it  is  not  always  broken;,  in  the '  Little  system  the 
circuit  is  never  broken;  tlieiv  is  a  continuous  cir¬ 
cuit  all  through  on  account  of  these  devices  which 


I  spoke  of  before,  which  are  used  to  increase  the 
capacity  of  the  line-to  charge  and  discharge  the  ' 
wins  quicker.  The  band  of  paper  is  used  m  the 
place  of  the  key  of  the  operator,  and  it  passes  be¬ 
tween  a  little  metallic  drum  and  a  little  metalic  roll¬ 
er,  single  or  double,  according  to  the  system,  am. 
when  the  paper  passes  between  the  little  roller  anil 
and  the  drum  no  signal  passes,  it  suspends  the  our 
rent.  When,  tor  instance,  a  dot  comes,  then  it  al¬ 
lows  the  roller  to  touch  the  drum,  and  a  metalic 
contact  is  made  and  the  current  is  complete. 

Q.  How  m-e  the  messages  recorded  under  this 
system,  at -the  receiving  station? 

‘  \  In  what  is  called  the  Bain  system  of  chemical 
telegraphy,  it  is  to  set  a  metallic  peri  which  may  be 
of  phitina,  or  iron,  or  some  other  metal,  which  rubs 
against  paper  chemically  prepared,  say  «i  h  a  so- 
lution  of  ferro-cynnideot  potassium;  and  below  the 

paper  is  a  metallic  drum,  which  is  connected  with  4.20 

'  the  ground,  for  instance,  and  the  paper  being  wet, 
the  current  passes  from  the  hue  to  the  pel.  and 
through  the  paper,  when  the  current  is  allow  t 
lo  come  from  tlm  distant  station,  and  in 
pa  ing  through  the  )  P«  '  '  Ul \ 

on  it  or  a  black  mark,  acccordmg  to  the  solatia l  , 
providing  it  lias  been  transmitted  in  a  proper  man¬ 
ner  from  the  distant  station.  M  ith  some  so 
lutions  the  current  i  t  be  t  .  “ed  from  o 
1,1,1  „  make  a  blue  mark  on  the 

STJSi*.  — *,»•  “ 

°n  tl,fi'theriVwav  S°The  dtein'i’cal  solution  421 

tern,  and  some  others.  ,  „„„  mni  Is  called 

Q.  Among  others  is  there  not  one  that  is  called 

the  Wheatstone  ? 


A.  Yes,  sir ;  that  is  used  now  in  England;  al¬ 
though  in  that  telegraph  the  recording  is  not  made 
chemically  ;  it  is  made  by  an  electro  magnet  at  tho 
end. 

Q.  In  that  respect  it  differs  from  the  Little  sys¬ 
tem  that  you  have  been  describing  by  the  way  in 
422  which  the  message  is  recorded  at  the  receiving  sta¬ 
tion  2 


423  ' 


A.  Yes,  sir;  the  message  is  recorded  as  in  the 
Morse  system,  not  exactly,  but  by  an  electro  mag¬ 
netic  device,  which  is  made  to  work  very  last  by 
using  especially  an  electro  magnet,  which  is  very 
rapid  in  its  action,  and  it  records  it  with  ink  as  in 
the  Morse  telegraph. 

Q.  It  makes  a  mark  on  the  paper  on  which  the 
message  is  recorded  2  A.  Yes,  sir. 

A.  It  is  an  ink  mark  instead  of  an  embossed  one? 

A.  Yes,  sir;  Morse  had  a  system  which  I  luive 
1  011  racord,  in  which  ho  describes  some  process  to* 
make  marks  on  the  paper.  I  think  Morse  lind  in-  ' 
vented  some  process  of  recording  by  ink  on  paper, 
though  I  am  not  positive  about  it. 

Q.  Have  any  improvements,  been  made  by  Edi¬ 
son  upon  this  Little  system  of  nuloniutic  tele¬ 
graphy  2 

A.  Well,  I  know  it  only  by  hearsay ;  I  have  seen 
Ins  patent.  Io  take  the  patent  as  it  is  he 
has  made  an  improvement  in  automatic  telegraphy 
1  mean  to  say  personally  I  cannot  say  who  lias 
made  those  inventions. 

Q\  Yo,,l  don’f- k,1Q"'  Amt  he  has  made  those  in- 
4-4  ven trails,  but  you  know  they  are  made  under  pat¬ 
ents  issued  to  Edison!  1 

A.  Yes,  sir  ;  there  has  been  a  good  deal  of  dis¬ 
pute  among  inventors  about  these  inventions.  Mr 

“  is  w'-'* 

p]Q.?  Now,  what  is  the  duplex  system  of  telegra- 
A.  The  duplex  system  of  telegraphy  is  a  method 


to  transmit  the  messages  in  opposite  directions  at 
the  same  time,  over  tho  same  wire. 

Q.  Ts  there  not  also  a  duplex  telegraph  which 
sends  two  messages  in  the  sanie  direction,  over  tho 
same  wire,  at  the  same  time  2 

A.  In  the  English  telegraph  they  do  not  call  this 
a  duplex  telegraph,  they  call  it  a  double-sending ; 
they  call  duplex  telegraph  a  method  of  transmit¬ 
ting  two  messages  in  oppositedirectionsat  the  same 
time. 

The  Court. — The  term  duplex  is  not  applied  un-  4or, 
less  it  runs  in  opposite  directions. 


Mr.  Lowery.— The  witness  has  not  said  that. 

The  Witness.— 1  know  that  sometimes  Mr.  Edi¬ 
son  has  used  the  words  duplex  telegraph  for  this 
method  of  sending  messages  in  the  same  direction 
over  the  same  wire.  • 

Q.  Will  you  mention  some  of  the  names  of  some 
of  the  svstems  or  improvements  in  which  this  has 
been  accomplished— the  sending  of  two  messages 
on  the  same  wire  in  opposite  directions  at  the  same 


A.  It  lias  been  done  for  the  iirst  time  by  Gintl, 
un  Austrian,  in  Germany,  who  worked  a  private 
line  at  Vienna.  It  was  done  subsequently  by  Sie- 
men  and  Halske.  It  was  also  done  by  Mayer,  a 
Prussian,  in  Berlin,  in  18(13. 

Q.  And  by  Mr.  Steams  in  this  country  2 
A  It  lias  been  improved  by  Mr.  Stearns;  and 
practically  worked  in  this  country.  It  lmd  been 
worked  practically  for  several  years  in  Holland, 
between  Amsterdam  and  Rotterdam. 

Q.  And  it  1ms  also  been  improved  by  Edison  2 

•  G  Will  you.  state  to  the  Court  the  principal 
features  of  the  mode  which  is  adopted  in  this 
country  for  this  duplex  transmission  2 
A.  There  are  many  systems  of  duplex;  I  refer 


42  G 


42 1 


428 


429 


430 


to  one  more  in  practical  use— the  genuine  features 
wliicli  belong  to  nil  systems  of  duplex  nits 
aimed  to  nimble  one  to  transmit  a  signal  to  a 
distant  station  without  affecting  the  receiving 
instrument  at  the  home  station.  I  do  not  see  any¬ 
thing  else  which  is  peculiar  to  the  whole  system. 
Each  system  carries  it  in  its  own  manner. 

Q.  Each  system  accomplishes  this  result  in  its 
own  way  ?  A.  Yes,  sir. 

Q.  But  this  is  the  general  object  to  be  attained  1 

A.  Yes,  sir. 

■  Q.  The  providing  of  some  device  by  which  the 
signal  which  is  transmitted  will  not  affect  the  re- 
•  ceiving  instrument  at  the  station  from  which  it  is 
transmitted! 

A.  Yes,  sir. 

Q.  What  is  the  quadruplex  system  of  tele¬ 
graphy  ? 

A.  This  name  of  quadruplex  has  been  given  to 
the  combination  of  two  systems— the  duplex  sys¬ 
tem  and  the  double  sending  system.  The  Germans 
have  no  name  'for  the  quadruplex.  They  liavo  a 
double  and  a  counter  or  duplex  combined.  I  could 
take  any  double  sending  system  and  duplex  it  in 
many  ways. 


Q.  The  double  sending  system,  as  you  cull  it, 


and  its  you  think  the 


u  applicable,  i: 


the  system  by  which  two  messages  are  sent  in  the 
same  direction  at  the  same  time  over  the  same  wire? 

A.  Yes,  sir. 

Q.  And  the  duplex  system  is  that  by  which  they 
are  sent  in  contrary  directions  over  the  same  wire  at 
the  same  time?  A.  Yes,  sir; 

Q.  And  the  combination  of  the  duplex  and  the 
double  sending  systems  makes  a  quadruplex  sys¬ 
tem?  A.  Yes,  sir. 

Q.  AVere  therejmy  duplex  or  quadruplex  tele¬ 
graphs  m  general  use  prior  to  the  4th  of  April, 

A. /There  are  two  systems  described  in  1803  hr 
the  Journal  of  the  Austrian  Telugrupli  Union ;  a 


system  by  Huron  ;  a  system  by  Scliaff,  and  also 
in  Schollun,  a  method  of  duplex  and  double  send¬ 
ing  by  Bowlin. 

Q.  AArere  these  systems  that  you  have  spoken  of 
in  general  use  before  April  4th,  1871?  A.  No; 
they  were  not  in  use. 

Q.  They  laid  been  devised  ? 

A.  They  had  been  used  in  laboratories,  and  had  431 
given  results ;  but,  however,  I  would  state,  that 
the  speed  of  transmission  was  slow,  but  for  the  first 
time  a  system  of  quadruplex  has  been  worked  in 
America,  at  full  speed,  full  Morse  speed. 

The  Court.— When  ?  A.  I  saw  the  report  for  the 
first  time  in  the  Times. 

Q.  You  first  knew  of  it  in  1873  or  1874?  A. 

1874.  I  think. 

The  Court.— It  was  not  in  general  use  prior  to 
that  time?  A.  No,  sir. 

Q.  As  I  understand  you  there  was  no  duplex  or  432 
quadruplex  lelegraplisin  general  use  prior  to  April 
4 111,  1871  ?  A.  Duplex. 

Q.  Yes,  sir.  A.  I  would  not  say  about  duplex ; 
there  were  some  duplex  in  use ;  I  don’t  know  that 
they  ever  suspended  the  working  of  the  duplex  in 
Holland,  for  instance. 

Q.  It  was  not  in  general  use  in  this  country  prior 
to  April  4th,  1871  ?  A.  Duplex? 

Q.  Yes,  sir.  A.  I  think  it  had  been  in  use  in  the 
Franklin  Company. 

Q.  It  was  not  in  general  use  in  1870  ?  A.  I  . 
couldn’t  tell.  In  the  year  1870  I  was  not  in  this 
country. 

Q.  You  came  hero  in  1871?  A.  Yes,  sir.  433 

Q.  AVlion  you  came  here,  ns  I  understand  you,  it 
was  used  to  some  extent  on  this  particular  Frank¬ 
lin  Line,  but  was  not  in  general  use  throughout  the 
cbnntry  ?  A.  It  was  not  generally  used— certainly 


' 


/ 


MM.-V-.-'.  .  “i-Z-H-'-'-.i  ..  .ty;,  sv.. 


92 

Q.  Whoso  duplex  was  it  that  was  used  in  tlio 
Franklin  lino? 

A.  It  was  tlie  Siemen-IIalske  system  improved 
by  {Stearns. 

Q.  This  qnadrnplex,  of  which  you  lirst  heard  in 
1874,  and  of  which  you  have  spoken,  was  reputed 
434  to  bo  the  invention  of  Edison,  was  it  not  ? 

A.  Yes,  sir;  he  told  me  that  himself. 

Q.  You  have  examined  the  applications  for  pat¬ 
ents  and  the  specifications  and  drawings  annexed  to 
these  applications  which  are  in  question  in  this 
suit.  Look  at  the  application— Case  99,  and  state 
what  are  the  distinctive  features  of  the  invention 
described  in  that  application  ? 

A.  The  chief  feature  of  this  invention  is  to  send 
0110  of  the  messages  by  a  reversal  of  the  current, 
and  to  send  the  other  message  by  increasing  this 
current  whatever  it  may  be. 

Q.  Ey  increasing  and  decreasing  it? 

A.  Well,  decrease  as  soon  as  you  finish  your 
signal. 

Q.  Then  the  signals  are  produced  by  the  increase 
in  the  strength  of  the  current,  and  cease  when  it 
decreases  ? 


w 


A.  On  one  of  the  instruments.  I  would  state 
very  distinctly,  that  two  perfectly  independent  in¬ 
struments  are  used  for  receiving  ;  one  of  the  instru¬ 
ments  responds  to  the  direction  of  the  current. 

Q.  That  is  to  its  being  positive  or  negative? 

A.  \es,  sir;  the  other  instrument  responds  to 
the  increase  or  decrease  of  this  current ;  that  is  an 
important  feature  in  double  sending,  and  so  far  as 
I  know  is  new. 

Q.  What  is  the  effect  of  the  automatic  systum  of 
telegraphy,  which  you  have  described,  upon  the  ca¬ 
pacity  of  the  wire  to  transmit  signals? 

A.  The  effect  of  the  devices  which  are  used  by  Mr. 
Edison  and  Little  in  their  automatic  telegraph  is  to 
discharge  the  line  after  each  signal,  to  enable  it  to 
receive  the  next  signal  quicker  than  it  would  if 
such  means  had  not  been  resorted  to  ;  consequently, 


08 

ill  my  opinion,  the  capacity  of  tlio  wire  itself  has 
been  increased  ;  I  would  say  that  I  believe  that  the 
automatic  system  increases  the  capacity  of  the  wire 
more  than  the  doithlu  sending  or  qnadrnplex,  be¬ 
cause  the  device  is  used  in  the  automatic  system 
applied  to  tlio  line,  while  in  the  duplex  and  double 
sending  the  devices  are  made  to  correct  on  the  in¬ 
strument  the  trouble  produced  on  the  line ;  there  43t 
is  no  aim  in  duplex  or  double  sending  to 
discharge  the  line ;  there  is  a  purpose  to  cor¬ 
rect  on  the  instrument  the  trouble  which  the 
line  produces  on  it.  For  instance,  if,  by  the  du¬ 
plex,  or  double  sending,  or  qnadrnplex,  I  can  send 
in  one  second,  four  dots,  and  if,  by  the  automatic, 

I  can  charge  and  discharge  my  line  quick  enough, 
so  as  to  make  tlio  four  dots  pass  through  that  line  ; 

I  think  I  have  increased  the  capacity  of  the  line 
to  receive  more  messages  than  it  would  otherwise. 

Q.  In  other  words,  by  these  devices  that  are  em¬ 
ployed  in  the  automatic  system,  the  capacity  of  the 
wire  to  transmit  a  signal  is  increased  ?  ^gg 

A.  Yes,  sir;  I  mean  the  capacity  to  do  a  certain 
work. 

Q.  The  capacity'  of  the  wire  to  do  a  certain  work 
is  increased  ?  A.  Yes,  sir. 

Q.  That  is  the  automatic  system?  A.  Yes,  sir. 

Q.  What  is  tlio  effect  of  the  duplex  sy'stem  on 
the  capacity  of  th.e  wire  to  transmit  signals  ? 

A.  Well,  according  to  the  popular  term,  it  in¬ 
creases  the  capacity'  of  the  wire,  and  in  a  scientific 
term,  it  increases  the  capacity  of  the  wire,  also  ;  but 
this  is  attained  by  other  means  ;  it  is  attained  on 
the  instrument. 

Q.  That  is  on  the  duplex  system,  you  are  hot 
obliged  to  employ  these  devices  for  discharging  the 
wire  ?  A.  No,  sir.  439 

Q.  You  increase  the  capacity  of  the  wire  by  your 
ability  to  employ  two  instruments  at  tile  same  1  imo  1 

A.  Yes,  sir  ;  I  would  sny,  to  give  the  proof  of  it, 
that  in  duplex,  for  instance,  in  some  of  the  in¬ 
stances  you  can  send  two  dots  promptly,  and  at  the 


04 

same  end,  anil  they  will  be  recorded  at  both  ends, 
and  there  will  not  be' an  atom  ot  current  on  the 
wire.  It  is  true 'that  yon  could  cut  the  wire  and 
both  signals  will  bo  recorded  at  both  ends ;  I  do  not 
mean  that  the  transmission  could  take  place  after 
cutting  the  wire  ;  1  mean  while  the  operators  are 
pressing  the  keys. 

440  Q,  That  is,  you  mean  that  if  while  the  opera  tors 
at  each  end  are  pressing  the  keys  by 
which  they  transmit  tile  signal,  if  the 
wire  were  (ait,  the  signals  which  they  had  trans¬ 
mitted  would  be  recorded  at  that  end,  the  trans¬ 
mission  being  practically  instantaneous ;  is  not 
that  it? 

A.  There  is  no  question  in  my  mind  about  the 
instantaniety  of  the  current;  you  could  keep  the 
key  down  all  day,  and  the  long  dash  would  be  re- 
•  corded  all  day  at  both  ends,  but  not  in  all  systems 
of  duplex. 


The  Court : — It  would  cease  with  the  severance  of 
the  wire  ?  A.  Yes,  sir. 

The  Court : — You  suppose  it  would  he  impossible 
to  discriminate,  it  might  be  done  so  instantane¬ 
ously  as  to  be  impossible  to  discriminate  the  period 
at  which  the  severance  was  done  ? 

A.  I  don’t  say  that  as  soon  as  an  operator  lifts 
his  hand,  his  signal  would  be  no  more  recorded, 
because  at  the  home  station  the  dash  would  con¬ 
tinue  when  it  should  not  continue. 

Q.  The  recording  instrument  at  the  receiving  sta¬ 
tion  is  set  in  motion,  and  records  the  signal  in  the 
way  you  have  described  ?  A.  Yes,  sir. 

!  Q.  Just  as  in  your  illustration  with  the  cane 
when  both  persons,  each  holding  his  end  of  the 
cane,  and  each  pushing,  an  effect  is  produced  at  the 
other  end,  although  the  cane  is  not  moved  oither 
way?.  A.  The  effect  is  in  your  brain  in  that  case. 

Q.  Does  any  of  these  systems— the  automatic,  or 
the  duplex,  or  the  quadruples,  increase  the  velocity 
of  the  electricity  ?  * 


A.  Well,  it  is  very  difficult  to  tell,  but  I  think  in 
a  certain  measure  the  use  or  an  electro-magnet  in 
the  automatic  system  in  a  short  circuit,  forces 
the  current  a  little  faster  than  it  would  otherwise, 
but  I  am  not  positive  about  that. 

Q.  Practically  it  does  not? 

Objected  to.  443 

A.  I  think  it  does  increase  it,  because  it  gives  a 
•  great  tension  to  the  current;  and  it  is  very  well 
known,  and  the  experiments  on  the  speed  of 
electricity  show  that  when  there  is  a  low  tension 
on  the  battery  at  the  transmitting  end,,  the  speed  is 
less  than  when  a  battery  of  a  very  high  tension  is 
made ;  and  the  effect  of  the  electro-magnet  in  the 
automatic  system  is  to  substitute  a  current  of  high 
tension  for  a  current  of  lower  tension  at  the  battery 
itself.  I  would  say  that  in  automatic,  the  signal 
is  forced  through  the  line  quicker  than  it  would  be 
otherwise. 

Q.  AVliat  would  bo  the  effect  in  the  other  system  444 
of  increasing  the  tension  of  the  battery  at  the 
transmitting  station?  A.  Well,  in  double  sending 
when  you  increase  the  current  the  tension  certainly 
increases  too,  and  for  the  same  reason  the  current 
will  go  faster  over  the  line.  There  is  something 
which  will  go  faster  anyway,  because  the  wave  of 
electricity  which  has  passed  in  that  case,  1ms  more 
amplitude ;  the  undulation  of  the  wave  is  more  per¬ 
fect,  and  the  particles  of  matter’liaving  more  dis¬ 
tance  to  run  in  the  same  time  will  be  obliged  to 
make  it  faster. 

■The  Court: 

Q.  AVliat  do  you  mean  by  the  particles  ot  mat-  445 
ter ;  wlmt  is  your  theory  of  electricity  ? 

A.  No  one  knows  exactly  what  electricity  is ;  but 
it  is  very  well  known,  that  it  is.not  the  transporta¬ 
tion  of  matter.  Nothing  is  transported  from  one 
end  of  the  wire  to  the  other.  It  is  generally  no- 


cepted  that  this  is  a  molecular  vibration  from  mo¬ 
lecule  to  molecule,  and  it  is  shown  by  practical  ex¬ 
periment  that  it  is  an  nndnlatory  movement,  those 
waves  of  electricity  having  been  recorded  on  the 
Thompson  Siphon  Recorder  on  the  Cable  ;  and  I 
know  Sir  W.  0.  Thompson  and  Jenkins,  have  en¬ 
deavored  to  pat  to  practical  use  an  automatic 
440  curb  sender. 

Q.  As  I  understand  you  then,  your  theory  of  the 
electric  current  is  that  it  is  a  wave  motion — an  un- 
dulatary  motion  imparted  to  the  molecules  in  the 
wire  along  which  it  is  transmitted  1  A.  Yes.  sir. 

Q.  it  is  similar  in  that  respect  to  the  wave  theory 
of  light,  is  it  not  1  A.  Yes,  sir. 

Q.  In  this  quadruplex  system  of  Edison,  how 
does  the  number  of  signals,  which  can  be  trans¬ 
mitted  in  a  minute,  compare  with  the  number  of 
signals  which  can  be  transmitted  in  the  Morse  sys¬ 
tem  2 

A.  Well,  that  depends  very  much  on  circum- 
^  stances,  and  on  the  length  of  the  circuit. 

Q.  That  is  to  say,  yon  have  a  Morse  circuit,  or  a 
given  length,  and  you  have  a  circuit  of  the  same 
length  operated  by  this  quadruplex  system, 
with  the  four-transmitting  instruments  all 
in  operation  at  the  same  time;  now  I  ask  you 
how  the  number  of  signals  that  will  be  transmitted 
under  those  circumstances  in  a  given  time— say  a 
minute — by  the  foiir  transmitting  instruments  on 
the  quadruplex  system— how  will  that  number  of 
signals  compare  with  the  number  of  signals  trans¬ 
mitted  on  the  Morse  system  ? 

A.  It  would  be  four  times  as  much. 

Q.  Do  you  mean  by  that  answer  four  times  as 
448  many  signals  in  the  same  time,  under  similar  cir¬ 
cumstances  2 

A.  I  mean  four  times  as  much  work  would  be 
done ;  I  mean  four  times  more  signals. 

Q.  Have  you  examined  the  applications  for  pat¬ 
ents,  and.  the  specifications  and  drawings  annexed 


to  those  applications  that  are  in  question  in  this 
suit  1 

A.  I  have  examined  all  those  that  are  in  the  Om¬ 
nibus  Bill. 

Q.  Is  any  one  of  the  inventions  described  in  these 
specillcations  and  drawings  applicable  to  automatic 
telegraphy  1  A.  Yes,  sir. 

Q.  Which  of  them  2 

A.  For  instance,  in  Ho.  07  duplex  telegraph  the 
bridge  system,  with  a  battery  in  each  branch  of  the 
bridge.  In  number  00  to  a  certain  extent,  claim 
first  could  be  applied  to  automatic  telegraphy;  I 
mean  the  method  of  sending  one  of  the  signals  in 
the  double  current  system,  and  the  other  signal  by 
e  B  nd  decreasing  the  current. 

Q.  That  is  applicable  to  automatic  telegraphy  2 
A.  Yes,  sir ;  I  have  seen  the  manner  in  which 
it  is  done ;  I  don’t  say  that  you  could  use  at  the 
receiving  station  that  peculiar  instrument  which  is 
to  record  the  Morse  signal,  but  the  transmitting  ap¬ 
paratus  could  be  exactly  the  same  as  it  is. 

Q.  The  receiving  apparatus  would  be  adapted  to 
the  chemical  system  2 

A.  The  principle  of  the  patent  in  tile  first  claim 
could  be  applied  to  automatic  telegraphy. 

.  Q-  How,  if  this  chemical  mode  of  recording  the 
signals  were  employed,  you  would  employ  at  the 
receiving  station,  instead  of  the  mode,  which  is 
there  designated,  this  chemically  prepared  paper 
which  you  have  described  2 
A.  Yes,  sir ;  or  some  other  kind  of  paper.  There 
are  •many  kinds  of  solutions  which  could  be  used. 

.  Q.  That  general  mode  of  recording  the  message 
would  be  employed  2  A.  Yes,  sir. 

Q.  Could  that  same  principle  be  applied  to  the 
Wheatstone  telegraph,  in  which,  ns  you  state,  the 
mossago  was  not  recorded  on  chemically  prepared 
paper! 

A.  I  don’t  think  so,  because  the  signals  are  made 
by  the  chnnge  of  current,  by  using  one  of  those  do- 


UCUB,  but  the  other  part  is  not  used  in  the  Whent- 
lf0,1°  system— increasing  or  decreasing  the  current 
Oiw  of  the  pints  is  used  mid  the  other  is  not 
Q.  In  that  system,  that  part  of  the  application 

Tt  'Sth  of  "8i"!!m,sinS  snd  deceasing  the 
strength  of  the  current  is  employed » 

452  vetnl  nr  V,?'®  °tl,er  l?u*-H,e l"* in  which  the  re- 
lersal  of  the  current  is  used. 

«  v  ;s:r 

SlLo®  t  woU  M0]’1 0r1,,, " 

"  *  ,,  l,eie<!ening  or  recording  instruments? 

A.  X  os,  sir  ;  1  think  it  is  the  same  rl....: 

“XiL1""” . tar^ass 

Q.  When  1 

A.  I  have  the  record ;  I  don’t  kmm-  i  •  i 
volume  it  is,  lmt  I  think  it  is  1872  or  873  T 
before  1874.  01  J87rf-  It  was 

Q.  Is  that  the  English  journal  1 

454  system  *011  1h’  “able  "cnplo  T '  V®  t,le  '»%• 
exactly  the  same  ;  I  r;memberlw^HivJC],i8 


testate  my  theory  in  regard  to  the  matter.  To  1^1(1$ 
make  it  clear,  I  will  say  that  in  the  automatic  pro-  '  ' 
cess,  we  will  send,  say  two  dots  along  the  line,  and 
these  two  dots  will  pass  together  along  the  line,  but 
in  succession ;  they  will  follow  each  other  like,  for 
instance,  a  train  of  boats  in  the  Hudson  river  at¬ 
tached  by  a  cord ;  they  follow  one  after  the  other ; 
the  object  of  the  device  used  in  the  automatic  pro-  455 
cess  is  to  make  the  distance  between  each  signal 
very  clear— to  separate  them  and  to  make  the  in¬ 
terval  between  each  .interval  clear  and  distinct. 

Now,  in  double  sending,  for  instance,  it  affects 
both  instruments  at  the  same  time ;  there  is 
only  one  wave  of  electricity  passing  along 
the  wire,  but  it  is  changed ;  it  has  double 
force,  and  as  I  have  before  stated  theoretically, 
the  huge  wave  will  travel  at  the  same  speed,  as  the 
series  of  waves  in  the  former  case.  Just  as  if  you 
bad  to  carry  two  loads  of  wood  across  a  rivor, 
by  the  automatic  system  you  would  put  a  load 
of  wood  in  a  boat,  and  another  load  in  another  boat,  .  -  „ 
and  send  the  two  boats  across  the  river  following  ° 
each  other;  in  double  sending,  you  would  take  the 
two  loads  of  wood  and  put  them  together  in  a 
boat,  and  send  tiie  said  boat  across  the  river,  at  the 
speed  I  have  stated ;  I  think  that  explanation  is 
backed  by. Professor  Jenkins  and  others. 

Q,  Then  that  illustration  represents  to  your 
mind,  the  difference  between  the  two  systems— the 
automatic  system,  and  the  system  of  double  send¬ 
ing ;  do  you  intend  by  that  illustration,  to  repre¬ 
sent  the  difference  between  the  two  systems  ? 

A.  Whether  it  represents  the  difference  or  not, 

1  present  that  as  my  theory. 

Q.  You  mean  to  illustrate  the  difference,  by  the 
statement  you  have  just  made '!  457 

A.  The  difference  can  be  seen  by  a  comparison 
between  the  manner  of  carrying  these  loads  of  wood 
across  the  river,  for  instance,  and  the  interpretation 
can  be  drawn  from  it.  1  ( 

Q.  What  is  a  mechanical  printer?  (t/W  &  Uftlhum* 


A.  A  meolmnicnl  printer,  is  one  in  which  me¬ 
chanical  menus'  nro  resorted  to  at.  tlie  Jirst,  end  of 
the  line.  It  is  very  diflicult  to  answer  that  ques¬ 
tion,  because  they  tire  ail  more  or  less  mechanical. 

Q.  Would  you  call  a  printing  telegraph  instru¬ 
ment,  in  which  mechanical  means  are  employed  to 

458  do  ^Imprinting  at.  one  end,  a  mechanical  printer? 

Q.  As  I  understand  it,  there  is  a  printing  tele- 
siiipli  which  is  automatic,  that  is  to  say,  in  which 
a  slip  of  paper  is  punched  with  holes  in  the  shape 
of  letters,  and  the  signals  are  transmitted  so  as  to 
record,  at  the  receiving  station  these  letters ? 

A.  I  don’t  think  the  signals,  by  the  system  you 
think  ol',  are  punched. into  Roman  letter  holes  at 
the  transmitting  end. 

"Q.  Is  there  such  a  system  as  that  I  have  spoken 

A.  There  is  a  system  in  this  country  of  that 

459  ,  ’  In  tl‘e  "l'l'aratus  of  Mr.  Phelps,  mechani- 

cal  means  of  the  nature  to  which  you  refer  are  re- 
sorted  to  by  which  he  is  able  to  operate  faster  than 
the  apparatus  can  transmit  on  the  keyboard  ;  ho 
made  a  punch  and  perforated  holes  at.  different 
distances  on  the  paper  and  used  it  as  a  means  for 
telegraphic  printing. 

Q.  Is  there  anything  described  in  these  applica¬ 
tions  which  have  been  shown  you  which  is  applica¬ 
ble  to  a  mechanical  printer? 

Yo"  Cl!"  <1"l)lex  certainly  with  a  mechanical 
printer; for  instance,  Mr.  Phelps’  apparatus. 

By  Mr.  Dickerson. 

4G0  Q-  When  you  speak  of  Mr.  Phelps’  apparatus 

you  mean  Phelps  and  Hughes?  W  t"S’ 

A.  Yes.  I  don’t  know  but  that  Mr.  Phelps’  ism. 
improvement  on  that.  1  "" 

Q.  Hughes  is  a  printing  telegraph?  A.  Yes. 

By  Mr.  Wheeler. 

in  England?0  tl"‘twns,‘8ea  i"  Mils  country  und 


.  K-  Yes-  I  don’t  know  that  I  ever  siuv  it  used 
m  Ragland,  but  it  is  used  in  Prance  extensively. 

Q.  As  I  understand  it,  you  can  apply  this  inven- 

re  toirl  ufrZ  HS&SCl;il,ed°r  d,II,l0X  telegntpl.- 
mD,  to  that  ono  ■KfiS^'cal  printer,  which  you  call  a 
Hughes  printer,  is  Unit  so?  A.  Yes. 

Q.  Bo  you  know  of  its  having  been  so  applied  ?  4G1 

A.  Yes  ;  the  Phelps  print  it  is  duplexed  and  it  is 
quadruplexed  ;  I  think  Mr.  Garret  Smith  Inis  made 
an  improvement  by  which  they  can  bo  quadruplex¬ 
ed,  but  I  have  not  seen  it. 

Q.  Iu  your  opinion,  it  can  be  done  ?  A.  Yes. 

‘  Cross-examined  by  Mr.  Dickerson : 

Q.  Is  not  this  instrument  f  hold  in  my  hand,  a 
.Morse  instrument  or  relay  ?  A.  It  is. 

Q.  It  consists  of  two  soft  iron  cores  or  bars  of 
iron  as  you  see  here  ?  A.  Yes. 

Q.  And  around  those  bars  of ‘iron  there  is  wound 
a  lino  wire  a  great  many  times  ?  A.  Yes.  .too 

Q.  Pine  insulated  wire?  A.  Yes. 
liim  ?  N\"’ ’’y  !Ut  'V‘‘°  'S  ,mt  int0  H,«  circuit  on  the 
Q.  And  when  the  current  of  electricity  passes 
coresl?d  nr  "he’  U  "m"netiz,!S  ‘be  soft  iron 

Q.  Which  otherwise  are  not  man-nets? 

A.  Ho,  sir. 

Q.  Then  when  the  soft  iron  core  is  magnetized, 
f  tf  f  fl  c  r  1  111  is  a  piece  of  iron 
suspended  upon  a  centre  or  hinge,  or  otherwise, 
opposite  to  the  ends  of  that  soft  iron  core  ?  A.  Yes! 

Q.  And  when  the  iron  core  is  magnetized,  that  403 
armature  is  attracted  and  clicks  so,  (illustrating)? 

Q.  And  makes  the  signal  which  is  intended  to  be 
used?  A.  Yes. 


Q.  Now,  in  passing  tile- current  of  eleotrioity 


through  tins  elcotro-iiingnot,  them  is  a  certain 
amount  of  time  required  lo  magnetize  tho  core,  is 
there  not  ?  A.  Yes. 

Q.  And  that  is  an  appreciable  quantity  of  time  ? 
A.  Yes,  because  there  is  work  to  ho  performed. 
Q.  It  takes  time  to  magnetize  it?  A.  Yes. 

Q.  Non-  after  (lie  core  has  been  magnetized,  and 
^Jtie  circuit  broken,  it  takes  time  for  that  core  to 
•  discharge  its  magnetism  ?  A.  Yes. 

J)  A  Yes1  tll!  t  'S  fflpi>rL‘cinl,,u  d'd'tdity  of  time? 

Jr*011  ,thT,U  aw>  t"'°  elom,,nts  of  time,  imlepen- 
le  it  of  each  other,  which  are  to  lie  provided  for  in 
this  instrument  !  A.  YTes. 

Q.  Now  when  the  core  becomes  magnetized,  there 

Lsz:r:;T^i,,ovu™ 


Q.  And  that  is  i 
A.  Yes. 

Q.  There  is  son 
ism  to  take  hold  ? 
Q.  And  that  is  i 
A.  Yes. 

Q.  And  there  is 


i  appreciable  quantity  of  time  ? 
Mime  required  for  the  mngnet- 
1  appreciable  quantity  or  time? 
ome  lime  before  it  will- let  go? 


Q.  After  the  circuit  is  closed  i  A.  Yes 
Q  Tsn’V’tf  isi,"ot],e|,ulom«ntoftinie  i  A.  Yes 

£_"*  >'»  r»b. 

discharge  and  overcome  the”  J V “J" ir«c  "*a 

ture  ?  A.  Yes.  tneitmof  the  anna 


given  sized  instrument  ?  A.  Upon  tliis  instrunienl 
yes. 

Q.  About  how  many  words  a  minute  can  that  ir 
striiment  receive  and  signal,  supposing  the  line  t 
be  entirely  free,  and  putting  your  mind  entirel 
upon  the  instrument? 

A.  His  instrument  could  go  up  to  eighty  word 
.  a  minute,  if  the  operators  could  take  it,  perliap 


one  hundred. 

Q.  You  never  saw  it  go  one  hundred,  did  yon  ? 
A.  No,  sir. 

Q.  If  you  put  a  recorder  oil  this,  a  Horse 
ter,  or  embossing  machine,  then  it  will  g( 
slower?  A.  Yes. 


Q.  So  that  the  speed  or  the  instrument  for  thi 
purpose  Of  telegraphing  is  improved  by  leaving  on 
tho  Register? 

A.  Yes;  in  using  the  instrument,  Mr.  Bail 
worked  it  in  connection  with  chemical  paper. 

•  Q.  I  am  not  talking  about  that ;  I  am  referrini 
only  to  tile  Morse  instrument. 

^  A.  There  is  a  retardation  on  account  of  the  regis 

Q.  Now  we  will  go  to  tho  Bain  process  ?  Mr 
Bain  is  generally  said  to  be  the  inventor  of  auto 
mntic  telegraphy,  is  he  not.  ?  A.  Yes. 

Q.  A  strip  or  ribnitd  of  chemical  paper,  some¬ 
what  similar  to  tile  piece  I  hold  in  my  hand,  is  run 
between  the  poles  of  tho  battery  ?  A.  Yes. 

Q.  If  the  line  can  furnish  the  signals  without  in¬ 
terference,  that  paper  would  record  10,000  words 
perminute,  would  it  not;  is  there  any  limit  to  its 
capacity  for  recording?  A.  10,000  is  very  high. 

Q.  It  will  record  10,000  words  per  minute,  will 
it  not?  A.  Yes,  if  the  line  would  give  it. 

Q.  Then,  by  putting  into  the  line,  in  place  of  that 
machine  (the  Morse  instrument)  to  receive  a  mes¬ 
sage,  this  machine  (tho  Bain  instrument?  vou  re. 


?■-- . . . . imtmmgm 


471 


lieve  the  line  of  the  limitation  which  existed  when 
the  Morse  instrument  was  in  use  ?  A.  Yes. 

Q.  And  there  is  no  practical  limit  to  the  speed  ? 
A.  Iso  practical  limit. 

Q.  When  the  signals  come  over  the  line,  whether 
470  ™  01: !l  Bain  instrnment, 

1 '  f°  fi,st  each  other, 

thej  «dl  inn  together,  wdl  they  not?  A.  Yes. 

Q.  It  makes  no  difference  whether  von  call  it  an- 

tharrSieetT'l'l'orsir11  “  t,'°  "> 

Oiientlvn  rnnsnet,w.d>  .von.  and  conse¬ 

quently  no  communication ; 

rent  would  'not  'ln/so  *  «-e  o«r- 

llJOO^vonu!  "‘iU  IJan? 'ns°tM,,l,ent  you  could  send 
JU*UUU  "ouls  1  A.  I  will  not  snv  10  000 
?•  [’.“'T-1  a.n  h""«"  enlciilatian  ? 

A.  I  don  t  think  it  is  beyond  calculation  •  r  h-ive 
never  seen  10,000,  but  I  have  seen  o  ooo  ’ 

or^onnsLftV  tl!is  (lini(:l,lty  of  mixing  together, 
doesn"!  it  et  fi  S'r"!'13’  ms,,ks  fl  (»»  Hiis  principle 

A.  Yes  'S  "  <Blled  the  sfiltic  discharge? 

Q.  Or  the  static  charge  ? 

A.  Yes,  it  will  discharge,  if  there  is  a  way  given 
Q.  inhere  is  a  connection,  it  will  g0  through  it? 
been  °i  e!eC"'icity  l,ns 

making  the  signals  and5 Z,  ?  "J  Cal  lwPei-  «nd 
tlieotlmrendSXJr'  vi^tf10  ^  nt 

by.  the  static  discharge  ?  a  yl,  3’U  contmned, 

Q-  rsthat  on.  this  instrument,  (the  Moree).  if 


472  to 


cores  have  been  magnetized  by  a  passing  current 
and  you  break  the  cirouit,  that  current  will  still 
run  and  will  still  keep  it  magnetized  ?  A.  Yes. 

Q.  So  that  the  difficulty  is  precisely  the  same  in 
botlU  A.  So  far  as  the  line  is  concerned. 

Q.  Then,  in  the  automatic  machine,  the  effect  of 
that  static  current  is  that  as  the  signals  arc  marked  473 
on  the  paper  instead  of  being  a  dot,  the  dot  is 
drawn  out  into  a  dasli  ?  A.  Yes. 

■  Q.  And  tiie  dasli  drawn  out-  into  a  longer  dash  ? 

A.  Yes. 

Q.  And  the  dot  and  dash  together  ?  A.  Yes. 

Q.  Making  one  stroke  on  the  paper?  A.  Yes. 

Q.  And  on  the  Morse  machine  it  would  make  one 
stroke  on  the  recorder  if  you  had  a  piece  of  paper 
running  through  ;  A.  Yes. 

Q.  When  the  Bain  instrument  came  from  Bain’s 
hands,  the  limit  of  speed  at  which  it  could  be  used 
in  sending  a  succession  of  messages,  was  deter¬ 
mined  by  tiie  sliced  at  which  the  message  could 
be  punched,  wasn’t  it. 

A.  That  depends  upon  the  length  of  the  line. 

Q.  Take  a  line  of  ordinary  length  from  here  to 
Philadelphia,  we  will  say  tiie  limit  of  speed  in 
working  that  line  with  a  good  operator  to  work  it, 
wns  tiie  spued  at  which  lie  could  pnncli  out  his 
messages  to  send  over  tiie  line. 

A.  You  could  get  a  great  many  words,  say,  for 
instance,  the  line  was  10  miles. 

Q.  Well,  take  a  line  10  miles  long  ? 

A.  Then  you  could  get  thousands  of  words. 

Q.  If  you  had  the  strips  ready  for  it  ?  ■  ,>-r 

A.  Yes.  4(0  ' 

Q.  Of  course,  you  could  not  make  the  strips 
quicker  than  you  could  'punch  them,  nnd  the  mak¬ 
ing  of  those  strips  wns  slower,  perhaps,  than  the 
working  of  the  key  of  the  Morse  instrumen  t  ?  A.  Yes. 

Q.  Therefore,  taking  the  whole  problem  of  send¬ 
ing  a  message,  it  was  slower,  perhaps,  than  the 
other  system,  although  it  was  a  fast  system.  I  am 
now  talking  of  the  Bain  system  ? 


'“•100 


A.  I  don’t  know  Ills  punching  or  perforating 
machinery;  .1  don’t  know  what  speed  it  got;  I 
don’t  know  that  it  was  slower;  I  don’t  know  the 
perforator  he  used  at  that  time. 

Q.  Now,  when  Mr.  Little  took  up  the  Bain  sys- 
_  tern  he  found  the  perforator,  the  chemical  paper, 
470  and -the  apparatus  necessary  to  ran  the  perforated 
PaPer  through,  and  to  run  the  receiving  paper 
through  at  the  other  end  2  A.  Yes.  ■ 

Q.  Wasn’t  the  first  thing  lie  did,  and  which  gavo 
his  name  to  the  automatic  machine  to  invent  a 
punching  machine  by  which  the  message'  could  bo 
punched  rapidly  2 

A.  I  don’t  know  if  that  was  the  first  tiling  ;  I 
know  he  made  a  magneto-electric  punch. 

Q.  By  which  he  could  punch  tlie  message?  very 
rapidly  2  A.  I  think  so.  fi  .  ‘ 

Q.  And  then  lie  called  it  the  Little  system, 
didn’t  he?  ’ 

A.  Yes,  sir;  I  have  heard  of  the  Little  system. 

Q.  He  made  a  punching  machine,  that  would 
operate  with  the  Bain  automatic  telegraph  ;  then 
he  made  another  invention  which  had  relation  to 
the  hue  of  the  telegraph  and  not  to  the  instrument, 
clul  he  nob? 

A.  I  don’t  know  ;  I  know  lie  lias  a  patent  punch, 
hera,  HlS  consists> <1oes  if>  »» this,  that  just 

nf  ii°U,!i<!t  !°  tIle  wceivih8  instnnneht'at  the- 
.  end  of  the  line,  he  connects  his  line  wire  with  the 

fralT'1  th,Tgl,  tt  wlre  co"n«ctimi  that  has  consid- 
emble  resistance  ? 

478  sej^j  Yea  >  tll!lt  wns  done  four  years  ago  by  Cns- 
Q.  Little  did  that  thing?  A.  Yes. 

’  ^"d  g°t  a  patent  for  it  2- A.  Yes. 

a!  Yes '  ""8  "lmt  lle  cnUet1  an  overflow  dam  ? 
cnme*t  !lliS’i  "’lth  the  imneliing  machine,  be- 
A  Yes  18  “S  the  Little  <*»*«»  ? 

Q.  There  are  two  things,  and  the  only  two  things 


Mat  iii tele  did  to  the  Bum  machine  ns  it  enmo  from 
Bain? 

A.  I  know  he  lias  a  patent  in  connection- with  the 
overflow  dam. 

Q.  He  made  an  application  or  Steafn’s  condenser 
to  the  automatic,  did  lie  not  ? 

A.  I  don’t  know  if  lie  didn’t  do  it  before  Stearns:  47 
I  think  ho  did. 

Q.  Stearns  obtained  a  patent  for  a  condenser, 
upon  Morse’s  system,  didn’t  lie?  A.  Yes.  CL 

Q.  He  obtained  a  patent  for  a  condenser  for  the  ' 
duplex  working'of  this  system.-  A.  Yes. 

Q.  And  then  either  before  or  after  Little  obtained 
a  condenser  on  the  Bain  automatic  system? 

A.  Yes. 

Q.  Now  let  me  get  at  what  the  effect  of  this 
overflow  darn  is.  Its  operation  is  this,  is  it  not, 
viz. :  that  lij  a  portion  of  the  current  it  is  drawn 
off  all  the  time  from  the  line,  and  part  of  the  cur- 
rent  goes  to  the  ground  ?  A.  Yes.  41 

Q.  So  that  it  stands  between  the  battery  and  re¬ 
ceiver,  and  pulls  out  of  the  lino  a  portion  of  its 
electricity?  A.  Yes. 

Q.  Consequently  the  strongest  part  of  the  im¬ 
pulse  only  n fleets  llio  receiving  power,  the  top 
?  A.  It  may  not  bo  the  strongest  part. 

Q.  It  cuts-  down  through  on  the  line  ?  A.  Yes. 

Q.  And  therefore  it  tends  to  diminish,  at  the 
last  end  the  static  discharge?  '  A.  Yes ;  it  dis¬ 
charges  rlie  kwt  quicker. ' 

Q.  It  don’ t  affect  its  capacity  for  receiving  a  t  all  ? 

A.  That  depends  upon  how  you  understand  the  4S1 
word  capacity. 

-Q.  I  understand  by  that  the  capacity  of  the  pa¬ 
per  to  be  impressed  or  to  be  marked  or  discolored 
by  the  current  that  remains  ;  if  the  line  is  very  long 
the  static  discharge  is  greater  and  longer,  isn’t  it? 

A.  It  is  not  greater,  but  it  is  longer. 

Q.  It  continues  longer?  A.  Yes. 


108 

■  SiSS'iX  S 5r 
•  "r  ?r "" in  “"‘ » 

zSTv?* !'“  «ni3tsr«a: 

A.  No,  sird>  IS  M0C  poc",iiU' fo  eltlioi-  is  it  ? 

fiH'!  "'“nls  il  '»imite  over  'nle  t?li,f  J',iu  send 

A •  directly.  e  fo  cl"«'go  ? 

'IS;l  A.  l'i Iie'ou'io'rr-M  0,111  by  <lilw:,,y  » 

Q.  You  Jr,,  .  IOI,f  "!l>™fing. 

<i-  Ditln-tyoustaie  'I’.u  !,,!i,r;  "of  "»■  Unffiilo. 
eiecl lieia n’s  oilieo of  1 1,  nr  "°  "L‘eks  !l«o,  in  (he 
CV>  "'“I  ‘IWn’t  ye,,  produloth U"ion  Toleff*-'l>li 
•s,,-v  "“it  it  had  eon.i  rron  n  0,"°SSi'g0  i,ae,r>  !"<1 
]>7  »•««*.  nt  tl.omeo  L?!v'g?’  *  of 

;  •  On  n  circuit  »  ”"m.te  ? 

Qr  You  didn’t  S'.v  o°  1  0  1,11,4  Ol'o. 

A.  No.  S,IJ  14  n«e  Aon,  Chicago? 

84 

rC 


|  •  109 

Q.  You  don’t  know  whether  tile  message  wns  a 
regular  business  message,  or  as  you  call  it  a  bogus 
message  1 

A.  I  didn’t  say  whether  it  was  or  not. 

Q.  Bid  you  say  it  was  a  message  that  came  from 
Chicago  over  that  chemical  or  automatic  line,  and 
that  it  had  come  nt  the  ra  te  of  (300  words  a  minute  ?  485 

A.  I  don’t  know  that  I  slated  that  positively  ;  I 
know  my  idea  was  that  it  was  possible,  and  I  may 
have  said  that;  if  I  remember  rightly,  I  said  it 
could  be  transmitted  1,000  miles,  which  is  the  dis¬ 
tance  between  New  York  and  Chicago.  That  is  as 
far  as  I  think  I  said  anything  about  it. 

Q.  Where  did  the  message  come  from,  if  it  didn’t 
come  from  Chicago  ? 

A.  It  came  from  Boston  to  Buffalo,  through  New 
York,  800  miles  on  one  side  and  COO  on  the  other.  L  ,12  1 

Q.  Then  the  fact  is  that  this  message  came  800  I 
miles  instead  of  1000  ;  is  that  your  statement  ? 

A.  Not  directly;  through  New  York,  and  re-  480 
pea  ted  ;  it  was  through  a  repeater;  it  was  not 
direct. 

Q.  Where  was  the  repeater  ?  A.  In  New  York. 

Q.  The  message  was  repeated  in  New  York. 

A.  Yes,  sir. 

Q.  Then  it  went  to  Buffalo— where  did  you  get 
the  message? 

A.  At  Buffalo  and  in  New  York,  too. 

Q.  You  took  it  off  at  New  York  ?  A.  Yes. 

Q.  Then  the  message  was-  in  fact  sent  about  COO 
miles,  or  from  New  York  to  Buffalo  direct? 

A.  Yes ;  it  is  done  every  day  by  the  company.  48? 

Q.  Aud  it  was  sent  at  the  rate  of  COO  words  a 
minute  to  Buffalo,  a  distance  of  COO  miles? 

A.  I  didn’t  say  that;  I  said  it  could.be  done  on 
a  wiub  like  No.  0  gauge. 

Q.  You  didn’t  say  that  the. message  was  sent  at 
the  rate  of  COO  words  per  minute !  A.  No,  sir. 

Q.  Now,  in  point  of  fact,  you  say  that  a  message 
can  bo  sent  by  this  chemical  telegraph  from  New 
York  to  Buffalo,  at  the  rote  of  COO  words  per  min- 


/ 


Q.  1  on  think  vou  can  send  nnn  i  ’ 
nto?  A.  Yes  *  su  a  words  per  min. 

468  meLg!‘ at;  (I^  nl  Of  loo  wo'.’T  tm"Sm.ission  <>f  <1 
it£  fast  °  rr°m  fl,?.r*,  “r  *>•«  porfor- 

TsiSE£™''' 

A.  Imn  employed  there  lmir  or  the  time. 

Q.  Aon  attend  to_  their  business,  do  von  not  '; 

Q,  And  they’  have  been  .. 
working  tlieir  lines  with  the  Vlectro-mS'„eM 

strnment,  and  not  with  tl . !"  ^,,0,U! 

been  for  sometime  past  ?  and  inive 

A.  they  work  them  together  arcordimr  ■ 
lances  >  Jt  *  J"st  according  to  eirenin- 

:,2:»  r“r  >“ »» 

sometimes  the  case)  and*?,  tu  ‘1o""’ 

>>n  a  great  many  messages  to  b !  "enTw  '7°  the'e 
them  by  automatic  process.  *’  fl,l,lslnif’ 

aiitonia tiV proims' wlien^he^nM  l ^  H'?y  ,,se  t,le 

flown,  and  when  von  I, .>,■!!  1  llnvo  lleu»  Mown 
in  the  office  ?  A.  Yes.  messages  ncenmuhi  ted 
Q-  That  is  the  time  yon  use  it? 


1 


A.  At  that  time  and  at  other  times  ;  they  use  it 
when  it  is  good  weather  like  to-day. 

Q.  But  when  the  weather  is  not  good,  then  they 
use  the  electro-magnetic  method  I 
A.  Yes ;  and  they  use  the  automatic  too;  it 
works  even  better  on  a  rainy  day  than  the  duplex. 

Q.  When  is  the  time  [and  what  are  the  circum-  491 
stances  when  this  comp  any  uses  the  electro-mag- 
nelic  method  and  not  the  automatic  method ; 
state  them  all. 

A.  In  a  day  like  this,  a  dry  day,  they  would 
rather  use  the  duplex  system; when  it  rains,  and 
tlie  instruments  are  difficult  to  adjust,  they  resort  to 
the  automatic  method.  When  the  lines  have  been 
broken  down  by  the  storm,  they  use  the  automatic 
method,  and  sometimes,  in  a  pressure  of  business, 
they  use  both,  sometimes,  in  the  transmission  of  a 
long  message  they  begin  sending  it  by  duplex,  and 
then  punch  or  perforate  the  end  of  the  message, '  ,q0 
and  change  from  the  duplex  to  the  automatic.  Jw 

Q.  They  have  not  got  an  automatic  duplex,  have 
t  hey  i  A.  No,  sir. 

Q.  They  have  not  done  that  yet?  A.  No,  sir. 

Q.  Has  not  duplex  telegraphy  been  well  known 
for  the  last  22  years  ?  A.  It  was  known  in  1858r 
Q.  About  24  years  ago  ?  A.  Yes,  about  that. 

Q.  Was  not  duplex  telegraphy,  either  sending 
two  messnges  from  opposite-  directions  or  sending 
two  from  the  same  direction,  well  known  ? 

A.  From  opposite  directions,  not  from  the  same 
direction. 

Q.  'Wasn’t  that  well  known  in  1853,  .to  sendfrom  49.3 
the  same  direction  ? 

A.  To  send  two  telegrams  at  the  same  time  and 
in  the  same  direction,  no,  sir ;  it  was  not  known  to 
my  knowledge.  ■’ 

Q.  Did  you  ever  hear  of  a  man  named  Bosclia  ? 

A.  Yes. 


A.  I  don’ t  know  the  date ;  I  say  so  fur  ns  I  know, 
it  was  not ;  I  know  they  wore  heard  of  in  1870,  hut 
I  don’t  know  if  they  were  in  18153. 

Q.  Did  von  ever  hear  of  Kramer’s  invention  ? 

A.  Yes. 

Q.  Wasn’t  that  as  early  as  1853? 

I  A.  T  don’t  know  that ;  I  have  not  thorn  German 
books. 

Q.  Whether  they  were  as  early  as  18.r>8  or  not ; 
they  are  both  of  them  devices  for  sending  from  one 


Q.  They  are  sent  in  the  same  direction  and  from 
the  same  starting  point?  A.  Yes. 


Q.  By  Kramer’s  method  ?  A.  Yes. 

Q.  And  by  Bosclin’s method  ?  A.  Yes. 

Q.  Yon  don’t  know  when  these  methods  were 
publicly  known  ? 

A.  I  don’t  remember  the  years. 

Q.  Assuming  that  they  were  known  in  1835,  was 
not  the  quadruples  method  also  described  20  years 
agol  A.  Yes ;  they  thought  of  it  at  once. 

Q.  Boscha’s  method  was  quadruples  and  duplex  ? 

A.  Yes. 

Q.  And  Kramer’s  method  was  the  same!  A.  Yes. 

5  Q.  And  also  Stark’s  method  ? 

A.  I  don’t  know  at  what  time  his  method  became 
known  ;  I  know  he  had  one. 

.  Q.  In  1852  or  1853  ?  A.  I  don’t  know  thoveav. 

Q.  It  was  many  years  ago  ? 

A.  Yes  ;  it  is  described  in  an  English  work  bv 
Sabine. 

Q.  It  was  many  years  ago  ?  A.  Yes. 

Q.  Long  before  1870?  A.  Yes. 


Q.  All  these  thing  were  well  known  before  1870  ? 

A.  Yes. 

Q.  Many  years  before  ?  A.  Yes. 

Q.  Qnndmplcx  and  duplex  from  opposite  direc¬ 
tions,  and  duplex  from  the  same  direction  were  all 
known  long  before  1870  ?  ,qh 

A.  Yes ;  but-  they  were  spoken  of  as  not  being  ‘ 
very  practical — something  that  was  not  very  good, 
so  far  as  practice  was  concerned. 

q  ’  They  were  operating  machines ;  they  were 
doing  work?  A..-; Except  in  the  lnbmtory,  and  in 
'  experimental  way. 

Q.  They  were  working  between  Rotterdam  and 
Amsterdam  ?  ,  ,  ,  .. 

A.  Hot  double  sending,  ns  you  have  stated ;  they 
never  worked  anywhere  except  in  this  country,  f  •" 

Q.  They  never  worked  anywhere  ? 

A.  Not  double  sending. 

Q.  How  do  you  know  they  never  worked  any-  4g8 

"  A.  I  never  saw  in  any  book  that  they  worked 
anywhere  ;  it  has  been  written  about  by  Mr.  Edi- 
son  and  Mr.  Prescott,  and  they  say  that .  nothing 
could  be  done  with  it. 

Q.  So  far  as  you  know  ?  A.  Yes. 


Q.  That  is  your  judgment  ? 

A.  Yes ;  I  do  not  think  they  would  render  any 
•  service  ill  practice  myself. 

4 

By  Mr.  Dickerson  : 

Q.  For  the  reason  that  they  are  slower:  they 
will  work,  but  they  are  slower?  A.  Yes. 

.  Q.  They  are  useful,  but  not  available  ? 

A.  You  have  to  transmit  very  slowly  ;  it  is  faster 
to  send  one  message  at  a  time  than  to  undertake  to 
send  by  these  methods. 

q.  Now  was  not  the  use  of  reverse  currents,  and 
an  increase  and  diminution  of  current  for  the  pur- 


poses  of  duplex  telegraphy  from  the  same  end,  well 
known  long  before  1870  ? 

A.  Not  in  the  manner  described  in  case  00. 

Q.  I  am  not  talking  about  that  now  ;  I  am  ask¬ 
ing  you  whether  these  tilings  were  not  well  known 
for  the  purpose  of  sending  two  messages  at  the 
500  same  time  in  the  same  direction  over  the  same  wires  ? 

^No,  sir  ;  it  has  never  been  done  before  ;  Prof. 

Q.  lam  not  asking  you  about  Prof,  Iain 

asking  you  whether  reversing  currents,  in  combina¬ 
tion  with  increased  currents  on  the  line,  sometimes 
increasing  and  sometimes  reversing,  for  the  purpose 
•  of  sending  two  messages  at  once,  were  not  well 
known  before  1870  ?  A.  Yes,  or  course. 

Q.  Now  the  result  of  that  is,  that  duplex  from 
opposite  directions  and  duplex  from  the  same 
directions,  quadruplex  and  duplex,  and  quntlru- 
rm  plex  with  a  combination  of  reversing  currents,  were 
,)U1  all  known  before  1870  ? 

A.  Yes  ;  with  the  reservation  I  have  above  staled 


I  understand  you  to  say,  that  reversing  the  po¬ 
larity  current  and  increasing  its  intensity,  were 
used  before  1870,  but  they  were  not  used  in  trans¬ 
mitting  two  signals  at  the  same  time  ? 

A.  They  were  used  to  transmit  at  the  same  time, 
but  to  make  myself  more  clearly  understood,  I 
,  will  say  that  reversing  the  current  and  increasing 
•  or  decreasing  its  intensity  to  transmit  two  messa¬ 
ges  over  the  same  wire,  in  [the  same  direction,  at. 
the  same  time,  were  known  before  1870,  but  the 
manner  of  using  these  reversals,  and  the  increase 
and  decrease  of  the  current,  ns  shown  in  case  00, 
were  not  known ;  I  mean  the  manner  of  using 
them,  as  shown  in  case  00. 


115 


By  Mr.  Dickerson. 

Q.  That  is  to  say,  other  devices  jvere  employed 

to  accomplish  the  same  purpose  ?  . 

A.  Yes ;  there  were  three  relays  in  the  otlioi, 
and  in  that  there  are  only  two  ;  there  were  former- 
ly  three  relays,  but  in  case  00,  they  have  two  dis-  503 
tinct  and  independent  receiving  instruments. 

Ill/ Mr  Wheeler. 

Q.  If  I  understand  you  aright,  you  say  that  the 
new  method  is  distinguishable  from  the  other  or 
old  one  by  tie  st  tl  tin  the  new  method 

the  reversing  of  the  current  by  one  key  sends  the 

message  independently  of  the  other?  A.  les. 

By  Mr.  Dickerson. 

Q  Adding  to  and  diminishing  the  quantity  or  504. 
intensity,  sends  the  message  independently  of  the 
reversal  ?  A.  Yes.  ,  1  • 

q  And  the  independence  of  these  two  keys  and 
receivers  from  each  other  was  the  new  quality  of 
this  patent?  A.  Yes. 

Q.'  And  that  is  all  the  novelty  of  it  ?  A.  Yes. 

Q.  That  is  the  whole  of  it  ? 

A.  Yes :  there  were  some  improvements  111  con¬ 
nection  with  the  new  method,  to  avoid  some  trouble 
which  arose  from  the  use  of  the  new  system- 
q  In  addition  to  what  I  have  said,  the  otliei 
thing,  and  the  only  other  thing,  that  is  new  in  this 
newMiiethod,  so  far  ns  you  know,  is  the  little  appa-  605 
ratus  to  prevent  the  reversal  of  the  current  from 
spoiling  the  signal  that  goes  through  it?  A. .  les. 

Q.  These  are  the  only  two  new  things  111  this  in¬ 
vention?  A.  So.  far  ns  I  remember  now. 

Q.  Isn’t  it  essential  to  the  operation  of  this  new 
combination' of  the  reversing  current,  and  the  quan¬ 
tity  or  intensity  current  to  have  that  apparatus 
that  will  prevent  the  contact  of  the  neutral  relay 
when  the  reversal  occurs  ? 


no 


A.  It  is  necessary  to  have  it  on  a  long  line ;  on  a 
short  line  it  can  be  dispensed  with. 

Q.  Did  yon  ever  see  it  dispensed  with  ? 

A.  In  case  00  the  hack  contact  and  two  sounders 
simply  are  used  ;  there  is  always  something  used. 

Q.  There  must  be  some  device  ;  either  twosound- 
oOG  era  or  a  bnhmce-wtd  sounder  and  back  contact  to 
doit?  A.  Yes. 

Q.  Those  two  tilings  are  described  and.  shown  in 
case  00,  are  they  not?  A.  Yes.  • 

Q.  And  those  two  things  in  00,  together  with  the 
combination  already  described,  reversing,  decreas¬ 
ing  tile  current,  are  the  novelties  of  the  invention 
00? 

A.  Yes  :  In  regard  to  the  novelty  ot  the  inven¬ 
tion,  so  far  as  this  system  of  double  sending  is  con¬ 
cerned,  there  is  a  system  in  which  they  use  a  re¬ 
versal  of  the  current  and  an  increase  and  decrease 
of  tlie  current  in  double  sending. 

Q.  An  increase  of  the  intensity  or  a  decrease  of 
the  current  in  combination  witli  reversing,  is  used 
for  other  purposes  than  duplexing  ?  A.  Yes. 

Q.  And  that  is  old  also  ?  A.  Yes ;  in  1873. 

Q.  Isn’t  it  older  than  1873?  Right  hem  in  this 
little  instrument  you  see  a  reversal  of  the  current 
combined  with  the  quantity  current? 

A.  I  think  so ;  I  have  not  investigated  this 
instrument. 

Q.  Don’t  they  all,  so  far  as  you  know,  operate  in 
that  way?  A.  Yes. 

Q.  You  have  got  to  get  a  combination  of  a  rever- 
508  ®d  of  the  current  with  the  quantity  current  to  do 
the  thing?  A.  Yes. 

Q.  So  that  that  combination,  working  over  the 
line,  is,  by  itself,  old?  A.  Yes. 

Q.  Isn’t  the  effect  of  the  apparatus  used  for  the 
purpose  of  preserving  the  signal  that  is  made 
through  the  neutral  relay  to  reduce  the  speed  of 
messages  or  signals  over  the  line  below  the  old- 
fashioned  Morse  lino  ? 


A.  I  don’t  see  much  connection  between  the  two 

Q.  When  the  signal  goes  through  the  ordinary 
electro  magnetic  relay,  you  have  already  explained 
to  the  Court  that  a  loss  of  time  will  occur  there  . 

A.  Not  in  all  the  Morse  relays,  but  in  this  relay. 

Q.  I  am  asking  about  this  Morse  relay  ? 

A.  We  had  Morse  relays  which  were  not  subject 
to  this  loss.  .  „„ 

Q  I  am  not  at  present  speaking  of  any  otliei  re¬ 
lay  but  this.  This  is  an  ordinary  Morse  relay  is  it 
not  ?  A.  Yes,  it  is  one  of  them. 

Q.  It  is  just  such  a  tiling  as  has  been  in  use  anil 
as  is  in  use  to-day,  is  it  not? 

A  It  is  one  ot  the  Morse  relays. 

Q.'  Is  it  not  a  Morse  relay  that  iB  in  use? 

q"  You  have  told  the  Court  that  there  are  times 
I  or  delay?  A.  There  are  some,  yes.  510 

Q  Appreciable  times  of  delay  ?  A.  Yes. 

Q'  Now,  if  you  use  this  armature  to  close  the 
circuit  or  another  battery,  which  also  has  another 
relay  in  it,  and  take  your  signal  oif  ot  the  second 
relay,  then  you  are  adding  time  to  the  delivery- 

you  are  making  it  longer  to  deliver?  A.  les. 

Q  And  it  you  use  this  second  relay  to  open  oi 
close" the  circuit  of  a  third  one,  you  will  still  further  . 
add  to  the  time  ?  ,  . 

A  Yes,  the  time  is  occupied  in  some  relays  in 
that  way,  but  I  can  make  twenty  relays  in  sncces-  ' 

sion  without  losing  any  time.  It  can  be  done  I 
don’t  mean  to  say  that  I  can  do  it  especially,  but  511 
it.  can  bo  done.  T 

A  I  am  not  asking  of  wluit  yon  can  do,  lnm 
merely  asking  you  for  the  fact.  You  understand 
my  question?  A.  Yes. 

Q.  And  your  answer  to  it  is  what  ? 

Q.‘  lathis' machine  00,  the  relay  that  receives  the 
impulse  from  the  line  is  that  kind  of  relay,  isn  t 


no 


it  ?  I  mn  speaking  now  of  (lie  thing  shown  in  00 
which  you  have  been  swearing  to? 

A.  It  is  not. ;  it  is  a  back  contact. 
rj)  Q.  The  lever  of  the  armature  touches  against  this 
‘7*^“  ,ltcomes  »1».  mid  touches  against  it  as  it 
/  goes  back  ? 

51-  A.  Llio  armature  touches  against  the  plutinn  con- 

forward6  sti’i^ces.,,Sai>'s'fctt,i,o  rubber  t'otitaet^iii^olii1^ 
forward  anti  against  the  back  contact  in  working 

thLwmrnr  "T  al'.er  l,,°  «  "««•  which  this 
thmg  m  1  move,  does  lt?  A.  No,  sir. 

Jf-  ,  011  Vlltur  thu  •sPee(1  with  which  this  . . 

net  is  charged  or  discharged  ? 

513  nieiit.K°’ 8,1 5  b,,t  U  "111  enter  through  the  insti  ll- 
Q.  Ill  tlus  case  09.  tile  ai'iii'i turn  ?«  ;n  n 
line  and  just  like  that  in  ,  ,  ,  its  , 

other  electro-magnet  ?  A  S  '  '""1 

shown  the  manner  in  which- this  case  00  is 
514  Q*  So  fcllafc  ill  Doinf  nf  ftw.f  „ 

over  the  neutral  relay  in  c  se  00  t,W|!  goes 

signals  than  they  would  bo  if  ls  “  s,0'ver  set  of 
additional  things  on  Smt  .m"  ?  '  ‘ .'mve  tl,e 
other  words,  if  Vo  7™  «  in  00  S  <» 

•  capable  of  faster  trnnsmissio °J  vo,"'0'"?  !’° 
secondary  and  tertiary  circuits  ?  3  "8ud  f,'° 

ns^oitKiS0,!0::8  **  .  fc 

^aianaturehasgonS^CSX"?" 


Q.  That  is  all  added'to  the  time  ?  A.  Yes. 

Q.  Therefore,  if  you  didn’t  lin,ve  those  additional 
traps  there,  and  took  your  signal  directly  Irom  the 
line  sounder,  you  could  send  it  faster,  if  necessary, 
than  you  can  by  that  ? 

A.  I  don’t  know  that  the  device  would  work 
fast ;  I  haven’t  seen  the  first  one  working ;  I  think  615 
it  would  stick. 

Q.  The  second  one,  is  one  you  have  seen  actually 
working?  A.  Yes. 

Q.  The  second  one  necessarily  involves  a  success¬ 
ion  of  signals,  don’ tit;  just  like  a  repeater? 

A.  Yes. 

(Witness  in  his  testimony  refers  to 
diagram  of  case  no.) 

Q.  Now,  sir.  will  you  turn  your  attention  to  No. 

97,  which  is  on  the  43rd'  page,  please  look  at  that 
diagram  !  A.  I  have  them  both.  516 

Q.  You  stated  yesterday,  ns  I  understand  you, 
that  this  tiling  patented,  or  proposed  to  lie  pat¬ 
ented  ill  No.  07,  was  applienble  to  automatic  tele¬ 
graphy?  A.  Yes. 

Q,  Please  turn  back  to  page  45,  at  tlie  top  of  that 
page  ;  here  is  a  claim  of  that  patent ;  please  look  at 
it,  “The  batteries  a  and  ft  connected  in  opposition 
to  each  other,  in  a  circuit  containing  the  rheostats 
d  e,  tile-magnet  a:,  and  receiving  magnet  h,  in  com¬ 
bination  with  the  line  circuit/  through  7i,  the  arti¬ 
ficial  line  </  r,  and  the  shunt  s  containing  the  key 
or  lever  k,  the  parts  being  arranged  for  operation 
substantially  ns  set  forth.”  That  is  a  combination  01  ‘ 
of  eight  distinct  parts  ?  A.  Yes. 

Q.  No  one  of  those  things  shown  on  that  pic¬ 
ture,  is  itself  new,  is  it  ?  A.  No.  sir. 

Q.  They  lire  all  well  known  tilings? 

A.  Yes,  lint  you  can  separate  them. 

Q.  Each  one  of  these  elements  is  well  known, 
and  lias  been  for  many  years  ?  A.  Yes. 

Q.  Did  you  menu  to  tell  the  Court,  that  that 


120 

combination  taken  ns  it  is,  there  claimed,  was  ap¬ 
plicable  to  automatic  telegraphy ! 

A.  For  simple  transmission,  yes ;  there  is  the 
bridge  method,  which  is  certainly  applicable  to  au¬ 
tomatic  telegraphy  ;  that  is  one  thing. 

Q.  That  is  it  you  take  out  or  the  combination. 
518  the  bridge  arrangement,  yon  could  put  that  into 
automatic  telegraphy ? 

A.  The  bridge  arrangement  could  be  applied  to 
Automatic  Telegmpby. 

Q.  By  taking  that  out  of  the  machine  it  could  be 
applied  in  that  way  ? 

A.  Yes,  the  bridge  arrangement  could. 

Q.  You  didn’t  mean  to  say  that  that,  combination 
of  eight  parts,  the  electie  magnet  at.  one  end,  and 
the  linger  key  at  the  other,  and  the  bridge  arrange¬ 
ment,  were  automatic  telegraphy,  did  you  ? 

A.  I  did  not  say  that. 

rl0  Q.  That  could  not  be  used  in  an  automatic  tele- 
dJJ  graph,  could  it? 

A.  The  trausmiting  part  of  the  key  could  not  be 
used  that  way  of  course. 

Q.  The  batteries  a.  b — two  butteries — they  are 
part  of  the  combination  are  they  not  ?  A.  Yes. 

Q.  Connected  in  opposition  with  each  other  in  the 
circuit?  A.  Yes. 

Q.  Having  their  poles  opposing  each  other  ? 

A.  Yes. 

Q.  And  the  rheostats  d  e  are  a  part  of  the  com¬ 
bination?  A.  Yes. 

Q.  Those  two  other  larger  things?  A.  Yes. 

520  Q-  Magnet  x,  that  is  in  the  circuit  there  ? 

A.  Yes. 

A.  And  the  receiving  magnet  1 ?  A.  Yes. 

TT°~ Q.  That  is  the  electie  magnet  of  an  ordinary  re¬ 
lay  like  this  ?  A.  It  is  a  sounder. 

Q.  It  is  just  like  this',  isn’tit?  A.  It  may  be  a 
relay,  sir. 

That  is  a  relay,  isn’t  it — an  electro  magnet  relay? 

A.  Yes. 


IQ.  The  electro  magnet  relay,  is  one  of  the  ele¬ 
ments  of  the  combination,  isn’ t  it  ?  A.  Yes. 

Q.  In  combination  with  the  line  circuity  through 
l!  n— that  is,  the  line/  goes  through  the  electro  mag- 

el!  net  It— the  artificial  line  g  r,  the  shunt  s  that  is  the 

mtfarmtvOi  magnet  below  the  receiving  electro  magnet 
llf  coming  to  earth  through  the  rheostats,  containing  621 
m  the  key  or  lever  k  ?  A.  Y  es. 

*§§  Q.  That  is  the  same  as  the  Moi se  key  ?  A.  Y es. 

V&|  Q.  That  is  an  ordinary  sending  Morse  key  ? 

‘I|i|  Q.  The  parts  being  arranged  for  operation  as 

111#  .  described  ?  ,  , 

A.  It  maybe  a  key  or  it  may  not,  it  depends 
it  upon  the  mnnner  of  closing  the  circuit.. 

Q.  That  is  a  key,  isn’t  it  ?  A.  Yes. 

;  q  Now,  is  it  not  tine  that  this  combination  con- 

tains  the  electro  magnet  receiver,  the  key  for  clos- 
;s|ff  ing  the  circuit,  and  a  lot  of  other  contrivances  ?  ^ 

i  q  Now,  can  that  combination  be  used  in  chemi¬ 

cal  telegraphy  ;  it  cannot,  can  it?  '  _ 

A  Yes ;  this  bridge  method  which  is  there 
shown  can  be  applied  to  chemical  telegraphy  and 
automatic  telegraphy. 

Ilg  ike  Court : 

Q.  The  question  is,  ns  I  understand  it,  whether 
the  whole  combination  that  is  covered  by  that 
claim  is  applicable,  as  a  whole,  to  automatic  tele- 

irmoliv  ?  A.  As  it  is  there,  no. 

6  Q  You  can  pick  out  some  parts  of  it  that  can  be  B28 
annlied  to  automatic  telegraphy  ? 

A.  Yes;  that  bridge  method,  ns  I  have  said, 
could  bo  applied  to  automatic  telegraphy. 

By  Mr.  Dickerson: 

Q.  This  bridge  arrangement  that  yon  see  here, 
that  belongs  to.  the  combination  and  to  the  patent, 
could  be  applied  to  automatic  telegraphy  if  sepai- 

r _ ..miilmintion ?  A.  Yes. 


A.  Yes,  but  in  tlmt  case  they  lire  not.  property, 
because  the  position  of  the  butteries  is  new. 
They  are  put  where  they  have  not  been  put  before. 

524  q.  Tlmt  bridge  arrangement  you  sny  you  could 
use  for  automatic  telegraphy  ?  A.  Yes. 

Q.  Hut  taking  the  whole  combination,  you  could 
not  use  it  for  automatic  telegraphy; 

A.  No,  becausu  it  is  a  Jlor.se  method  ;  you  can¬ 
not  take  the  Morse  method  and  work  it  automatic¬ 
ally  ;  you  have  a  Morse  receiver. 

Q.  You  have  also  stated  in  your  direct  examina¬ 
tion  that  the  tiling  patented  in  0!)  was  applicable  to 
automatic  telegraphy,  and  that  you  could  put  the 
chemical  paper  in  the  line  somewhere  where  the 
present  electro  magnets  are  ?  A.  Yes. 

525  Q-  You  stilted  that?  A.  Yes. 

Q.  You  stated  that  if  you  put  the  chemical  paper 
in  there,  you  could  make  that  applicable  to  aiilo- 
matic  telegraphy  i  A.  Yes. 

Q.  Do  you  mean  to  say  that  when  it  was  done, 
if  it  were  done,  tlmt  would  be  the  combination  of 
parts  and  devices  described  in  the  patent  00  ? 

A.  It  would  be  the  application  of  the  first  claim 
to  nutomotic  telegraphy. 

Q.  It  would  bo  the  application  of  the  principle, 
you  say  ?  A.  Of  the  iirst  claim  itself. 

Q.  Wlmt  is  the  first  claim  ? 

A.  Transmitting  two  distinct  messages  on  one 

620  wire  in  the  same  direction,  and  at  the  same  time : 
one  operating  by. reversal  of  the  battery  current; 
the  other  by  increasing  or  decreasing  the  current 
from  the  battery. 

Q.  The  abstract  principles  stated  in  that  claim 
'  could  be  used  in  automatic  telegraphy,  you  say  ? 

A.  Yes. 

Q.  You  suppose  that  the  claim  has  got  attached 
to  the  bottom,  the  words  “substantially  as  de- 


A.  I  have  not  seen  it  there ;  that  is  all  tlmt  I  see. 

Q.  You  are  not  .a  patent  lawyer,  but  the  law 
reads  it  soj  whether  it  is  there  or  not  ? 

A.  That  is  all  I  see. 

Mr.  Wheeler  objects  to  the  last  ques¬ 
tion  and  answer.  Objection  sustained ;  527 
stricken  out. 

Q.  Suppose  the  words,  “Substantially  as  de¬ 
scribed,”  to  be  written  in  the  claim  ;  suppose  you 
saw  them  there  at  the'  bottom  of  the  claim,  then 
would  you  say  that.  it.  was  applicable  to  automatic 
telegraphy? 

A.  Thai  would  clinngo  the  question,  sir. 

Q.  You  wonldn’t  say  then  that  it  was  applicable 
to  automatic  telegraphy,  would  you  ? 

A.  I  would  not  say  no,  then.  It  may  be. 

Q.  But  you  don’t  know  it. 

A.  In  the  Wheatstone  system  they  used  the  first  .>28 
claim. 

Q.  I  am  not  asking  you  about  the  Wheatstone 
system.  Can  you  answer  my  question,  yes  or  no. 
Suppose  the  words  “  substantially  as  described” 
were  written  to  that  claim  ;  then  would  you  say  it 
was- applicable  to  automatic  telegraphy  ? 

A.  Even  if  the  words  “  substantially  ns  described” 
were  written  there,  Isay  yes,  I  could  transmit  nnd 
operate  by  mechanical  process  ;  I  could  I  think,  by 
certain  contrivances  apply  to  it  automatic  telegra¬ 
phy.  I  don’t  see  any  impossibility  about  it. 

Q.  I  am  not  speaking  of  what  you  think  you  g2o 
could  do.  You  stated  it  was  applicable,  nnd  that 
you  would  put  the  chemical  paper  receiver  in  the 
place  of  the  mechanical  or  electro  magnet  receiver. 

You  said  that,  didn’t  you?  A.  Yes. 

Q.  Supposing  you  did  that  thing,  then  it  would 
not  be  substantially  the  thing  described  in  this 
patent  would  it? 

•  A.  It  would  not  be  the  whole  of  it. 

Q.  It  would  not  be  the  tiling  described,  would  it  ? 


A.  It  might  lie  11  part  of  it. 

Q.  It  would  not  bo  the  things  substantially  ns  de¬ 
scribed  in  this  invention,  would  it  f 
A.  No,  not  all  of  them. 

Mr.  Wheeler.  — Before  wo  go  into  that  application 
530  tt  "my  save  a  great  deal  of  time  and  an  unnecessary 
prolongation  of  the  case  if  I  make  a  statement  in 
that  regard.  We  do  not  claim,  in  this  ease,  that 
hese  particular  applications  were,  as  presented  to 
the  Patent  Ofhee,  actually  applied  to  autoinalic 
telegraphy,  because  wo  know  very  well  they  were 
not;  for,  as  Mr  Edison  applied  all  these  npplica- 
Ck  turns,  they  were  adapted  to  the  Morse  receiving 
system.  \\  hat  wo  do  claim  asjthe  construction 
or  that  agreement, and  what  is  testified  tobv  the  wit- 
18  ',y  tho  slll''sti,"tio»  "f  equivalents, 

hej  could  be  so  applied.  Ido  not  see  that  there 

o  ntteri.fr °S  n°-  8e8,n  t0  ,,,c  "•!lt  if  •«  "ecessafv 
ninteii.  l  to  go  mto  an  elaborate  cross-exumina- 
i’°"  °Tf  a  l  «'«*  details  of  the  application.  Tlmre- 
t  mt  ':s  noitl,er  mnierialto  the  is- 
on  oross-exa^pnimitioin  “  1>r01’M’ C°,,re°  t°',,".r8"° 

632  oftSr:^  [,icnd  -*«d  the  question 


i2r. 

ie  telegraphy,  I  will  dispense  with  the  cross-exami¬ 
nation. 

The  Cowl.— I  understand  hint  to  say  so. 

Mr.  Dicherson. — If  he  says  that,  there  is  no  need 
to  continue  the  cross-examination  on  that  point. 

Mr.  Wheeler.— I  do  not  say  that. 

Mr.  Dieheeson. — It  was  argued  with  a  great  deal 
of  elaboration  by  my  learned  friend  that  they  had  a 
contract  under  which  they  were  entitled  to  the  in¬ 
vention  that  Edison  made  and  which  was  applica¬ 
ble  to  automatic  telegraphy.  He  then  told  your 
Honor  he  was  going  to  show  by  expert  witnesses 
that  00  (the  only  thing  tlint  lias  any  value  in  this 
case,  the  rest  being  bosh,)  was  applicable  to  auto¬ 
matic.  telegraphy,  that  is  the  premiss  in  the  logic  of  Bg4 
my  learned  friend  upon  which  his  syllogism  is  to 
depend.  Now,  the  meaning  of  the  word  “applica¬ 
ble”  I  do  not  propose  to  discuss  at  the  present 
moment.  I  simply  propose,  for  the  purpose  of  this 
nrgument,  to  regard  it  in  the  light  in  which 
my  friend  on  the  other  side  has  used  the 
word,  namely,  that  the  thing  is  applicable  to 
the  automatic  telegraph,  that  is  if  you  take 
it  and  put  it  into  automatic  telegraphy  yon 
could,  by  means  of  it  work  an  automatic 
telegraph.  That  is  the  iirst  proposition.  Helms 
stated  that  the  the  thing  claimed  in.  00  was  appli¬ 
cable  to  the  automatic  telegraphy.  Having  said  535 
that,  I  propose,  by  cross-exnniinntion,  to  have  the 
witness  explain  how  it  is  applicable  to  automatic 
telegraphy,  and,  I  imagine,  when  we  get  .through 
we  will  have  disposed  of  the  argument  of  . my  friend 
upon  the  other  side.  I  propose  to  demolish  the 
minor  of  his  syllogism. 

Mr.  Wheeler. — My  friend  does  not  apprehend 
my  proposition.  It  is  very  important,  I  think,  to 


y 


a  correct  consideration  ot  the  case,  that  it  should 
bo  clearly  apprehended,  as  it  may  dispense  with 
the  line  of  cross-examination,  that  is  now  being 
adopted,  to  some  extent.  AVe  do  not  claim  or 
argue  that  all  the  machinery  pictured  in  these 
drawings,  or  those  combinations,  precisely  its  they 
“  nre  t-liore  stated  and  shown,  could  be  put  into  a  line 
and  worked  in  combination  with  the  automatic 
system ;  but  wo  do  claim  that,  by  the  substitution 
of  equivalents,  they  could  be  so  used.  Now,  it  is 
perfectly  competent, upon  cross-examination,  for  my 
friend  upon  the  other  side  to  lind  out  from  the  wit’- 
uess  whether  the  combination  put  together  in  a 
certain  way,  or  any  part  of  it,  can  be  applied  to 
automatic  telegraphy.  Anything  which  tends  to 
elucidate  that, I  suppose, is  perfectly  material;  wlmt 
1  object  to  is  a  line  of  cross-examination  which  is 
not  material,  and  which  simply  takes  up  time.  All 
1  we  claim  is  that  by  the  substitution  of  equivalents 
it  could  be  used  for  automatic  telegraphy. 

The  Court. — The  question  is  whether  the  whole 
combination  can  be  used  in  that  way. 

Mr.  1F7teeler.—TUo  line  of  cross-oxaminatiotn  that 
is  being  pursued  does  not  tend  to  throw  nuv  light 
upon  that  subject. 

The.  Court.— It  seems  to  me  it  is  legitimate. 

Mr.  Dickerson  produces  a  diagram  of  00, 
3  made  in  crayon,  upon  a  large  blackboard ;  lie 
p  ,  \  proposes  to. explain  it  to  the  Court,  and  that 
^ '  V  1118  explanation  shall  assume  the  form  of 
..  questions  to  which  the  witness  shall  give  as- 
,  sent  if  ho  thinks  them  correct.  He  stntes 
that  he  does  it.  for  the  information  of  the 
tourt,  and  that  ho  proposes  to  lend  the  wit¬ 
ness  in  this  way  for  the  reason  that  he  is 
.  "tl  !"  t0  slle»k  English  with  sufficient  in¬ 
telligibility  to  make  himself  clearly  under¬ 


stood.  The  suggestion  as  to  the  blackboard  is 
assented  to  by  the  counsel  for  the  plaintiffs, 
and  also  by  the  witness.  A  copy  is  annexed, 
and  marked  Exhibit  1. 

Q.  Now,  this  diagram  represents,  on  the  left  side 
of  it,  a  sending  apparatus— we  will  call  it  the  New 
York  station,  and  this  (referring,  to  diagram)  iep- 
rcsents  the  receiving  end,  we  will  say  Bo  ™ f 

thii  is  a  line  wire  which  connects  the  two.  lhe 
spuoiliout'ioii  at.  09  does  not  show  any  quadruplex 
at  all,  does  it?  A.  No,  sir. 

Q  The  suggestion  in  the  second  paragraph  of  tlie, 
specification  that  refers  to  00  (folio  177) (speaks  of 
duplicating  the  parts  so  as  to  describe  four  tians- 
milting  apparatus  and  four  receiving  apparatus 
over  one  wire.  That  is  the  only  reference  of  the 
patent  to  a  quadruplex.  Now,  it  is  not  a  true 
statement,  is  it,  that  by  duplicating  those  parts  ,-)40 
vou  can  make  a  quadruplex  ? 

‘  No  sir ;  some  Germans  use  that  word  ;  it 
would  not  be  duplicating  but  duplexing  them.  It 
is  what  you  would  call  “double  telegraphing. 

Q.  Duplicating  the  parts  would  not  make  the  . 

'  quadruplex  at  all,  would  it  ? 

A.  Yes ;  duplicating  them  in  the .proper  way. 

Q.  In  no  way  that  is  shown  in  this  patent? 

A.  No,  sir ;  any  duplexing  could  be  applied— 

Q  I  am  not  asking  about  that,  yon  might  ex¬ 
periment  and  might  duplexit,  but  you  could ,  not 
quadruplex  it.  There  is  nothing  described  here  by 
which  you  could  do  it.  What  you  see  here  shows  641 
vou  only  one  instrument  or  one  pair  of  instruments 
to  send  from  New  York,  and  one  pair  to  receive  at 
Boston.  That  is  all  that  the. patent  describes  1  A. 

Yq’.  In  this  drawing,  that  which  is  marked  B  is 
the  battery?  A.  Yes.  .  ,  ,  Vpq 

Q.  The  battery  is  made  in  two  parts?  A.  xes 
Q.  One  of  which  is  in  connection  with  the  line 
for  the  purpose  of  operating  the  reversal  or  pol- 


n 


eitlier  of  "L’J'lreferri!  i"'"y  1>e  00,1"«:tccl  will, 

Joy  in  position.  "c  1  ku,!l)s  ,IlL‘  Jjoln rijted  re- 

642  ^  is  niwnys  on  tin,  lj„0  ?  « 

on  t).o  lineriPS°n0f  ^  l,atfory  is  »>''-nys 

Q.  S2toi^Si^rfaftr,lof,t’  A-Yes- 

°»  Mioiino  and  *,meHn,cs  *  ,e,y  >s  somotimos  • 

i-SAnr  :^rsityrf^'^^iowt., 

flint  Hie  two  togetliermv  Vn""  '  "'f  "l’I,er  half,  so 
A.  Yes.  ••mmcrfed  will,  the  lino? 

an  increase  or  (li,„inil|jon  ’  ’s  Zm"S  send  hy 
atw  "')l0  sends  l>vreveish,r„"0rk"‘ff’,ll00l'er- 
543  'ei’ses  a  portion  of  the  bn Zt . ,C"1T*!nt>  only  re- 
'!  10  'Vlsl"‘s  to  send  I,v  nn  in  ?  ’  "  10,1  t,le  operator 
the  current,  closes  his  key  lmT*  °'‘  'li,nin,"i°ii  of 

bf  f'Y  into  the  other  &L  .“'T"1 l,is  «■*  <>f  the 
"hole  battery  operates  ,,,  ,",ls’  ;ln<1  tlien  the 

versed,  if  the  reS  "  1  "  "‘e  wholl!  «"* 

A.  Yes.  '"g  opera  lor  chooses  lod 

Q.  Now  we  come  ,  , 

«iinff  called  a  polarized,*  w  £*%!**  5  the 

at  the  letter  “]»  ....  ..  .  }  ,n  this  patent,  laken 

sleal  V’> ,t,,e  nrn,ature  of  tl  e  T";"’."'0,'ks  »*  tins 
stead  of  being  0f  soft  s  .  l’0,,"'«*d  relay  in 

844  TSL  A'  i»«rn 

TO,  '  "mnturo  is  „f 

ilie  effect,  is  the 

"-ere  permanently  magnetized  ?  ‘1'°  itself 

gananisni  or  electricity 


is  passing.  If  the  current  comes  in  one  direction, 
that  is,  if  the  coil  of  enclosing  wire  is  wound 
annual  a. sort  iron  core  Irani  left  to  right,  and  the 
current  of  the  electricity  is  passed  through  it,  it 
magnetiz.es  that  core,  one  end  being  the  north  pole, 
and  the  other  end  the  south  pole ;  that  is,  if  you 
should  hang  that  piece  of  iron  up  on  a  hair,  it  •  545 
would  swing  to  the  magnetic  meridian  ?  A.  Yes. 

Q.  If  you  send  that'  current  through  in  the  oppo¬ 
site  direction  around  that. soft  iron  core,  it  will  then 
change  the  polarity  of  the  core,  and  convert  the 
north  pole  into  the  south  pole  and  the  south  pole 
into  the  north  pole?  A.  Yes. 

Q.  Therefore,  when  you  send  a  reverse  current 
over  the  line,  now  plus,  now  minus,  you  change  the  ' 
polarity  of  the  soft  iron  core  which  may  bo  in  the 
circuit!  A.  Yes. 

Q-  Ivon-,  the  permanent  armature  is  itself  pol¬ 
arized,  that  is,  being  a  permanent  magnet,  it  has  a  r,„ 
north  and  south  pole  to  it;  if  you  bring  the  two  540 
north  poles  together,  they  will  repel  each  other ; 
ir  you  bring  a  north  or  south  pole  together,  they 
will  attract  each  other,  therefore,  when  this  perma¬ 
nent  magnet  or  armature  is  between  the  poles  of 
this  electro-magnet,  and  this  outer  end  is  the  north 
polo,  it  "ill  he  attracted  to  one  side  by  the  south 
pole  magnetism  ;  it  will  be  repelled  or  attracted  by 
the  other  side  when  the  current  is  reversed,  and  the 
soft  iron  becomes'  the  north  pole,  and  so,  from  the 
time  the  current  changes,  going  one  way  or  the 
otlier,  this  permanent  magnet  or  armature  is  at¬ 
tracted  to  one  side  or  the  other,  and  so  makes  the  '647 
signal  ?  A.  Yes.  - 

Q.  Therefore,  it  is  called  a  polarized  relay,  for 
tho  reason  obviously,  that  when .  the  “polarity  is 
changed,  that  polarized  relay  is  affected  by  the  re¬ 
versal  of  tho  current ;  at  one  time  this  armature 
goes  to  one  side,  and  when  the  current  is  reversed, 
it  goes  to  the  other  side,  and  that  motion  makes  the 
signal  desired  ? 


A.  Yus  ;  that  you  get  in  working  n  common  re¬ 
lay  too. 

Q.  Now  that  magnetic  relay  will  do  this  thing; 
whether  the  current  afreets  it  more  or  less  when  it 
acts,  you  can  add  as  much  more  to  it  ns  yon  will 
ami  it  will  still  act.  It.  is  not  in  any  way  injurious- 
o  ly  a  fleeted  by  the  increase  or  the  current  through 

Q.  Then  again,  the  neutral  relay,  the  ordinary 
electro-magnet  or  the  Morse  Receiver,  which  I  have 
shown,  is  called,  in  this  connection,  neutral,  because 
the  armature  itself  is  not  magnetic.  It  is  a  niece  of 
unmagnetized  iron,  and  the  cores  of  this  instrument 
will  be  magnetized,  ir  the  current  goes  through  it. 
If  it  goes  through  it  from  right  to  Iert.it  will  lie 
magnetized.  If  it  goes  through  it  from  left  to  right 
it  will  be  magnetized,  and  in  either  case,  it  will  at¬ 
tract  the  neutral  armature  ;  is  that  correct  '  ' 

Q.  Then,  as  a  third  element  in  the  case,  when  this 
weak  half  of  the  battery  is  working,  it  magnetizes 
h.s  neutral  relay  every  time  tl.e  currents  passes 
but.  whether  it  magnetizes  strong  enough  to  pull  Hie 
armature,  is  a  question  that  is  to  be  determined  by 
the  strength  of  the  retractile  spring,  a.nl  that. spring 
is  shown  hero  drawing  back  the  nrniatnre,  and  that 
spung  is  adjusted  to  such  a  strength  as  that  the 
1  e,tT  tlL  k  bntt  1  thong],  it  does 

magnetize  the  cores,  will  not  magnetize  it  enough 
to  puii  aown  the  armature  and  make  the  signal  .  * 


550  Q-  But  this  spring  is  adjusted  weak  enough  »» 
t  at  nhen  you  add  the  additional  battery  to  it,  the 

y  r5  ^  * 

is  how  a’ s!ei',d  ing  °f  tl,e  here 

his  fimrer  '  Sent'  k'ippose  the  operator  has 
as  f  ?  m  Krmu  key  "’hicl1  is  shown  here 
,as  f.  \\  o  mil  suppose,  for  convenience,  that  a  fin- 

pi  esses  that  key,  lie  reverses  tile  current  of  his 


131 


small  section  of  the  buttery,  and  his  polarized  re¬ 
lay  responds,  but  lie  must  have  such  a  key  and 
such  an  apparatus  there  as  that  there  will  he 
no  break  in  the  connection  between  the  battery  and 
circuit,  because,  if  lie  breaks  it,  there  will  be  nil  in¬ 
terval  when  there  will  be  no  battery  acting.  A  key 
that  will  do  that—  55* 

A.  Not  necessarily  a  key;  it  can  lie  done  by  dif¬ 
ferent  devices. 

Q.  This  is  a  key  described  in  this  patent,  and 
patented  in  this  patent,  and  mast  be  so  constructed 
ns  that- when  it  dees  reverse  it  will  not  break  tile 
connection  nt  any  time,  and  tile  reason  of  that  is 
that  if  you  break  the  connection  for  a  moment,  at 
that  particular  time  the  mail  who  is  going  to  send 
the  quantity  current  may  want  to  use  tile  line,  and 
ir  it  is  broken  lie  cannot.  That  is  the  reason,  is  it 
not?  A.  Yes. 

Q.  And  therefore  you  must  have  such  a  key  or  552 
contrivance  aw  that.  you  can  reverse  your  batteries 
without  at  any  time  breaking  the  metallic  circuit  ? 

A.  You  can  reverse  your  batteries  without  break¬ 
ing. 

Q.  You  must  have  11  key  or' other  contrivance  so 
Hint  it  will  reverse  the  battery  without  breaking  the 
'  metallic  circuit  ?  A.  Yes. 

Q.  I  am  now  describing  H10  qualities  of  this  ma- 
■  chine,  and  this  machine  which  lias  a  key  must  have 
that  character  if  you  use  it  without  a  key.  It  must 
have  the  capacity  of  reversing  without  breaking  the 
circuit?  A.  Yes.  _ 

Q.  And  that  key  is  one  of  the  tilings  patented  in 
this  patent? 

A.  A  key  like  that  existed  before. 

Q.  (Question  repented.) 

A.  I  don’t  know  that  lie  patented  Hint  key. 

(Mr.  Dickerson  rends  the  4th  claim  of  the  patent, 
Tinge  00.) 


The.  Witness.— Ho  claims  it. 


182 

Q.  That  reversing  key  is  one  of  the  things-piilenl- 
ed  here.  Now,  whatever  instrument  there  is,  it 
mast  have  the  capacity  of  lnaintaining  the  nielallic 
contact  i  A.  Yes. 

Q.  The  key  that  sends  tile  increase  of  ciirrent 
__  must  also  be  arranged  so  that,  it  can  bring  out  the 
004  additional  battery  without  breaking  the  circuit ' 

Q.  These  two  points  being  understood  a  t  this  end, 
this  is  what  happens,  isn’t  it:  when  the  operator 
for  reversing  lias  his  key  in  action,  the  other  opera¬ 
tors  may  throw  in  tin  additional  quantity  without 
interfering  with  his  polarized  relay?  A.  Yes. 

Q.  But  as  soon  as  that  additional  quantity  is 
thrown  in;  for  so  long  that  neutral  relay  will  act  ? 

Q.  And  it  will  cease  to  act  when  this  additional 
battery  is  thrown  out?  A.  Yes. 

555  Q-  And  it  will  keep  coming  down  if  you  want  it- 
down,  notwithstanding,  that  while  it  is  down,  the 
man  who  works  the  reverse  current  may  actually 
reverse  the  currents,  it.  will  keep  the  circuit  closed ; 

A.  It  will  produce  a.  kicking  of  the  armature  on 
7  the  reverse  side  if  it  is  nofydosed  :  it  will  nut  kick 
against  the  front  contact. 

Q.  Now  we  come  to  the  difficulty  in  this  case. 

;>  The  difficulty  of  applying  this  combination  of  re¬ 
versing  and  intensity  currents  to  two  independent 
instruments  as  these,  nunielv— that  while  the  cur¬ 
rent  is  passing  through  this  neutral  relay,  if  it  is 

556  y®ver®ed  th®  operator  on  the  reversing  key,  there 
in"hecoreli  It,Yes"’hen  b  ,m,S,"Jti8m 

Q.  And,  as  a  consequence,  the  armature,  at  that 
moment  is  not  attracted  ?  A.  Yes. 

V  Tseq"e"ce-  spring  pulls  it 

oy  Tt  t  ?-eS  1  ,S  lei,<sllud  fol>  1111  instant. 

Aiw,"1 Tt '• 

tl„fs'svlt™,nnle3f  411,11  diiiiculty  can  be  overcome, 
this  sj  stem  is  not  practicable,  that  is  so,  is  it  not  i 


188 


A.  No ;  not  witli  that  apparatus. 

Q.  Therefore,  somo  invention  had  to  bo  made 
that  would  remedy  that  defect  which  existed  in  an 
ordinary  Morse  relay  ? 

A.  Yes ;  so  far  ns  the  Morse  system  is  concerned. 

Q.  1  am  on  this  machine  at' present.  Now,  that 
remedy  is  found  in  a  little  apparatus  that  is  shown  557 
by  the  letters  T  t  ml  U,  U,  around  on  this  end  of  the 
drawing?  A.- Yes. 

Q.  And  that  is  the  remedy  we  have  already  1 
spoken  of  as  a  slower  process  ?  A.  Yes.  I 

Q.  Now,  that  being  the  explanation  of  the  in¬ 
strument,  you  said  you  would  put  into,  it  at  these 
positions  (illustrating),  the  chemical  paper? 

A.  Yes ;  that  would  be  one  of  the  ways. 

Q.  Now, before  you  did  that,  we  will  suppose, if  you  ' 
please,  that  this  is  a  machine  operating  between 
New  York  and  Boston,  and  you  are  directed  to 
turn  them  into  a  chemical  telegraph  ;  the  first  thing  _ 
you  would  have  to  do.  would  be  to  take  these  me-  i,d°  , 
chaniral  relays  out  ? 

A.  In  one  case,  yes ;  and  in  one  case  you  may 
leave  them,,  and  not  take  them  away.  %n~c\  [ujJ 

Q.  In  case  you  left  them,  then  wlmt  would  yon  v 

do? 

A.  I  should  receive  on  chemical  paper  oh  the  lo¬ 
cal,  as  Bains. 

Q.  You  would  add  to  these  two  receivers,  a  chem¬ 
ical  telegraph  on  top  ? 

A.  I  should  substitute  for  T  and  N.  chemical  pa¬ 
per. 

Q.  .You  can  use  it  on  top  of  these  mechanical  np-  559 
paratus?  A.  I  didn’t  say  on  top. 

Q.  You  leave  these  relays  on  the  line,  ? 

A.  In  one  of  the  views. 

Q.  You  leave  these  relays  on  the  line,  and  in 
place  of  taking  your  signals  oil  by  sound,  you 
take  off  your  signals,  by  putting  in  a  wheel  and 
a  mechanical  apparatus,  such  ns  Bain’s  ? 

A.  Yes ;  but  I  told  you  before,  there  was  another 
way  to  do  it. 


(loQi't  r 'a  Yes"°  of  by  which  you  would 

Q.  That  would  reduce  the  speed  of  your  chemical 
telegraph  to- the  speed  of  the  magnetic  much  ilms  ? 

A.  T  don  t  know  that  I  would  reduce  it. ;  it  is  '  . 
5G0  aSTt'S;?8  1  <Wt  know  th.it  I  would  hare  ; 
•  nm  silnl,]y  "l'on  tiie  question  of  vour  send- 
hlfoT  'V0,  <1S  "  1,nhvw"  I?®*  York  and  B..f- 

A.  T  didn’t  say  that. 

Q.  What  rate  of  speed  do  you  sav  now  > 

A  1  said  I  thought  we  could  do  it;  they  don’t 

sjar— — . . 

mmt  vn  '"0"  1"10i"1  ^°f5°  hack  on  the  state- 

M  ]W  i"u'- 

561  „„AV  1  n‘Ji"st  fho  instruments  so  tlmt  it  will  do 
fco ;  I  said  I  thought  it  could  be  do»n  imf  t 

as-1 zz 

words  ?  A.  Yes.  °"  he,ul -«"•  you  send  film 

Q.  How  many  do  yon  send? 

A.  I  hey  do  tlmt  too  ;  I  can  m-ik»  it  ..  , 

please.  can  make  it  as  slow  as  I 

Q.  The  credit  of  it.  is  that  it  can  work  r-ist  > 
tlmt  JaT  mak0  20,001*  vibrations  in  one  ndnute,  if 

telegi«phyo^^veV^?8?,,t  '■!  tllU  ‘"Somatic 

working  to  Boston.  I  „r  onn'!!!’  ’C?  1,1  11  1  1 
comparing  it  with  this  thin  "  ti  l  •  S"  >J,e“  ’ "ml 

;sw  ,o  Bost6""t  *>-  -hs  s^grss. 

A.  Will  you  nermit ...  * 

>y-»e4.,»U'X.l7:r,,Lr,7ls 


circuit  chemical  paper  I  can  send  (300  words  per  .  .  „  1  J 

minute ;  I  can  do  that  by  using  n  polarized  relay.  0  a<Cu^Ct' 
Q.  You  have  got  to  get  your  automatic  to  work 
here  after  Mils  armature  lias  worked,  haven’t  you  ? 

This  armature  works  first  that,  you  retain  and  then 
it  opens  and  closes  the  circuit,  making  the  second 
one  work  '  A.  Yes.  5C>8 

Q.  You  can  put  on  top  of  this  thing  a  chemical 
apparatus  and  make  it  work  beyond  this  ? 

A.  Yes. 


Q.  Tiie  speed  of  tlmt  chemical  apparatus  is  affect¬ 
ed  ir  not  determined  by  the  limitations  of  the  inter¬ 
mediate  relay '  • 

A.  No  ;  tiie other  works  just  as  fast  as  tile  paper 
will  take  it. 


Q.  Whatever  the  speed,  you  will  put  in,  as  I  un¬ 
derstand  you,  in  place  of  “  t,”  a  chemical  telegraph  t 

A.  Yes. 

Q.  Tlmt  will  lie  in  the  place  of  “  t?”  A.  Yes. 

Q.  Then  the  message  or  signal  that  goes  through 
the  chemical  apparatus  would  lirst  go  through  the 
Morse  sounder  or  Morse  relay  1  A.  Yes. 

Q-  And  the  speed  that  you  could,  make  your 
chemical  thing  work  would  he  governed  by  the 
speed  at  which  you  got  this  thing  to  work! 

A.  Yes. 

Q.  And  tluit  is  slow,  isn’t  it! 

A.  By  using  tiie  samo  relay  which  I  used  in  the 
first. instance— by  putting  a  relay  there,  (pointing 
to  dingram,)  I  will  get  tiny  speed. 

Q.  Tlmt  is  another  tiling.  I  am  asking  about  the 
thing  shown  on  this  patent,  not  of  what  can  bo  in¬ 
vented  by  you.  Tluitis  a  thing  shown  in  this  pat¬ 
ent,  isn't  it!  A.  Yes,  tlmt  is  a  common  relay. 

Q.  This  thing  shown  mi  tlmt  patent  would  con- 


Q-  Bo  you  think  it  would  bo  a  good  plan  t 
)fcU  m  your  automatic  telegraph,  a  mec 
legrapli  first,  and  then  lot  it-  work  an  uul 


Bo/jfidrmt’s  counsel  objeols 
ground  that  it  is  opening  a  now 
inquiry.  Whether  a  thing  is  ap 
is  one  thing,  whether  itisndvnnti 
another.  There  is  no  mention 
the  agreement  of  advantageous 
tiio  word  applicable.  Whethei 
advantageous  or  not  is  not  an  r 
fore  the  Court. 

Objection  overruled. . 

Intuiimission. 


187 


Q.  Before  answering  the  question  which  remain- 
|  ed  unanswered  nt  recess,  I  will  ask  yon  another. 
i  The  Morse  telegraph  is  usually  worked  with  a  local 
-  circuit?  A.  Yes,  sir. 

Q.  Which  circuit  is  opened  and  closed  by  the 
main  line  relay  ? 

A.  Yes,  sir;  in  America;  in  Europe,  no.  6(1 

Q.  The  local  circuit  lias  nlw’nys,  from  the  begin¬ 
ning  of  the  Morse  system,  been  used  in  it? 

A.  It  is  not  absolutely  necessary, 
t  Q.  I  don’t  ask  you  that.  Please  answer  my 
^question  ?  A.  Yes,  sir;  in  America. 

I  q.  You  can  put  in  the  local  circuit  on  any  Morse 
Mine,  the  automatic  receiving  paper,  the  chemically 
JSrepnred  receiving  paper  ? 

®g  A.  I  don’t  see  anything  automatic  in  that. 

W  Q.  No  matter  what  you  see.  I  ask  you  the  ques- 
cSftion  ?  A.  I  cannot  answer,  if  you  ask  me  if  I  can 
•  «put  in  an  automatic  attachment.  That- is  not  an  at- 
j'taehment.  f>' 

Q.  We  will  drop  the  word  automatic.  You  can 
‘-fput  into  any  local  circuit  of  any  Morse  line  the  same 

Kiing  that  you  propose  to  put  in  here,  [lleferring 
>  drawing  on  the  black  board.]  A.'  Yes,  sir. 

Q.  And  it  will  be  exactly  the  same  in  respect  to 
.  ic  Morse  receiver  as  it  is  in  respect  to  the  receiver 
^Stliown  in  this  drawing  1  A.  In  every  respect. 

'  -ItQ.  Ia  respect  to  the  receiver  it  will  be  just  the 
f  sanie  in  one  case  as  in  the  other  ? 

No,  sir,  not  always. 
ifffi.  Not  always  ?  A.  No,  sir. 

•lap  Whenever  this  electro-magnet  is  charged  so 
IBrafto  produce  motion  on  the  armature,  then  your 
iojmmicul  apparatus  will  work  ?  A.  Yes,  sir.  B 

gjjfa.  And  whenever  you  charge  this,  you  have 
Jfsliown  in  the  drawing,  your  chemical  apparatus 
jUgjwill  work  ?  A.  What  I  mean  is  that  with  an  auto- 
ifffmatic  attachment,  or  with  a  sounder,  a  break  in 
/W the  current  is  produced  which  a  chemical  receiver 
will  not  sliow. 


Q.  Lot  us  go  back  a  little.  The  question  I  ask 
you  is  :  If  you  put  your  eliemieal  receiver  into  the 
local  circuit  on  uMorse line — takeany  Morsesystem 
like  this  here ;  say  a  lino  from  Boston,  yon  can 
either  receive  the  signal  by  the  click  of  the  arma¬ 
ture,  or  you  can  let  that  armature  pull  the  trigger, 
-„q  open  and  close  another  battery  circuit,  which  will 
operate  npon  chemically  prepared  paper  running 
out  on  a  wheel  ?  A.  Yes,  sir. 

Q.  In  doing  that  you  do  in  respect  to  that'ni-mn- 
turo  and  your  relay  just  what  you  are  proposing  to 
do  in  the  drawing  here  (Ex.  I.)?  A.  Yes,  sir. 

Q.  That,  therefore,  is  common  then  to  any  Morse 
relay— the  capacity  to  put  in  the  chemically  pre¬ 
pared  papers  ? 

A.  What  do  you  call  a  Morse  relay  1 

Q.  Any  Morse  relay  on  any  line  ‘in  the  United 
States  ?  A.  Yes,  sir. 

Q.  Suppose  some  one  to  invent  an  improvement 
m  this  relay,  as  Tor  instance,  making  the  adjust- 
573  ments nicer;  these  are  all  patentable? 

A.  \ou  mean  changing  the  proportions  ? 

,  .  Inv?uti,,S  improvements  in  this  relay,  such  as 
making  the  whole  body  move  under  the  screw  ? 
principle'.1 "  outside  of  the 

Q.  That  is  an  improvement  bn  the  relay  ? 

A.  In  the  manner  of  adjusting  it? 

'S  an. improvement  in  the  relay ; 
i  ^  ca,1  t  l:lt  nn  improvement  applicable  to  , 
re  i°v 'in  0g'.'npl,y  bet'i,,lse  y°«  «»n  use  that 
paperT  C°"°n  «»  oliemically  prepared 


574 


Q-  i  on  had  better  not  try  to  gmsii  mv  Mens- 

answer  my  question?  grasp  my  ideas ; 

A.  There  are  so  many  improvements  made 
Q.  Now,  we  will  take  just  one  j  turningSmtback 


screw  moves  the  entire  helices  through  the  spec¬ 
tacles  here  ?  A.  Yes,  sir. 

Q.  That  was  at  one  time  a  patented  improvement 
on  relays?  A.  Yes,  sir. 

Q.  When  that  was  made  would  you  say  that  was 
an  improvement  applicable  to  automatic  telegraphy 
because  this  relay  can  be  used  to  hitch  on  to  a 
chemical  receiver? 

A.  To  talk  very  clearly  it  was  nn  improvement 
made  in  that  relay ;  the  relay  could  afterwards  be 
made  applicable  to  the  automatic  telegraph,  an  im¬ 
provement  which  is  an  advantage  because  the  re¬ 
lay  itself  is  improved. 

Q.  Your  proposition  now  is,  that  you  could  put 
in  this  chemical  paper  and  the  apparatus  belonging 
to  it  at  the  receiving  end  of  the  line,  shown  on  this 
dinwing. 

A.  Yes,  sir. 

Q. .Then  you  would  have  some  machinery  to  run 
that  wheel,  and  you  would  have  a  paper  ? 

A.  Yes,  sir;  machinery  or  a  man. 

Q.  And  you  would  have  a  battery  to  do  the  dis¬ 
coloration  of  this  paper  which  would  not  be  the 
main  line? 

A.  It  could  be  done  in  that  way.  That  is  one  of 
the  ways. 

Q.  And  you  would  do  the  same  thing  here  ?  [In¬ 
dicating  the  other  sounder  on  the  drawing.]  A.  Yes, 

Q.  Now,  you  have  added  to  each  of  these  electro¬ 
magnets,  your  chemical  apparatus  instead  of  the 
sounder  which  is  usually  employed  ? 

A.  Yes,  sir. 

Q.  Then  you  have  not  got  an  automatic  telegraph 
yet? 

A.  In  the  automatic  telegraph  we  can  receive  on 
chemical  paper  or  not ;  we  sometimes  receive  on  ink 
and  paper,  and  it  is  still  an  automatic  telegraph  ;  I 
can  have  a  good  register,  and  receive  quicker  than 
otherwise,  and  that  would  be  still  an  automatic  tel¬ 
egraph. 


Q.  Having  done  the  two  tilings  that  you  pur¬ 
posed  to  do,  yon  have  not  yet  made  that  mi  auto¬ 
matic  telegraph  ' 

A.  Well,  sir;  if  you  make  something  automatic 
in  a  part  of  I  lie  machine,  you  hurt)  it  to  a  certuiu 
extent.  It  belongs  to  you  to  call  it  automatic  or 

Q.  You  know  what  automatic  telegraphy  is  ? 

A.  There  are  two  apparatus— the  transmitting 
and  the  receiving  apparatus.  Boston  would  receive 
automatically  in  that  case. 

•Q.  Then  you  say  automatic  means  a  chemically 
prepared  paper  receiver,  irrespective  of  how  it  is 
sent ;  do  you  say  that? 

A.  Automatic  telegraphy  means,  in  my  oxrinion, 
an}  telegraphy  which  is- done  by  machinery  and 
not  by  tlie  hand  of  man,  no  matter  how  fast  or 
slowly  it  is  done. 

Q.  This  Morse  register  takes  the  message  by  a 
machine  running  out  the  paper,  and  indenting  it  as 
it  goes  out  instead  of  running  out  a  paper  and 
coloring  it  by  electricity  as  it  goes  out,  and  both  are 
delivered  by  machinery  ? 

A.  It  is  automatic  in  that  respect. 

Q.  This  Morse  machine,  using  the  old  Morse  reg¬ 
ister,  is  an  automatic  telegraph,  in  your  understand¬ 
ing  of  the  term,  automatic  telegraph  ? 

•  A,'i  YrS'  sir  ’  80  fllr  113  reB8*'’*nS  is  concerned,  that 
is  all ;  I  limit  myself  to  tint,  oth  wwise  it.  is  not  au¬ 
tomatic  ;  the  receiving  is  automatic, 
wi?-  Uitllf:'i8  or is  not  11,1  automatic  telegraph 
when  these  things  have  been  done  which  yon  de¬ 
scribe  ;  now,  which  is  it  ?  * 

tomiiti  °alm0t  llns'vel'  t'lat  question  ;  it  is  partly  au- 

wlmn  v°  yi0U  kU-,0W  wl,lBth01' ik  is  "  automatic, 
to  bedone  “lVe  things  which  you  supposed 

naiVl  J„t!!!nk  ^  anj[bo?>r  1,1  '«y  place,  it  would  be 
°*;  'b  ‘f  automatic  in  that  place, 
that  pin  automntio  machinery,  and  only  in 


place  of  these  sounders,  the  Morse  register  ? 

A.  Yes,  sir. 

Q.  It  is  still  the  sounder  1  A.  Yes,  sir. 

Q.  If  you  put  the  Morse  register  into  that  Morse 
relay,  then  it  would  convert  tile  thing  into  an  auto¬ 
matic  telegraph,  in  your  opinion  ? 

A.  Not  yet ;  so  far  as  the  receiving  is  concerned,  581 

Q.  Is  it  automatic  or  not,  when  you  have  put  the 
Morse  register  in,  to  run  out  a  strip  of  paper  and 
emboss  it,  leaving  the  apparatus  otherwise  as  it 
stands  2 

A.  Yes,  sir ;  it  is  so  automatic  at  the  receiving 
end,  that  the  operator  cun  close  the  oilice  and  go 
a  way  for  all  day,  and  the  next  day  lie  can  read  the 
telegram. 

Q.  I  only  want  an  answer  to  my  question,  do 
you.  call  that  thing,  so  constructed,  an  automatic 
telegraph,  as  you  understand  thu  meaning  ol  the 
term,  automatic  telegraph  !  .  -go 

A.  The  receiving  end  or  the  whole  thing  1 

Q.  Leave  the  thing  altogether  as  it  stands;  do 
you  call  it  an  automatic  telegraph  ? 

A.  I  can’t  say  the  whole  thing  ;  I  say  the  receiv¬ 
ing  part  of  it  is  automatic. 


A.  It  tlie  oue-half  of  that  board  were  white  and 
the  other  half  were  black,  and  they  asked  me 
whether  it  were  black  or  white,  what  would  you 
want  me  to  say  ? 

Q.  I  cannot  answer  that ;  tlie  question  I  must 
have  answered,  either  one  way  or  tlie  other,  ‘lyes'”  ; 
or  “no,”  or  “I  don’t  know,”  there  are  three  ways 
you  can  answer  it,  had  I  am  going 'to  have  it  an¬ 
swered  one  way  or  the  other  1  ' 

A.  I  will  try  to  bo  exact. 

Q.  Let  us  know  whether  you  understand  hie  ;  I 


1-12 

am  going  to  put  in  hole  Mm  Jlor.se  register,  von 
know  what  that  is?  A.  Yes,  sir. 

Q.  Anil  you  know  how  the  machine  would  act 
perfectly  ir  it  had  the  Morse  register  in  there? 

A.  Yes,  sir. 

Q.  It  would  deliver  a  strip  of  paper  with  the 
•  signals  <  I  1  upon  it  vhieh  could  he  read  hy 
e84  aiiy  one  who  knows  the  alphabet  ?  A.  Yes,  sir. 

Q.  Now,  taking  the  entire  machine  with  that 
substitution,  leaving  all  the  rest  just  as  it  is,  would 
that,  be  an  automatic  telegraph,  or  would  it  not  ? 

A.  I  understand  the  question  very  well,  and  I 
'vil!  meet  it ;  anybody  in  my  place  would  not  be 
able  to  answer  that  question  ;  it  is  just  the  same  as 
if  half  that  board  were  white  and  half  were  bhick, 
and  I  was  asked  whether  it  were  white  or  black. 
Ihere  are  two  parts  in  a  telegraph  ;  one  a  receiving 
.mil  one  a  sending ;  this  part  here  is  arraimed 
automatically  and  the  other  is  not ;  and  when  you 
ask  me  about  that  system  it  is  impossible  for  me 
585 

y,m  Slly  y«>u  don't  know  whether  it  is 
oi  not,  an  automatic  telegraph  ? 

A.  I  don’t  say  that. 

Q.  Do  you  know  whether  it  is  or  not  ? 
part  would  be.  Simtli"S p,lt  is  ,,ot  ilnd  the  'Reiving 

Mr.  Dickerson  asks  tho  Court  toinstruct  the 

ThoCourta.-tert 

Q.  Now  you  must  say  whether  you  know  or  not? 


j  The  Court.— Would  y 
all  the  parts  taken  in 
telegraph  ? 


oil  call  the  whole  thing — 
connection  an  automatic 


m.A'w2";  ':!!!  »«  . . .  I  ho.isks' 


half  black :  there  are  two  parts  in  this  machine 
which  are  joined  together  ;  there  is  a  sending  and  a 
receiving-apparatus ;  the  receiving  is  automatic  in 
my  opinion  and  the  transmitting  is  not. 

The  Court. — Is  tho  whole  automatic  ? 

A.  Tho  whole  of  it  toguther? 

The  Court.— Yes,  sir  ?  . 

A.  I  cannot  answer  that  question ;  if  any  part 
of  it  is  automatic— 

The  Court. — Is  tho  whole  necessarily  automatic, 
becausu  a  part  of  it  is? 

A.  The  whole  of  it  automatic  ? 

The  Court. — You  might  as  well  say,  when  you 
were  asked  whether  a  board  was  black  or  white, 
one-half  of  which  was. white,  that  it  was  all  white  ? 

A.  In  that  case  it  is  clear;  tile  whole  of  it  is  not 
automatic. 

Q.  This  telegraph  is  not  an  automatic  telegraph  ? 

A.  I  don’t  say  that;  the  whole  of  it  is  not  nu- 
oinatic :  I  answered  his  honor  ns  he  asked  me. 

Q.  Cut  it  in  two,  neither  end  is  a  telegraph  by  it¬ 
self? 

A.  No,  sir ;  there  is  no  way  of  communication. 

Q.  It  takes  the  entire  series  from  end  to  end  to 
be  a  telegraph  ?  A.  Yes,  sir. 

Q.  Now,  is  that  telegraph,  composed  of  that  en¬ 
tire  series  from  end  to  end,  making  a  telegraph,  lin 
automatic  telegraph,  or  is  it  not,  when  it  has  the 
Morse  relay,  in  there  ? 

A.  Tho  whole- of  it  is  not  automatic— the  whole 
of  this  telegraph  system  is  not  automatic. 

Q.  Is  it  an  automatic  telegraph — not  whether  the 
whole  of  it  is  ? 

A.  That  depends  upon  tho  popular  acceptation  of 
the  word. 


A.  1  ho  whole:  of  this  telegraph  is  not  !intoi»»t<c 
Mint  is  what  ]  say  again. 

Q.  Now,  sir,  wo  will  suppose  yon  are  pallia; 
yoar  paper  into  Ibis  place;  then  would  themnehim 
work  at  all  ? 

A.  It  I  wanted  to  put  in  my  paper  ? 

Q.  Yes,  sir;  lake  out  this  sounder,  T,  and  pal  ii 
Place  of  it  the  Haiti  chemical  paper  apparatus— tin 
Bain  receiver  with  I  he  proper  apparatus  to  drive  it 
would  that  telegraph  then  lie  operated  ' 

A.  You  ask  if  that  could  work  ! 

Q.  Yes, sir ;  would  that  he  an  operative  telegraph 

A.  Yes,  sir :  it  could  work. 

Q.  Would  it  he  tut  operative  telegraph— a  douhh 
sender  telegraph  ? 

A.  You  might  have  a  sender  there. 

Q.  1  am  not  asking  what  you  might  have.  Yot 
have  said  what  you  would  do,  would  he  to  put  it 
your  paper  wheel  in  the  place  of  T  ?  A.  Yes,  sir. 

Q.  1  have  supposed  it  done;  would  the’thim 
work?  A.  It  would  work  ;  yes,  sir. 

Q.  For  the  purpose  of  sending  two  messages  it 
the  same  direction  ?  A.  Yes,  sir.  • 

Q.  There  would  he  a  mutilation  of  the  signal.' 
when  that  armature  fell  oil  at  the  moment  or  rover- 
sal?  A.  When  the  armature  roll  off? 

Q.  Yes,  sir. 

A.  When  the  armature  falls  off,  as  it  is  not  sup¬ 
posed  to  touch  the  hack,  stop,  it.  would  not  make 
any  trouble. 

Q.  No  matter  what  it  is  supposed  to  touch  ;  have 
you  finished  what  you  desired  tosav* 

A.  So  far  as  I  went. 

Q.  No  matter  about  the  back  stop  or  the  front 
E*?*,*?**  V1",,u  >,0»  Please  and  substitute 
the  wheel  of  the  Bain  machine? 

.It1woulfl  not  any  more  trouble  in  the 
sounder  1MP"  Sy8tem  t,mn  would  in  your 


Q.  Now,  this  apparatus  here  which  you  are  going 
to  take  away — 

A.  (Interrupting).  Permit  mo— I  suppose  these 
batteries  will  balance  ;  I  know  it  is  difficult  in  prac¬ 
tice;  I  know  it  has  been  a  burden  with  them,  but  593 
T  suppose  them  well  balanced  ? 

Q.  Bo  you  think  that  there  is  any  mechanical 
telegraphic  machine  ever  made  that  could  be  put 
in  in  the  place  of  that,  and  remedy  the  difficulty  oJ<  o. 

that  results  from  the  reversal  of  the  currents  in  the - 

neutral  relay;  if  so,  where  is  that  machine?  when 
was  it  made  ?  and  where  van  I  find  a  description  of 

A.  I  can  answer  all  those  questions ;  there  are 
two  ways  to  do  it  ;  if  I  understand  you,  you  asked 
me  if  a  chemical  paper  put  in  place  of  this  sounder 
T,  would  not  he  influenced — if  it  false  mark  would 
not  he  shown  upon  it.]  This  arrangement  must  bo  -gq 
well  adjusted,  and  then  I  see  no  reason  why  it  will 
not  work  just  as  well  as  the  other.  The  other  case 
is - , 

Q.  I  don’t  want  the  other  case  ? 

A.  You  want  to  know  how  it  could  he  remedied 
—how  the  reversal,  which  produced  a  kick  hack  on 
the  armature  could  he  remedied.  I  have  seen  it 
remedied  in  double  sending  chemical  telegraph  with 
no  more  trouble  than  is  experienced  there  without 
using  the  same  device.  This  reversal  of  current 
was  perfectly  remedied  in  the  paper  which  I.  have 
seen  ;  a  paper  in  the  quadra plex  and.  duplex  auto¬ 
matic  telegraphs  ;  I  mean  by  transmitting  by  per¬ 
forated  paper,  and  receiving  with  both  instruments  898 
by  chemical  paper. 

Q.  Now,  we  will  go  back  to  my  question ;  I  have 
not  asked  you  what  you  have  seen  in  any  hook  that 
would  do  it  ? 

A.  I  didn’t  say  in  any  book  ;  I  have  seen  it  di¬ 
vided  by  Edison  himself— I  have  seen  a  way  devised 
by  him  to  do  it  in  that  system. 


mm 


Q.  Was  that  thing  that  Edison  had  devised  the 
combination  of  that  neutral  relay  with  a  chemically 
prepared  wheel  and  arrangement  here? 

A.  It  was  net  that ;  it  was  in  the  other  system. 

Q.  I  don’t  want  any  other  system  at  present ;  we 
will  got  through  with  this.  You  lmvo  told  this 
Court  that  if  you  put  the  wheel  or  a  Bain  inslrit- 
5!Kj  mont  in  where  T  is,  then  this  would  be  a  double 
transmitter,  and  would  not  be  alleetcd  by  the  rever¬ 
sal  or  the  current  suspending  magnetism  in  that 
neutral  relay!  A.  Ho,  sir ;  it  would  not.  be  af¬ 
fected  ;  I  don’t  think  so. 

Q.  Will  you  just  tell  ns  why,  when  the  armature 
tails  oil,  the  neat  in  I  relay  hero,  at  the  moment  of 
reversal,  and  strikes  that,  (indicating  on  black 
board),  the  signal  would  not  go  through  the  chemi¬ 
cal  paper! 

A.  First,  I  do  not.  admit  that  ;  the  armature  will 
not  have  lime  to  kick  back  ir  well  adjusted-;  it  will 
conn;  lot-ward  betere  it  touches  it  ;  the  succession 
507  l,r  is  "O  quick,  ir  you  use  the  short  coil 

as  it  is  used  there  in  that,  system  of  quadruplex. 

Q.  I  don’t  care  about  any  details. 

A.  The  armature  will  not  have  time  to  kick  back 
on  a  short  hue,  if  you  keep  a  sullicient  play  be¬ 
tween  them,  and  it  it.  produces  that  effect,  it  wil 

ep'Jvtt/  ,,IO,lI,,u  118  "  sl)"n<ler ;  the  sound- 

i  will  kick  backward  and  give  a.  false  signal,  and 
the  paper  would  give  a  raise  signal,  too.  ’ 

Q.  ion  have  told  this  Court,  alreadv,  that  this 
apparatus  marked  U,  was  necessary  in  this  ma- 

. 

to.  . 

; ■*  “  >, 1  >" « ~  sjf,  asti 

marking  your  chemical  paper?  A.  Nothing. 


Thu  Court . — Why  is  it  not  equally  necessary  now- 
as  before  ? 

A.  Because  there  are  two  batteries  now,  which 
are  in  close  circuit,  which  try  to  work  that  sound¬ 
er  in  opposite  directions;  I  don’t  think  those  bat¬ 
teries  in  the  drawing  are  represented  right ;  the 
poles  should  be  reversed;  the  sounder  would  work  599 
then  ;  line  of  the  batteries  tries  to  work  thesound- 
e  -,  and  the  other  tries  to  prevent  it.  To  illustrate, 
suppose  there  is  a  carriage  with  two  horses, 
one  in  front,  and  one  behind,  and  they  both 
try  to  pull  it ;  as  long  as  they  pull  together,  there  is 
no  motion  of  the  carriage,  but  as  soon  as  you  re¬ 
move  one  of  the  horses— what  you  do  when  you  re¬ 
move  one  of  the  batteries  by  opening  its  circuit— 
then  the  carriage  moves  in  the  direction  of  the  other 
horse. 

Q.  When  there  is  a  su pension  of  magnetism  in 
this  neutral  relay,  thoarinatureletsgo,  and  is  pulled 
back  from  the  stop  ? 

A.  You  mean  a  reversal  ? 

Q.  "Vos,  sir;  when  the  magnetism  is  suspended 
by  reversal  ?  A.  Yes,  sir. 

Q.  When  magnetism  ceases,  then  this  spring 
pulls  back  the  armature?  A.  Yes,  sir. 

Q.  And  it  strikes  against  the  point  called  the 
back  point?  A.  Yes,  sir. 

Q.  Which  back  point  coming  into  contact  with  the 
armature  lever,  makes  a  circuit  around  here,  [indi¬ 
cating  on  the  drawing], and  that  circuit  being  closed,, 
starts  a  second  electro  magnet  which  does  the 
sounding?  A.  Yes.  sir. 

Q.  Now,  the  way  that  this  prevents  that  sound 
from  being  made,  is  that,  by  reason  of  the  arrange-  001 
nient  shown  hero,  there  is  so  much  time  taken  to 
charge  up  tliu  magnet  of  the  second  relay,  or  the 
sounding  relay  that-  the  armature  on  the  main  line 
is  jerked  back  from  contact  by  the  reversal,  before 
time  unoiigh  is  given  to  charge  the  second  rolny  and 
make  the  sound,  is  not  that  it  ?  A.  Yes,  sir. 

Q.  Therefohi,  the  slowness  of  this  arrangement  is 


mmimuu  MU  mu  ilium  lluu  lliu.s  Itsiuk  and  I  I 
nftcr  aii  exceedingly  short  time  i 

A.  It  may,  if  it  i.s  not  well  adjusted  ;  on  a  loiij 
line  it  will ;  between  Heston  and  Mew  York  1  tliinl 
it  would.  ■ 

Q.  Then  when  it  touches  the  hack  point  itniake 
a  circuit  ?  A.  Yes,  sir. 

Q.  It  that  circuit  remained  for  a  little  time  i 
would  sound  ? 

A.  Your  sounder  was  attracted  •  T  n„. 


nture  of  tlio  sounder  will  fall"  back. 

„  Q;.  Amwwmy  question  without  going  into  tliesi 
pmtieiilars  ;  it  that  contact  remainud  a  little  while 
thoro  would  be  a  signal  given,  would  tlieru  not  ? 


Id!) 


A.  There  may  be  in  some  cases  a  false  signal, 
not  a  signal. 

Q.  No  matter  about  false  signals. 

A.  A  false  signal  is  not  a  signal. 

Q.  It  is  a  signal,  whether  it.  is  false  or  true? 

A.  Tt  is  an  interruption  of  a  signal ;  it  is  it  coun- 
terfo'ting  of  a  signal,  because  the  sounder  is  down, 
making  a  dash,  for  instance  ;  it  is  a  spoiling  of  the  005 
signal,  that  is  what  I  mean. 

Q.  Certainly;  it  does  something  that  spoils  the 
signal  i 

A.  If  the  sounder  litis  long  cores,  it  may  prevent 
it  in  a  curtain  measure. 

Q.  By  virtue  of  the  fact  that  that  circuit  is 
closed,  there  is  an  effect  produced  here  that  spoils 
the  signal,  unless  there  be  something  to  prevent  it  ? 

A.  It  may  be  spoiled. 

Q.  Now,  in  this  apparatus,  what  prevents  it  is 
the  fact  that  it  takes  so  long  to  charge  that  core 
against  tliu  force  of  the  other  battery,  that  the 
circuit  made  around  here  is  broken  again  by  the  j.qq  ■ 
re-attraction  of  this  neutral  magnet  before  time 
enough  has  been  given  for  tile  local  battery  to  do 
that  work  ;  is  not  that  the  way  it  is  done  ? 

A.  Tlie  sounder  ns  at  present  constructed  would 
respond  very  quickly  to  the  motion  and  the  signal 
would  be  spoiled. 

Q.  But  this  apparatus  here,  having  the  two  liat- 
'  teries  balancing  each  other,  makes  this  tiling  so 
slow  to  respond  2 

A.  It  may  bo  very  quick  to  respond,  if  you  used 
some  sounders  of  the  Western  Union  Telegraph 
-  Company,  which  are  very  quick  to  respond. 

Q.  I  am  not  asking  you  what  might  be  done,  I 
am  asking  you  whother  tlie  theory  of  tlint  machine 
is  not  this,  namely,  that,  the  sounder  is  so  slow  to  007 
respond 

A.  It.  may  be  very  quick  to  respond. 

Q.  I  know — —it  it  is  very  quick  it  will  make  a 
false  signal  1  A.  Yes,  sir. 

(J.  Therefore,  it-  cannot  be  made  very  quickly 


A.  If  it  is  very  slow  it.  will  do  very  well. 

Q.  If  it  makes  a  false  signal  it  does  not  do  at  all, 
does,  it!  A.  No,  sir. 

Q.  Therefore,  it  lias  got,  to  lie  made  so  slow  that 
GOS  it  will  hot  make  n  false  signal  in  order  to  do  the 
work  required  here? 

A.  A  eommon  sounder  which  we  use  in  the  Allan- 
&  Pacihc  Telegraph  Company  will  respond  and 
break  sharply. 

Q.  Ido  not  ask  you  whether  you  could  put  some¬ 
thing  in  there  which  would'  cure  tile  evil  ;  I 
don’t  doubt  that  you  could;  what  1  am  now  ask¬ 
ing  you  is  how  does  this  thing  cure  the  evil ! 

A.  As  it  is  done  there,  so  far  as  l  know  it  is  by  ' 
taking  a  long  core  sounder,  and  haring  a  spring, 
not  very  fight,  so  far  as  I  see  it  in  the  drawing 

(!00  ^  In  the  thing  shown  in  the  patent  ;  there  are 

two  ways  shown  in  the  patent!  A.  Ves.  sir. 

Q.  Hi  either  or  the  two  ways  shown  in  that  pat¬ 
ent  thu  effect  is  produced  because  this  apparatus  is 
so  slow  to  respond,  no  matter  what  the  reason  nuir 
be,  that  the  very  minute  time  of  contact  is  not 
enough  to  make  it  respond  ! 

A.  If  it  is  an  improvement,  yes,  sir. 

Q-  No ;  is  not  that  the  way  the  thing  acts  ? 

A.  It  is  not  essential. 

Q.  I  am  not  asking  you  wlmt  til  am 

asking  you  whether  that  machine,  as  described  in 
that  patent,  does  not  work  just  as  I  have  stated  ? 
nn  rw  1 '  1  Ci"‘  I  S<J»  hi  that  particular  drawing 

enam,  r";S,,m‘1?  !t,  f°r  *>”«  purpose-rorinnking 
ho  lms1,1  "  "°lk  1  a°n’fc  know  whether 

wldel.T;J  ■  ISf  f°  slmvly  i"  to  do  the  tiling 

which  is  intended  to  be  done  1 

that  ilm! .t,,,e*^inn  loi’ me  is  whether  he  has  made 

to  re  -e  S  •  1OTr "  sIow  lnotio''  <>f  the  magnet 
to  prerent  a  spoiling  of  the  signal. 


1151 

Q.  Do  you  not  understand  this  drawing  here? 

A.  Where  is  the  specilicatiou  of  the  sounder  T? 

Q.  You  understand  it! 

A.  I  would  like  to  read  the  paragraph  in  this 
printed  case  before  answering ;  I  understand  very 
well  what  it  will  do,  and  why. 

•  Q.  Therefore  we  do  not  care  about  the  patent.  Gil 
Suppose,  now,  there  never  was  a  patent  for  this 
purpose  i 

A.  There  are  several  reasons  why  this  may  work 
well,  because  the  batteries  may  have  a  low  resist¬ 
ance,  and  that  makes  the  magnet  slow,  and  besides 
you-  can  have  a  magnet  with  a  long  core,  and 
you  can  have  a  retractile  spring,  not  very  tight. 


The  Court. — Is  it  not  because  it  is  slow  that  it 
remedies  the  evil  ! 

A.  It  remedies  part  of  the  evil,  yes,  sir  ;  some¬ 
thing  in  that  arrangement  will  remedy  part  of  the 


Q.  What  part  or  the  evil  it  remedies,  it  remedies 
because  it  is  slow  to  respond  to  the  closing  of  the 
circuit  !  A.  Yes,  sir. 


Q.  Now,  sir,  is  there  any  time  so  short  that  when 
two  poles  of  a  battery  lire  brought  together,  and 
thu  circuit  passes  through  chemical  paper,  that  it 
will  not  make  a  signal ! 

A.  Yes,  sir,  bat  tliat  will  not  prevent  a  false  sig¬ 
nal  being  remedied. 


Q.  I  am  not  askingyou  that ;  whenever  you  close 
the  poles  of  the  battery  in  the  circuit  of  which 
there  is  chemically  prepared  paper  after  the  man¬ 
ner  of  the  Bain’s  machine,  there  will  be  a  mark  put 
upon  that  paper  ?  0 1'3 

A.  The  mark  might  not  be  so  strong. 

Q.  There  will  be  a  mark ! 

A.  There  may  be  a  mark. 

Q.  Won’t  there  be  a  mark  1 


The  witness  asked  that  the  poles  of  the 
battery  be  changed  in  the  drawing. 


Q.  No  mutler  about  thu  ilnuving.  I  am  asking 
you  this  qiioKlinu  ;  liming  a  strip  of  chemical 
paper  set  up  mi  a  Bain  machine,  and  having  a  bat¬ 
tery  here  on  this  table  with  a  circuit  going  around 
through  the  poles,  and  having  a  break  circuit  in 
that  line  so  that  you  can  make  a  broken  circuit ;  is 
the  time  of  contact  so  small  that  the  signal  will  not . 
lil-l  be  marked  on  that  chemical  paper ? 

A.  The  chemical  paper  is  being  fully  alfected  in 
the  drawing ;  a  blue  mark  is  being  made  ;  the  posi¬ 
tion  is  Hie  reverse.  You  should  ask  me  is  there 
any  time  during  which  the  paper  will  not  be  all'ect- 
ed  liyllie  battery. 

Q.  I  will  ask  my  questions  in  my  own  way,  and 
when  i  want  your  advice  I  will  ask  it.  By  way  of 
meeting  that  criticism,  I  will  go  back  a  little.  If 
the  chemical  paper  is  going  to  be  put  in  here  in  the 
relay,  it  will  lie  nlleclcd  here  when  the  circuit  is 


Q.  The  rest  of  the  apparatus  remains  as  it,  is? 

A.  If  you  correct  that  drawing  the  paper  will 
not  he  affected  ;  the  drawing  is  not  correct. 

Q.  No,  sir ;  you  put  in  your  wheel  in  place  of  T, 
we  will  wipe  T  out  of  it,  and  put  in  your  wheel  ? 

A.  When  thu  circuit  is  closed  at.  tile  top  there  h 

. I,c  °tt  the  chemical  paper,  and  no  signal  it 

the  sounder. 

Q.  But  whenever  that,  is  dosed,  it  produces  at 
client  upon  the  signal,  does  it  not? 

A-  W|Mm  tho  im,mfllr<!  i»  set  right,  and  tin 
610  upper  circuit  is  open,  then  does  it  not  effect  it, 

Q.  And  it  does  it  because  it  is  a  sullicient  lengll 
of  lane  in  conluct  to  do  it? 

A.  Tho  battery  which  is  down-tho  working  but 
tery,  will  work  the  sounder  or  the  chemical  papers 
i  explains  itself;  tho  battery  which,  to  on  the  to) 
them  when  the  circuit  is  closed  by  tho  hack  contact 


sends  a  current  in  tho  reverse  direction  in  the 
sounder  or  in  tho  chemical  paper  mid  it  will  not 
work ;  now,  when  the  relay’  S— the  common  relay’, 
strikes  thu  armature,  it  opens  the  circuit  which  is 
on  tho  upper  local  circuit,  and  then  the  buttery’ 
which  is  below  is  free  to  uct  upon  tlio  souhder,  or 
on  the  chemical  paper. 

Q.  We  will  take  00  from  the  printed  book,  and  G17 
separate  it  from  the  rest  ? 

[Counsel  made  a  sketch  of  figure  2 
ef  tho  drawing  of  case  00  on  the  black- 

Q.  This  thing  would  do  the  actual  work  ? 

A.  Yes,  sir. 

Q.  In  that  case,  if  you  put  your  chemical  paper 
in  the  place  of  the  sounder  in  that  apparatus,  and 
tile  relay’  falls  back,  will  not  the  chemical  paper  bo 
marked  ? 

A.  Less  than  it  would  be  in  the  other  case  ;  per¬ 
haps  not ;  I  don't  think  it  would  bo  marked  in  that 
case,  because  the  sounder  prevents  it  in  a  great 
measure.  Yon  refer  me  ro  the  second  lignre  ? 

,Q.  Yes,  sir. 

A.  There  will  be  a  short  suspension  of  Hie  signal 
in  the  automatic  paper;  I  would  say,  for  instance, 
it  a  dash  is  being  made,  the  middle  of  the  dasli 
might  be  cut  by  a  white  interval,  hut  practically  it 
might  he  harmless,  because  those  blue  marks 
rase  into  each  other  more  or  less ;  it  will  be  correct¬ 
ed  by  the  chemical  process  perhaps  as  well  as  by 
the  magnetic  process ;  in  the  figure  2  it  will  bo  less 
troublesome  tlmirin  the  first  case,  because  we  have 
a  first  sounder  to  protect  us,  and  we  could  put  our 
appliances  in  place  of  the  second  sounder.  We  could  gm 
hare  a  bulky  sounder  and  adjust  it  so  as  to  lie  still 
more  free  from  the  trouble  in  the  second  .case  or 
figure  2. 

Q.  In  tho  second  case  you  put  your  wheel  right 
where  your  iirst  sounder  is  ? 

A.  No ;  where  the  second  sounder  is. 


k  Hint  till!  breaking  i>r  tin:  signal 
iicli  injury  ' 

not  practically ;  it  would  liu  loss 
in  wi+h  till!  .sounder  is  used, 
n  yon  have  got  these  two  nmehnui- 
is  uuiiiliiut!  in  llio  plums  indicated 
,  in  order  to  ninko  Hint  uiiltuuulic 
i  in  t tio  pliiru  of  (ho  keys  nn  nulo- 
ip  arrangement  ; 

cressary  lo  pul  in  n  paper  strip  nr- 
'i'lu  !l i'<-  ninny  nutoinulii:  ways  lo 
iiisliimi;  (liu  nii'rluiiiii'ul  wheel  wit ti 
iirrnngrnicnl  like  tlx*  teeth  ofn  rng- 
;,vi* ;l  key  wliicli  is  worked  l»y  per- 
"•  I  mn  linvii  tin*  regular  perforated 
isi*il  in  wlmt  limy  mil  llm  American 
mil,  or  I  muld  linvii  two  single  eon- 
or  llm  reversal.  There  is  no  need  lo 
>' produce  reversal,  und  uiiollmr 
i-cnit-prcscrving  contact ;  two  single 
i  do  if.  just  ns  well,  nnd  limy  enu  Im 


H  "“tat  wiy  you  know  how  to  do  il, 

slim  tn°n  1110  0,"'attel,,i(m  t0  You  llllVU 
Si  It!  to  Boston,  "lid  you  lutvo  been  directed  to 
i  t  into  nn  automatic  telegraph ;  you  have  ndd- 
|  W*  on'.tomnticreeeivei's;  now  ndd  on  to  the 

sar*'"' . . . . 

1 2C&  Sats1"  ** h  f 

A.  L'o  nmko  this  nntoninlie. 


A.  I  cun  use  the  very  paper  ns  it  comes  out  from 
llm  perforator  ninde  by  Edison,  and  I  can  arrange 
the  first  system  nnd  have  a  reversal  contact 
key  on  the  bridge  system,  und  use  only  one  bat¬ 
tery,  nnd  I  may  have  another  original  contact 
key  to  increase  or  decrease  the  current  on  the  line, 
by  short  circuiting  or  opening  a  resistance  coil  as 
il  is  done  in  one  of  Mr.  Edison’s  duplex  de¬ 
scribed  in  Prescott’s  hook  ;  ouyjiniio.se  ways  for 
instance, is  to  incrensc  aiiiUlccrease  the  current  on 
the  line  by  simply  short  circuiting  a  resistance 
when  necessary,  nnd  operating  a  short  circuit ;  the 
reversal  of  the  current  cun  bo  obtained,  as  de¬ 
scribed  in  the  Telegraph  Journal^— the  way  of  re-  ’ 
versing  the  current  on  every  line  by  a  single  con¬ 
tact  key ;  consequently  I  could  in  both  processes 
apply  one  common  paper  as  it  goes  out  from  the 
perforate!-;  some  other  paper  could  be  perforated 
perhaps  to  produce  those  results  in  another  way  ; 

T  have  seen  it  drawn  and  described  by  Edison  him-  (J21 
self,  1. believe. 

Q.  At  present  I  want  to  have  it  put  right  on  this 
machine;  here  is  tlie  double  continuity  reversing 
key?  A.  Yes,  sir. 

Q.  Here  is  the  continuity  quantity  key? 

A.  Yes,  sir. 

Q.  Do  you  propose  to  take  them  out  or  leave 
them  in  ?  A.  T  can  leave  them  in. 

Q.- 1  want  you  to.  do  the  best  thing  you  can  ;  we 
are  going  to  have  nn  automatic  sender  in  place  of  a 
linger  key? 

A.  I  can  make  the  same  contact  with  the  key 
or  with  perforated  paper,  us  I  have  seen  it  drawn  and  .  • 
described  by  Edison  himself ;  one  of  the  keys  re- 
versing  the  battery’s  circuit  and  the  second  key  in¬ 
creasing  the  current  on  the  line  by  throwing  in  a 
battery. 

Q.  Will  you  take  out  lliat  reversing  key,  or  not 

A.  I  can  leave  it  in. 

Q.  Now,  you  leave  that  in;  will  you  leave  this 
key  in  ?  [Indicating  on  the  drawing.] 


a.  i  in  ii  nave  a  cog-wheel  on  winch  r  hav 
dots  and  dashes,  and  I  can  have  a  little  projcctio 
from  each  end  of  I  lie  key  to  nib  those  wheels  so  a 
to  make  those  keys  work,  ami  have  those  wheel 
tinned  by  machinery  aiitoinnlicnllynnil  make  tlier 
work  alone. 

Q.  Now.  just  slop  there.  Yon  say  yon  can  hav 
a  kind  of  cog-wheel  with  the  .signal  'made  on  tin 


,  ’  . .  "■"■i-icaii  ffo  ov  clock  wi 

antomaticnllr 

Q.  And,  secondly,  yon  put  another  such  win 
as  that  on  to  this  key  here?  A.  Yes,  sir. 

Q.  And  Ion vii  llio  apparatus  ns  it  is \ 

A.  Yus,  sir. 

,,n}er  lo  ,1('  H'»t  .von  would  have  to  get 
ice  constructed  for  each  message  with  the  tee 
.  0 80  88  linve  this  thing.done  ? 

(lie  wh,0’,  Sil  ,’t ,,U!  ,'"n  1,0  Prepared  and  put 

horde  •  Ah* \lhoro,m  snrh  11  """K  In  dn  Moncel 
ook  Jh.  Morse  had  something  like  that. 

. . 

wliLlYeS’,  S"' tlu  Jr°»«el  has  ;  there  is  a.  k< 

^  t.'”‘  -r> 11 


ir>7 

Q.  Yon  can  make  a  wheel  with  a  message  set  in¬ 
to  it  metallically? 

A.  Yes,  sir ;  on  an  Helix,  for  example. 

Q.  And  then  yon  can  grind  that  around,  and  that 
will  work  that  key  in  placo  of  letting  a  man’s  lin¬ 
ger  work  it?  A.  Yes,  sir. 

Q.  That  would  make  this  thing  automatic  ? 

A.  Yes,  sir.  629 

Q.  That  yon  can  do  on  the  Morse  telegraph  the 
same  as  yon  can  this. 

A.  A'es,  sir ;  making  it  an  automatic  telegraph. 

Q.  That  is  an  automatic  telegraph  in  your  sense 
of  the  word?  A.  Yes,  sir. 

Q.  (Handing  a  key  to  witness.)  That  is  the  key 
we  are  talking  about?  A.  Yes,  sir. 

Q.  Now,  as  used,  the  operator  closes  it  down  and 
makes  a  signal  that  way  i  [Illustrating.] 

A.  Yes,  sir. 

Q.  Yon  purpose  to  go  beyond  that  key  and  put 
a  revolving  wheel  like  my  linger  here? 

A.  Yes,  sir.  G30 

Q.  Then  your  apparatus  would  be  operating  with 
the  speed  of  these  relays  and  keys  ? 

A.  It  may  be  twice  faster  without  changing  any¬ 
thing. 

Q.  But  it  cannot  be  any  faster  than  the  charge 
and  discharge  of  these  different  apparatus  will  per¬ 
mit? 

A.  Of  course  it  is  limited  by  the  whole  appara¬ 
tus. 

-  The  Court. — It  can  only  be  faster  inasmuch  as  the 
mechanical  appliances  may  be  faster  than  the  ac¬ 
tion  of  the  human  finger? 

A.  it  may  be  faster  than  the  operator. 

Q.  It  is  limited  to  the  speed  of  the  electro-mag¬ 
netic-  receivers  in  that  instrument  ?  631 

A.  Yes,  sir :  the  same  as  you  use  that  receiver 
you  can  use  another  receiver.  We  had  before  ii 
kind  of  sending  which  was  not  automatic,  while  wo 
received  automatically.  AVe  can  send  automnticnly 


li.  I  lie  picture  Hint  you  have  made  to  show  t! 
applicability  of  this  tiling  to  the  automatic  tel 
graph  is  this;  now  follow  me,  and  see  ir  lam  rM; 
Von  put  in  place  of  that  sounder  T,  a  Bain  i 
)  ceiver  i  A.  Yes,  sir. 

Q.  \  oil  have  the  elect  lo-magiielie  receiver  as 


Q.  You  put  in  in  the  place  of  the  sounder  N, 
Bam  wheel '  A.  Yes,  sir. 

Q.  And  you  Imvu  the  elect ro-magnetic  armatui 
receiver  as  it  is !  A.  Yes,  sir. 

are'  'a"'y«|VU,‘ 1,18  ltU‘VS  l,f  llle  l"l,<!r  end  as  the 
Q.  And  then  beyond  those  keys  you  put  on 
'vilh'imteHni'i-111  ”ofe|le!*  or  points  upon  it  tbit 

antonuho  InnsmSj ' ‘‘I  °"C  °f 

Vm,  » i  KI*  ’  1"»  Nioin  together 

••13  1,1  1 ‘  l.t'm  "l*  oii  one  of  those  wheels. 

automatic  ,  \  ^  | ,  1  1  f  1  fe  lit  thing  ai 

A-  That  is  one  of  rliu  ways  in  which  it  t„ 
made;  there  are  other  wavs  r  , 

the  bust  way.  i'*VS-  1  don  t  say  it  h 

Q.  I  ask  VOU  toirim  ... 

close  youvoie1 !u"nhe’r  ’’“"T 

tors  were  used  "ft  vmf"  “''n1’1"111  ir  1,10  t,lwm- 
^’ould  he  useful.  Yott  0uid  1®!?  •  U 

usual  any  way.  ,w  .  0  lfc  J,lsfc  us  fast  as 

*'  Ar-  "°7  "r 


Q.  As  compared  with  the  (500  words  a  minute 
business  > 

A.  You  are  not  hound  to  send  at  that  rate,  and 
you  cannot  always  do  it.  ' 

Q.  You  would  not  then  make  the  (500  words  a 
minute  business  out  of  this  when  you  got  that 
done?  A.  I  don’t  think  so. 

Q.  Now,  sir,  do  you  think  that  to  do  that  would  635 
he  a  useful  combination,  that  is.  to  make  a  set  of 
automatic  instruments  and  then  add  to  the  set  of 
mechanical  instruments  another  set  of  automatic 
senders, and  pat  them  altogether  into  one  thing,  do 
you  think  that  would  he  a  practically  useful  meth¬ 
od  of  telegraphy  ? 

A.  Why  do  they  prepare  the  chemical  paper. 

Q.  I  don’t  ask  you  that? 

.  A.  It  may  he  useful ;  some  other  thing  may  be 
more  useful. 

Q.  But  comparatively,  now,  compare  that  with 
the  automatic  in  which  there  is  no  intermediate 
machinery,  and  in  which  the  signal  is  made  direct 
from  the  line,  through  thedccomposimr  of  the  ferro 
cyanide  of  potassium.  A.  I  don’t  consider  that 
way  of  automatic  the  hest  process  ;  I  have  worked 
in  the  companv  automatic  on  local  with  a  relay 
with  far  better  results. 

Q.  t  tun  not  on  the  general  question  ? 

A.  It  lias  been  done  by  others  and  by  me. 

Q.  I  tun  asking  you  to  compare  these  ;  the  thing 
you  did  up  there,  adding  on  both  ends  another 
system  to  this  system ;  would  that  be  as  fast  a  tele¬ 
graph,  as  the  automatic  which  you  are  actually  work¬ 
ing,  and  which  is  now  in  use  ? 

..A.  It  would  be  faster  than  the  actual  telegraph, 
when  it  is  working  from  New  York,  to  a  point  (ive  037 
hundred  miles  distant,  because  the  double  sending 
sends  faster  than  single  automatic. 

Q.  How  would  it  be  to  Philadelphia  ? 

A.  That  is  a  different  .question  to  Philadelphia. 

Q.  IIow  fast  does  your  automatic  work  ? 

A.  It  may  not  be  useful,  to  Philadelphia. ;  the 


y  bo  ii 


Machine  with  the  arrangements  as 
n  flint  book,  how  many  words  on 
n  n  iniiiiitii  0:111  a  mini  send  to 


101) 


automatic  in 
lino,  but  Uwt. 

Q.  Oil  this  11 
you  find  tliou 
each  ot  tho  key 
Chicago ; 

1  A.  I  said  Hie  other  day  Mint  thirty  words  is  a 
good  average  speed,  but  I  hare  not  assisted  in  llio 
lost  made  by  llio  Western  Union  Company,  but  I  •  , 
think  they  have  written  Unit  their  lest,  was  better' 
than  that :  I  lie  speed  of  eneli  operator  was  exceeding 
dll  words  a  minute ;  I  would  say  that  -It)  and  per- 

1 . .  ‘ .  attained  over  that  long  line  to 

11  repeater  at  Hnflaln. 


Chieagi 


Q.  Von  think  35  words  would  be  a  very  large 
work,  to  Chicago  t 


.  Yes,  sir;  it  would  lien  vc. .  r 
Q.  Through  a  repeater.  Could  v 


by  adding  1 


vork  ? 


11 1  in  pro 


e  that 


aidiine  to  send  11 


1  A.  It  would  do  the  same  thing  as  the  operate] 

Tin)  Coin/. — Would  it.  increase  it  ? 

A.  They  might  be  able  to  continue  the  work 
longer. 

Q.  Would  that  enable  Unit  n 
words  than  35  a  minute  '; 

A.  Yes,  sir ;  I  think  so. 

Q.  How  many  words  do  yon  think  could  he  sent 
by  putting  the  cog  work  011  here,  mid  adding  to  the 
tail  end  here,  a  receiver  with  that  chemical  combi¬ 
nation? 

A.  That  depends  very  much  upon  that  rainy  S ; 

}  111  ls  11  of  practical  experience. 

yo"  tl,i"'k  .von  could  sent  Itrty 
words?  A.Yes,  sir;  !  think  so. 

W.  Jake  that  machine  as  it  is  without  adding 
rthmgs  to  it,  can  that  be  worked  as  fast  as  a 
sender  can  send?  A.  Not  always. 

Q.  It  cannot  be  worked  now,  as  fast  as  a  sender 
cn"  8ona  «ny  day  in  the  wed;  ? 


1 01 

A.  That  I  don't  know. 

Q.  Ho  you  believe  it  can  ? 

A.  Well,  they  say  tlioy  have  made  great  improve¬ 
ments. 

Q.  I  didn’t  ask  you  that;  do  you  believe  that 
that  apparatus  shown  on  the  blackboard,  now  wor 
ing  to  Chicago,  can  send  a  message  over  tile  lino 
fast  as  a  good  operator  can  operate  it  ? 

me  side  it  may  not.  There  are  two  a 
para tus;  one  with  the  rainy  may  very  well  roeor 
and  the  other  witVnot  record  at  tho  same  time. 

The  Court-. — Tno  operator  can  operate  so  fast  as 
to  inducu  interference? 

A.  O11  one  side  of  tho  system,  but  on  tho  other 
side  speed  cannot  be  incre:ised  without  difliculty. 

Q.  I  ain  asking  you  a  question,  not  whatmay  be; 
you  know  that  that  appa^tus  is  at  work  from  New 
York  to  Chicago  in  the  Western  Union  Company’s 
service  ?  A.  Yes,  sir. 

Q.  Thera  are  two  keys  here  in  Now  York,  in  the  042 
office  i  A.  Yes,  sir. 

Q.  And  there  ara  two  receivers  in  Chicago  ? 

A.  Yes,  sir. 

Q.  Now,  do  you  beloivo  that  either  0110  of  those 
operators  can  send  a  mossage  over  that  line  ns  fast 
as  he  could  work  the  key,  if  the  line  would  take  it 
— do  you  boliovu  it  sitting  right  there  in  that  ohair? 

A.  It  uaunot  be  dono  in  tile  Morse  system. 

Q.  No ;  in  that  thing  just  as  it  stands  now  ? 

A.  Well,  the  Morse  system  used  in  connection 
with  double  sending,  and  with  more  complication. 

Q.  It  cannot  be  done,  can  it — that  machine  can¬ 
not  take  the  signals  as  fast  to  Chicago,  ns  a  good  Q43 
operator  can  send  them  ? 

A.  I  can’t  tell,  because  I  don’t  know;  it  inny  ; 

I  am  not  expert  enough  in  that  matter. 

Q.  Have  you  no  opinion  on  that  matter? 

A.  I  cannot  have  an  opinion  unless  I  have  good 
grounds  to  believe  it. 

Q.  Have  you  not  enough  grounds  to  have  an 


108 


102 

opinion  on  Unit  subject— you  know  enough  about 
it  to  have  an  opinion  i 

A.  I  know  operators  transmit  at  a  very  great 
speed  from  New  York  to  Buffalo. 

Q.  No  matter  about  that ;  1  ask  you  it  it  is  your 
opinion  that  you  cnn  go  down  to  the  Western 
Union  Telegraph  Company's  ofliee,  and  send  a 
message  to  Chicago  through  the  keys  or  that 
instrument,  as  fast  as  a  good  operator  can  work  i 
A.  Operators  told  me  they  could  work  as  fast  as 
they  could  on  that  circuit,  and  that  it  will  take  it. 
Many  of  them  hare  told  me  that.  I  am  not  an 
’"'^operator  myself ;  I  cannot  tell. 

you  have  no  opinion  on  the  subject.  Is 


that  vi 


send  then 


A.  I  have  not  a  formed,  positive  opinion  as  to  ■ 
the  exact  speed  you  can  get  on  that  circuit. 

Q.  Well,  if  it.  is  true  that  that  instrument  will 
-ot  lake  llie  signals  as  fast  as  a  good  operator  can 
>  Chicago,  is  it  not  a  disadvantage  to 
)  •<>  Put  on  to  it,  the  means- of  faster  work¬ 

ing  that  key  by  a  machine,  and  a  receiver  such  as 
you  have  spoken  or? 

„  A'  .Il!  b«  ill>  ndvantgage  for  regular  work 
the  signal  may  be  more  regular,  and  the  speed  will 
continue  fur  a  longer  while. 

—  Lh  f  is  a  matter  or  mathematical 
time  or1"’’  ■Wt  'vol'lh  "1,ile  lf 


o  spend  any  n 


tiveiy1  <aU  f  t011  "  T  don’t  know  posi- 

S'1’  'n  t',e  Mom,  line  to  Chicago,  or  to 
040  Seno  ,o°H  Ci,,;i,,'t  your  wheel  on,  and  vour  re- 
'  u  “t attJw  other  end,  can’t  you  ? 

A.  On  ti Morse  lino-yes,  sir. 

.  Q.  W  ouhl  that  facilitate  tho  dispatch  or  mes- 

Q  I'hln-! ,  J  liM° \rA  0,1  «>«  *»•»« one. 

York  with  ig0t  a  ^6l'S0  line  starting  in  New 
"‘th  11  and  ending  in  Chicago  with  a  re¬ 


lay  like  this  one  here,  and  with  a  local  circuit  for 
sounders  :  that  is  how  it  would  be,  if  it  were  made  1 

A.  Yes,  sir. 

Q.  Now,  would  it  facilitate  the  sending  of  mes¬ 
sages  over  that  line,  to  work  that  key  with  a  ratch¬ 
et  wheel,  and  add  to  this  relay,  your  chemical  're- 

A.  Yes,  sir ;  it  may  facilitate  it  in  many  cases,  647 
for  many  reasons  ;  it  can  permit  you  to  use  an  op¬ 
erator,  who  cannot  raid  by  sound,  at  tho  trans¬ 
mitting  end  ;  3-011  can  increase  tho  speed  too,  per- 

Q.  That  lino  from  New  York  to  Chicago,  cannot 
send  a  message  as  fast  as  a  good  operator  can  work 
the  key  ? 

A.  No,  sir ;  not  without  repeating  at  Buffalo. 

Q.  Witli  a  repeater  at  Buffalo,  and  going  on 
to  Chicago,  a  Morse  line  cannot  carry  a  message  as 
fast  as  a  good  opcrater  can  work  the  key  1 

A.  I  saw  them  transmitting  35  words  a  minute, 
at  Bulfalo,  that  is  very  good  ;  I  don’t  know  that  g^g 
tlie3-  can  do  more.  ' 

The  Cowl. — Suppose  it  docsNvork  nt  35  words  a 
minute,  and  that  would  bu  the  limit  of  apparatus, 
would  it  facilitate  tho  transmission,  to  add  to  it. 
this  wheel  of  which  3-011  speak,  the  paper  receiver  of 
which  you  speak,  at  the  other  end  ? 

A.  It  would  not  facilitate  so  far  ns  the  electric 
facility  is  concerned,  or  tho  sending  of  the  cur- 
’  rent. 

Q.  A  good  operator  can  send  50  words  a  minute? 

A.  They  have  done  it,  but  they  cannot  sustain 
that  for  any  length  of  time. 

Q.  A  lirst  rate  operator  can  send  50  words  for 
two  or  three  hours?  A.  I  don’t  think  so. 

Q.  AVull,  forty  words  ? 

A.  In  reducing  speed  that  way  you  can  increase  - 
tho  time. 

Q.  Can  3'ou  seud  40  words  on  a  Morse  machine  to 
Chicago  ? 


:l 


A.  I  told  you  thirty  words  was  a  very  good  aver¬ 
age  spued  fora  fall  working  day  for  an  operator.  . 

Q.  I  ask  you  the  quest  ion,  can  you  send,  if  you 
have  an  operator  to  do  it,  -it)  words  a  minute  on  a 
Morse  instrument  to  Chicago}  A.  Not  all  day. 

*«•  I.  am  not  asking  yon  all  day;  can  a  good 
bd0  ppnmtor  sit  down  and  send  forty  words  by  a  Morse  ' 
instrument  to  Chicago,  repeating  at  Bnlfalo  i 

A.  A  cs,  sir ;  for  it  certain  length  of  time. 

Q.  If  the  machine  will  do  it  for  a  certain  length 

of  time,  it  will  do  it  for  all  time  ?  A.  Yes,  sir. 

Q.  Yon  say  a  Morse  instrument,  will  send  40 
words  on  a  line  to  Chicago  ? 

A.  Yes,  sir;  I  think  so. 

Q.  Did  you  ever  see  it  done? 

A.  I  liaye  not  seen  it  done,  because  I  have  not 
asked  an  operator  to  transmit  fortv  words  a 
inmuto,  but  it  would  be  about  the  limit, 

Q.  Unit  is  about  as  much  as  the  machine  would 
Col  "ike  ?  A.  Yes,  sir. 


C52 


105 


April  25,  1877. 

Q.  I  wish  to  call  your  attention  now  to  another 
matter.  In  this  instrument  when  the  increased 
current,  which  actuates  tlio  neutral  relay  is  cut  off, 
there  is  still  a  current  all  the  time  flowing  through 
the  neutral  relay,  and  that  neutral  relay  is  in  a  653 
closed  circuit,  is  it  not  ?  A.  Yes,  sir. 

Q.  As  a  consequence,  that  neutral  relay  loses  its 
magnetism  much  more  slowly  than  it  would,  if  it 
were  not  kept  in  a  closed  circuit  ?  A.  Yes,  sir. 

Q.  This  neutral  relay  will  lose  its  magnetism 
much  more  slowly  when  it  is'  loft  in  a  closed  circuit 
than  it  would  if  it  were  cut  out  the  circuit  at  the 
moment  when  the  current  it  actuates  ceases  to  per¬ 
form  its  function? 

A.  Yes,  sir. 

Q.  The  time  is  much  greater,  if  left  in  the  closed 
circuit,  than  if  cut  out  ?  A.'  Yes.  1 

Q.  .Therefore,  that  timeisudded  to  the  time  of  the 
ordinary  Morse  relay,  when  this  particular  duplex  1 
instrument  is  used,  and  slows  down  that  signal 
instrument  in  the  proportion  that  the  continuation 
of  the  circuit  delays  the  discharge  of  the  magnet. 

Is  that  so  ? 

A.  Yes,  sir ;  I  will  grant  you  that— if  you  mean 
by  the  Morse  relay,  any  of  those  relays,  for  in¬ 
stance. 

Q.  Yes,  the  ordinary  Morse  system  ? 

A.  The  relay  with  the  short  core  will  he  less 
affected  than  this  one  with  no  core. 

q.  What  you  mean  to  say  is,  that  the  longer  the 
cores  of  the  magnet  are,  and  the  bigger  they  are  in 
diameter,  tlio  slower  they  are  to  charge,  and  the  655 
slower  they  are  to  discharge?  A,  .Yes,  sir. 

Q.  And,  therefore,  if  you  make  a  relay  with  a 
small  core  it  will  make  the  discharge,  and  the 
charge  quicker  than  with  a  long  core  ? 

A.  Yes;  and  this  one  will  discharge  quicker 
than  the  other. 

Q.  Because  of  the  greater  amount  of  power  in¬ 
volved  in  the  core  ?  A.  Yes. 


. 

.  “irrrc" — 

is  product  by  n'long  °co!°  ^J''0  the  lowness  Hint 

that  Moree  roiav  iVere^lM- '**  8,'fom  yo"  a,1rt  lo 
,,,i,tfi,ct’ t,,aU]10 

ttfti£Tr^i^f^or  nc^' 

1,111 1  «»  relay  (N„.  n  ,0  /,  y'!"  plei,s.e>  ™H»» 

A.  Yes,  sir.  tlus  WfPimzation  ? 

Mw-se  f°  "’0rk  "  '" 

<!',‘  speed*  A.  Yes°'s!r  °1,erntc  nt  il  w  in  in  rale  of 

S&aS&sxsar* 

Q.  SS?2iTl,^i"Stl,o  sm"02  A-  Yw. 

]"ul  supposed ’the  perfmJn^'  ’ 41,18  yostml,,)’>  you 
1)0  put  at  one  end  oEil  ****  ^nsmiticr  to 
Posed  the  sensitised  lmmv  riT’  ",ld  you  ll!l<1  sup- 
<*><1  of  the  system  th  !  ,P°  bu  P»‘  at  the  other 

G58  perfect  and  complete  iushlonf0^1'0 tl,lp,L>x system 
autonmtic  is  is  added  to  if?  °  «>*■  torn,. tic- the 

.  th°  terinS‘‘Sd!!p]t™_»  ^ is  to  distinguish 

Q-  Butin  this  case? 


167 

an  improvement  in  duplex  telegraph  of  which 
tlio  following  is  a  specimen,  &c.  ?” 

A.  And  he  oxplains  what  ho  intends  by  “  duplex 
telegiiipli.” 

Q.  Now,  is  there  any  system  of  telegraphy  what¬ 
ever  that  you  know  of,  to  which  you  cannot  add  , 
the  perforated  paper  to  one  end  and  the  chemical 
receiver  at  tlio  other  end  of  it.  If  so,  name  that  659 
system  ? 

A.  Do  you  oblige  mo  to  take  all  the  parts  there  1 

Q.  No.  I  ask  if,  in  tlio  world  there  is  any  sys¬ 
tem  of  telegraphy  which  you  know  of,  to  wliicli- 
you  could  not  .add  tile  perforated  paper  transmitter 
to  one  eud.of  it,  by  way  of  starting  the  signals,  and 
the  chemical  receiver  at  the  other  end,  by  way  of 
receiving  those  signals  2 

A.  You  mean  generally. 

Q.  At  the  terminal  stations  2 

A,  Yes,  there  is  such  a  system. 

Q.  Where  is  it  2 

A.  I  don’t  know  that  I  am  obliged  to  designate  qqq 
the  system. . 

Q.  You  are  obliged  to  answer  ns  far  ns  you  know. 

A.  I  have  seen  such  a  system. 

Q.  Tell  us  what  the  system  is  2 

A.  I  will  give  yon  a  general  sketch  of  the  sys¬ 
tem.  The  system  works  exactly  in  conformity 
with  the  first  claim  of  this  patent  “00.”  That  is 
to  say,  I  transmit  one  message  by  perforated 
paper  at  the  transmitting  end — one  message  by  re¬ 
versal  of  the  current,  and  the  other  messngo  by  in¬ 
crease  or  decrease  of  the  same  current;  and  the 
messages  are  received  at  the  distant  end  of  the  line 
on  chemical  paper. 

Q.  That  1ms  got  chemical  paper  already  in  it  2  001- 

A.  Yes. 

Q.  I  am  asking  not  for  any  system  which  already 
lias  an  automatic  system.  Leaving  out  of  view  any 
automatic  chemical  telegraph,  is  there  any  other  of 
the  systems  of  telegraphy  known  in  the  world,  to 
which  you  cannot  add,  if  you  would,  the  perfor- 


108 


sjsc^rsAss-**-- 

fclie  Sr’:in'°  ae,"n-  Yo"  C0,'lil  do  it  with 

«  =  ?££3n3T-S; 

e  are  so  many  systems  of  telegraph  v  I 

»  .rr.";";  w  >; n 

wni  Uo!'HMN  /  'lou  t  tliink  It  would  bo  frue.  I 

^£zsasrt  3?  yw*  —■ 

tom  "or  tdeiZ"!  roTh/'!!"11 11  pr™nt  any  sys- 
foralcd  paper  atone  cm  .m  T  “0!ndd  •M;," 

tlio  chemical  receiver  -TI* frl,  „  “".l 

er;  if  tller(!  is  slll  ,  at .tI,e  otl,el'end  ns  the  record- 

you  have  in  your  mind  fCIn  system  thilt 

v-  I  do  not  see  any.  Wheatstone  telegraph,  for 


“Ai'i/systcm  ''ofM1.1"''1  I'10  ‘*"bSlio"  very  "ell. 
system  it  may  |)e  .,  **rnI,,|y*  It  may  be  a  printing 
j1  h"«  been  .lone  in  GwSy  •'  £“h,tio  "lucl,ioily; 
'ems  of  telegraphy.  0  ’  1,10  '"‘"O'  »!'»- 

ten,  of  telegmphytp""'^®  if'  Is  f101'0  sys- 

lastruniont  is  not  started  I,,  10'V- °r  wl,ich  1,10 

circuit  or  by  elosi.  ,  i  J  °l,<mmS  !I"'I  closing  a 

"eS.°'»™'btokI  is 

m:oKii  SnSl tho^ 

. 

J'ged  tolS"roML°;in?,lor  l>le,,se.  I  feel’ ob- 
into  tlie  whole  Held  of  telo  ’  )0?'"sn  wo  arc  going 
forever.  We  do  .mt  e,l?1,1,1,y*  ease  will  last 
t  claim  a  system  of  telegraphy 


109 

under  this  clause  of  our  contract  in  regard  to  in¬ 
ventions.  I  think  the  question  should  be,  “are 
there  any  inventions  in  telegraphy  which  are  not 
applicable  to  the  automatic  system  ?”  But  wlietli- 
er  there  is  any  system  of  telegraphy  to  which  the 
automatic  can  be  applied  is  not  material.  If  your 
Honor  finds  that  these  inventions  relate  to  auto-  6Go 
matie  telegraphy,  we  claim  them.  They  argue  it  is 
not  the  best  system. 

The  Court.— If  I  understand  the  counsel,  they 
wish  to  show  that  the  term  “  applicable  ”  has  an 
exact  significance,  by  showing  that  this  invention, 
such  as  it  is,  is  applicable  to  their  system  of  tele¬ 
graphy. 

Mr.  Wheeler.— 1  think  his  question  should  be 
limited  to  the  language  of  the  paper.  The  contract 
-  assigns  the  inventions  applicable  to  automatic  tele¬ 
graphy.  I  asked  the  witness  if  these  inventions 
were  applicable.  Now  ho  is  asked  “is  there  any  bbb 
system  of  telegraphy  to  which  the  automatic  system 
cannot  bo  added.”  I  say  that  that  is  not  material. 

The  Court.  — The  question  is  as  to  whether  this 
perforated  paper  on  one  side  and  the  chemically 
prepared  paper  on  the  other,  can  be  attached.  The 
witness  is  under  cross-examination  and  I  tliink 
great  latitude  should  be  allowed.  Not  being  so 
familiar  with  these  matters  myself,  I  am  very  much 
averse  to  ruling  out  testimony. 

Mr.  Wheeler. — I  understand  that,  but  the  point 
we  claim  should  not  be  obscured  by  the  oross-  ex- 
animation. 

Mr.  Dickerson.— Iwill  try*  to  Acidate  it. 

Q.  Now,  I  will  ask  you  tlie'question,  isn’t  it  true 
that  in  all  telegraphs  that  you  know  of,  the  signnl 
is  transmitted  from  the  sending  end  by  the  move- 


170 


"  kuy’  or  twmsmittcr,  or  instrument  of  some 

Kind  tli.it  opens  and  closes  (lie  circuit? 

A.  No,  sir;  there  are  systems  where  this  is  not 
used  at  all,  and  cannot  be  used. 

Q.  AVlmt  system  2 

in  »  nmgneto-eloettic  machine 

GGS  nlnHT10  tnins"ut ting  end  and  put  it  in  rev- 
GGb  olu  lion  5  I  am  not  to  break  the  circuit. 

ofHi..«l™  ,tlmt 11,1  teluS«iphs  thatyou  know 

of  the  signal  is  transmitted  from  the  sending  in  bv 

ntdTsnL‘Mi0f  V^’01'  or  iuslru- 

cuit  l  f  51,1(1 4 l,"t  opens  and  closes  the  cir- 


cii’cuit— -most  positively °r  0,08,1,8  01  ",0 
tl,o  sim,.n  t‘"U in  i,U  systems  of  telegraphy 
o  so  no  i  "'•"1S,.,,,ttud  ]>y  tlle  movement  of  a  kev 

some  wny'oi^other  '  a!‘  Yes"  t,le  dro",t  in 
nimiuidly  byyo!,^  n,nko  t,m*  movement' either 
rated  papoViWdch  wif  ’  f°-  by  ,,so  ot  il  ^ 
ate  mechanism  that  will  n"1!,"0^"  11,1  inturm«H- 

you?  ‘  u*  ni«ke.  tlio  niovoiuenfc for 

which  thnt  c!innot\rusedSySt0mS  °f  telo"n,1)1'y  1,1 
l  ^lopl-ne. 

070  graph;  you  can  tml.Vmlb  1We8W»h' "ml  !t  «■  a  We- 

you  cun  write  H.  ^  ^°U  ^stun  to  conversation 
voice  ? 

Paper,  in  my  opinion  °Bnn0t  do  U  hy  Pejorated 


Q.  Yon  cannot  do  it  by  any  machine  ? 

A  No,  sir;  not  to  send  the  voice. 

Mr.  Dickerson. — If  your  Honor  please,  that  is  a 
machine  in  which  the  speaker  speaks  to  a  piece  of 
iron.  Its  vibration  under  the  impulse  of  the  voice 
generates,  by  its  connection  with  some  artificial 
magnet,  electricity,  so  that  the  human  voice  is  turn- 
od  into  electricity,  and  the  impulse  of  the  electrici¬ 
ty  runs  along  the  wire  to  the  other  end,  sets  in  vi¬ 
bration  a  corresponding  iron  plate  at  that  end,  which 
iron  plate,  of  course,  agitatos  the  ear  by  its  vibra¬ 
tion,  and  the  listener  hears  the  vibration  at  the 
other  end. 


The  Witness. — It  is  a  telegraph. 

Q.  AVlmt  is  the  meaning  of  the  word  “  tele¬ 
graph  2” 

A.  The  meaning  of  the  word  telegraph  is  any 
]ii<,!uiing  winch  can  transmit  intelligence  at  a  dis¬ 
tance. 

A.  I  think  you  are  mistaken.  Now,  I  go  hack  to 
the  year  1871,  because  the  telephone  was  not 
thought  of  at  that  time ;  in  the  year  1871,  Hr. 
Bell’s  telephone  did  not  exist  ? 

A.  No ;  but  lteiss’  telephone  was  in  existence. 

Q.  Leave  out  telephones.  Do  you  know  of  any 
telegraph  (that  is  not  a  telephone)  in  which  or  to 
which  you  canuot  apply  the  perforated  paper  as  a 
means  ot  mechanically  moving  the  instrument 
which  affects  the  state  of  electricity  ? 

A.  Yes,  sir;  I  know  a  telegraph  which  is  not  a 
telephone,  in  which  you  canuot  use  the  perfor¬ 
ated  paper. 

Q.  AVhatisitl  '  .  ,  . 

A.  A  telegraph  described  in  Sabine  s  work,  in 
which  static  electricity  is  used  to  transmit  signals 


atn  distance. 

Q.  How  is  the  notion  of  the  electricity  brought  tc 
hear  upon  the  paper ;  tell  the  Court  wlintyou  menr 
by  “static  electricity  ?” 


A.  It  cannot  be  told  what  it  is ;  no  body  knows 
Q.  Generally  speaking,  it  is  frictional  electricity. 
A.  It  is  so-called  ;  it  is  electricity  which  remains 
at  the  surface  of  the  bodies,  and  propoirntes  over 
them,  if  they  are  conductors. 

05-4  Q’  jMg  cnso  t1"-'ru  'S  no  galvanic  battery  ? 

Q.  Then,  I  coniine  my  question  a  little  lower;  do 
iou  know  of  any  telegraph  apparatus  nsin«-  a 
ne  f.m.T  rt<Jr‘V’  t0  W,,ich  yOU  a,unot  "1'1'b’  the 

pufm.ited  paper  transmitter,  for  the  purpose  of 
“toP'ccoorpnrt  that  distributes  the  elec¬ 
tricity  ;  if  so,  what  is  it? 

van,.  !  don’ 1  t,lillk  there  is  any  use  in 

}  om  asking  that,  because  they  do  not  use  the  ■ml- 
1'inic  i,!,ttery  in  Siemens’  telegraph  and  they 
transmit  by  induced  current  °  1  ’  J 

Q.  Induced  from  what  ? 


r-  O  !m'Vha  '"^'‘oto-eleotrie  machine. 

‘ "  A.  Yes  sir“,fiU  ^  M'SL‘  1K“,'fH,",ted  1 

paper  *!  ln‘lcb'l,(J  °n  which  perforated 

utedmpeV'rKrit7"Uh  W0‘‘ka  '  llo‘l  r 

whether  you  Jmot S* i'y  ^"^htoknmr, 
Which  ildd  t0  tiny  such  machine, 

ated  paper  .  '  ks  "’ull,lut  perforated  paper,  perfor- 
ed  for  ,  !l'SfCad  °f  tb®  al>I>iiiiitus  which  is  now 
.M  f  ^  o  tl  o  ]  o  s  tl  t  1 1  I  mo  the  dis- 

ic  bat5X,m,V°  tl,U"1,1,i,mtus  With(m  ug'dvan- 

Crc  ,le|’u|lf‘"»ih[„eiilA’8  Yes'1'"8 

ATr  n-rt  St,lti0electricitj'?  A-  No,  sir. 
within  the  lnst0/ifteenf  v*0  C°i,Ut  ,,k‘uso>  Mere  k»s, 
gentleman  named  Wilde' in’ kI"'0?  dIscovemd  by  a 

“1™“‘  -»h„,,“Xt„7£aSM 


helices  ;  Mr.  Saxton,  in  this  country,  was  perhaps 
the  first  inventor  of  it,  and  you  have,  no  doubt, 
seen  it  in  medical  use,  turned  with  a  crank;  there 
is  no  battery,  but  by  tliu  muscular  power  spent  on 
the  crank  a  current  of  electricity  is  generated,  and 
that  can  be  used  as  well  ns  a  battery,  whenever  you 
have  occasion  to  use  it ;  it  is  not  static  electricity. 

The  Court. — The  term,  “galvanic,”  is  applied  to 
electricity  produced  by  a  battery. 

Mr  Dickerson. — The  word  “galvanism  is  taken 
from  the  name  ol  the  inventor,  who  made  the  Inst 
galvanic  battery,  and  lienee,  the  word  “galvanism 
conies  to  signify  a  current  generated  from  a  pile  of 
different  metals.  ,  .  .  . 

The  Court. — Whereas  the  ordinary  electrical  ma¬ 
chine  produces  electricity  by  friction  1  _  '  ; 

Mr.  Dickerson. — Yes,  frictional  electricity  flows 
over  the  surface  of  the  conductor,  whereas  galvanic 
electricity  is  supposed  to  be  produced  through  the 
body  of  tlie  conductor;  the  one  is  supposed  to  go  f)T8 
on  the  surface  and  the  other  through  the  body  ,  but 
there  are  many  other  tilings  besides ;  that  I  sup- 
pose  to  bo  a  distinct  characteristic  feature ;  Mr. 
Franklin  is  the  inventor,  I  b®lie'L®>  of  ',sin®  ®!®“‘ 
tricity  for  telegraphing  ;  but  the  diiUciilty  of  elec¬ 
tricity  is,  that  it  cannot  be  controlled  ;  it  dispenses , 
tlie  galvanic  battery  controls  itself  as  long  as  there 
is  a  circuit;  secondly,  electricity liud no  pen® to  mg 
power- tliatis,  static  electricity  had  no  penetrating 
;  power ;  it  leaked  off  the  surface. 

The  Witness. — By  taking  precautions  you  can 
use  it;  I  don’t  say  it  is  a  good  system. 

Mr.  Dickerson. — It  is  a  thing  that  at  that  tamo 

could  not  bo  done  at  all,  and  when  Franklin  used  67 

it  he  very  soon  ran  to  tlie  length  of  tlie  wire,  aud  it 
was  not  until  dynamic  electricity  came  into  exist¬ 
ence  that  telegraphy  was  possible.  ■ 

O  Now,  wluit  is  used  always  m  telegraphy  pmc 
ticaily  is  this  galvanic  electricity,  or  ifca  ®®ngcner, 
magnetic  electricity  generated  by  a  mngnetio  n 
chine;  but  in  all  instances  there  must  bp  some  in 


electro  magnetic  nmcliino,  there  must  be  some 
Jneans  for  nirecting  the  distribution  of  the  generated 
electricity  2 

A.  I  have  shown  a  ease  in  which  there  is  a  mag¬ 
neto-electric  machine  where  you  cannot  apply  the 
perforated  paper. 

Q.  What  is  that  machine— in  the 

nrst  place,  how  is  the  electricity  generated 
by  the  machine  described  in  the  apparatus  that  you 
speak  of,  and  where  is  that  telegraph  in  operation  1 
A.  lo  come  back  to  the  Bell  telephone,  it  is  not 
only  a  teiephono,  but  a  magneto-electric  telegraph. 

Q.  Do  not  discuss  the  Bell  telephone.  We  drop 
that  out.  Let  me  ask  you,  do  you  mean  to  say 
’to,  ]3e  tulel)ll0,lu,  working  between  Boston 
and  Salem,  uses  the  electro-magnet  2 
A.  Yes,  sir  ;  as  described  in  Mr.  Prescott’s  book. 
Q.  I  think  you  are  mistaken.  Now,  leaving  the 
eepbone  out  of  the  case,  you  slate  you  known 
telegraph  that  used  the  magnetic  electricity,  and 
i  could  not  use  the  perforated  paper  as  a 
means  of  controlling  its  distribution.  I  want  to 
Know  wliafc  machine  you  refer  to  ? 

A.  Suppose  I  take  the  Gramme  machine ;  it  is 
a  continuous  circuit  machine, 
flow  J'eleS;  ^'J'lg-Sonerates  a  constant 

graph*?™  C°U,a  y°U  p,,t  ifc  0,1  t0  !l  lino  of  tele‘ 
A-  By  turning  a  crank  the  current  Hows. 
rrm.il,  in 'lnt  t0Jtno"’ thu  Metric  or  magnetic  telc- 
gmpli  m  operation,  which  is  operated  without  any 

sendine'in0  f°1na,st,;ib,'ti"S  the  electricity  at  the 
I  1 "  *1(ne  18  that  telegraph  in  operation, 
and  where  do  you  find  a  description  of  it  ? 

don’t  ,r0  S'ly  th,lt  thmo  is  one  in  operation  ;  I 

don  t  know  of  anyone  in  operation. 

Do  you  know  of  any  telesranli  described  in 
any  published  book,  and  if  so ‘S  “Ik 


and  what  is  its  name,  in  which  the  current  of  elec¬ 
tricity  is  not  etfected  by  the  movement  of  some  con¬ 
trivance  under  the  control  of  the  operator  which 
distributes  in  some  way  the  electric  current  that  is 
to  be  used  ? 

A.  Just  in  the  same  manner  I  have  shown  you 
that  unexpectedly  tomyself  I  found,  by  thinking  of 
the  Bell  telephone,  which  is  positively  a  telegraph. 
Though  I  have  not.  actually  present  in  my  mind, 
some  telegraph  using  a  galvanic  battery,  which 
cannot  transmit  by  perforated  paper,  it  may  be 
that  being  more  at  leisure  I  could  find  such  a 
system  ;  I  cannot  say  actually,  that  I  have  any  in 
my  mind. 

Q.  Not  having  any  in  your  mind  at  present,  we 
will  not  follow  that  further,  and  I  ask  this  ques¬ 
tion  ;  in  any  system  whatever  in  which  there  is  a 
moving  key' or  similar  apparatus  for  distributing 
the  current  of  electricity,  whatever  may  be  its 
name,  can’t,  you  move  that  Key  just  as  you  propose 
to  move  this  on,-,  by  applying  to  it  a  perforated  GSJ: 
paper  transmitted  ?  A.  Yes,  sir. 

Q.  And  going  on  to  the  other  end  of  it,  can  t 
you  take  the  signal  which  goes  over  the  line  on 
which  appears  at  the  other  end  of  the  line,  and 
use  it  ns  the  means  of  recording  upon  the  sensi¬ 
tized  paper  as  you  propose  to  use  it'  here,  in  some 
analogous  way  ? 

A.  You  put  me  the  same  question  in  regard  to 
receiving  it,  that  y'ou  did  at  the  transmitting  end. 

Q.  Yes. 

A.  I  will  bring  the  Bell  telephone  in  again. 

Q.  We  leave. that  out? 

A.  I  don’t  see  why  you  leave  it  out ;  it  is  a  tele- 
graph.  • 

Q.  No. matter,  wo  do  leave  that  out.  Leave  out 
all  tho  telephones.  The  question  excludes  all  tele¬ 
phones  ? 

A.  Yes,  sir  ;  in  tho  printing  telegraph  that  will 
not  do. 

Q.  You  ennnot  take  the  printer  out,  ns  you  take 
the  sounder  out,  and  put  in  the  sensitized  paper  ? 


A.  Yes;  but  it  you  leave  the  transmitter  out 
which  you  have  in  use,  in  tlio  printing  telegraph, 
the  signal  would  not  mean  anything  at  all. 

Q.  Can  you  make  paper  which  would  make  in¬ 
telligible  signals  2 

A.  I  am  not  obliged  to  invent  some. 

J  Q.  Is  not  the  printing  telegraph  worked  by  print - 
ing  paper— tlio  Phelps’  system  1 

A.  Yes  ;  but  it  would  not  take  it  in  that  case. 

Mr.  Wheeler — Wo  are  now  at  the  receiving  end. 
As  I  understand  your  question,  that  has  nothing  to 
do  with  the  transmitting  end. 


know  any  telegraph  in  which  you  cannot  use  sen¬ 
sitized  paper  at  tlio  receiving  end  to  receive  signals 
and  record  them  2 

A.  You  ask  it  there  is  a  system  in.  which  it 
not  be  used.  There  are  in  tlio  printing  tele; 
systems  where  it  cannot  be  used. 


n  tlio  printing  telegraph 


Mr.  Dickerson. — If  your  Honor  please,  the  print¬ 
ing  telegraph,  so  called,  is  a  system  like  this.  At 

the  Washington,  or  one  end  oC  the  line,  there  is  a 

revolving  wheel  which  may  have  letters  upon  it, 
and  at  the  New  York  end  there  is  another  revolving 
wheel  corresponding  to  that,  having  letters  upon 
it,  and  by  means  of  an  ingenious  contrivance  these 
two  wheels  are  made  to  revolve  synchronously  by 
some  power.  Upon  their  synchronous  movement 
depend  the  possibility  ot  working  the  machine  ; 

when  the  letter  which  you  wish  to  transmit  conies 
088  °ut  or  appeal's  to  you  at  the  sending  end,  the  key 
that  sends  the  signal  is  closed ;  that  is  more  or  less 
automatic ;  the  hand  touches  the  key,  but  the  con¬ 
nection  between  the  key  and  the  letter  is  automatic 
m  the  machine,  and  at  that  instant  the  paper  which 
is  to  receive  the  letter  at  the  other  end  is  pressed. 

The  Witness.— I  grant  yon  that  can  be  received 


on  chemical  paper ;  but  how  will  yon  do  it  on  the 
dial  telegraph  1  ,  ,  . 

Q.  Now,  you  say  there  is  a  dial  telegraph  that 
you  cannot  do  it  oil  1 
A.  On  some  dial  telegraphs  you  can. 

Q.  Bo  you  say  you  cannot  do  it  on  some  dial  tel-  ^ 
egraplis?  ,  .  ,  , 

A.  There  are  some  dial  telegraphs  to  which  such 
an  attachment  is  impossible. 

Q.  Where  is  a  dial  telegraph  in  which  you  can¬ 
not  use  sensitized  paper  1 
A  There  is  a  dial  telegraph  described  m  tlio 
Telegraphic  Journal ,  in  which  the  hand  moves  for¬ 
ward  and  backwards. 

Q.  The  hand  of  what  2 

A  I  mean  the  needle  ;  and  I  cannot  see  how  you 
can  get  out  of  that ;  it  is  a  telegraph  described  in 
the  Telegraphic  Journal  of  London. 

Q.  When  was  that  described  2 

A  Mr.  Brown,  of  the  Western  Union  Telegraph,  fic 
called  my  attention  to  it ;  it  must  have  been  m 
1874  or  1875.  ...... 

Q.  Something  in  1874  or  1875,  you  tlimk ;  that 
would  not  touch  our  case ;  I  want  something  be¬ 
fore  1871 ?  ,  ,  ,  .  ,  . 

A.  In  the  regular  Breguet  telegraph,  which  is 
used  on  railroads  in  Prance,  the  signals  would  be 
constantly  confused  on  account  of  a  little  de¬ 
vice  which  is  used  in  them  to  bring  them  back  to 
the  starting  point ;  it  would  be  very  confusing 
Q.  You  mean,  do  yon,  that  if  you  did  use  sensi¬ 
tized  paper  in  that  machine  which  you  have  m 

your  mind.  used  on  railroads  in  Prance  2 

A.  It  is  described  in  almost  all  the  books  on  (1 

teQS  Ymfmeautosny,  that  ^addition  to  the sig¬ 
nals  that  would  be  properly  given,  tt'e  adj  istmen^ 
of  the  machine  back  to  zero  would  also  show  on 

...... , »  tb.  w 

winch  was  going  on,  and  would  be  very  confusing , 


fe-  •  — 


■■■■■ 


sometimes  by  counting  with  nmcii  trouble  the  nuin- 
hor  o f  dots  marked  on  Hio  paper,  you  could  read 

Q.  It  would  not  bo  so  convenient  as  l>v  some 
other  way  ? 

A:  No  j  I  will  tell  you  another  telegraph, 
w-  ^°u  could  read  some  signals  1  A.  Yes. 

Q.  But  not  all?  A.  Not  all. 

tl.u  D°n  5’0U '  ,n.°.iin  t0  SI,y  that  in  that 
thing  the  sensitized  paper  would  mnko 
signals  you  could  not  see  ? 

A.  It  is  not  that ;  the  signal  would  stop  half  way 
rt!„  1U  iV°r  "f"'’ imd  lhl!e,"l>loyee  at  the  trans- 
'  .  OI'  ,etwo  employees  at  both  would  '■ 

Itht  ™,in  °Ub  °  °  C°me  t0  an  "'“^eistanding  to 
"'hen  they  did  understand  it  they  would 
not?  1  ll!,ppened  every  time,  would  they 

m  ot"”r 
»i2«i  m,“oT  llm‘  J'°“  “,,,u  "ot  i”1  »• 

thtianlTi*  0,,'e~fcho,Sio,"°n,8  telegraph,  in  which 
mil  1  w  ,d  V  COIne  by  ^S'llar  succession  of  sig- 
•tai,-1'01'  rdl°  Juml,s  “coral  letters  to 
stai  t  again  m  irregular  succession. 

A  Yef  In.®  f"  electro  lmio'iet  at  its  end  ? 

O  Tt  li’i  ’  16  Uls  more  tlmn  one,  I  think, 
ceiv'ing end ?'Ty™  ‘-^^ro-magnets  at  its  re- 

la?'mnLdTHe0tl'0'm“S,,ets> liko  tlio  Morse  ro- 

A.  Yes,  sir  ‘B  °UBBn‘i  wl,on  U  eomes? 

if  it  was  the  Morse  telegmpl,!  °  “  y°"  C°"la 

~  *« 

Q-  You  think  that  every  time  the  same  condi¬ 


tions  occur  at  the  sending  end  you  will  have  a  sim¬ 
ilar  result  at  the  receiving  end  ? 

A.  No,  sir ;  that  depends  on  where  the  needle 
was  when  you  sent  it ;  the  needles  work  at  both 
ends,  and  it  depends  on  whore  they  are  at  the 

Q.  If  the  two  needles  are  not  where  they  ought 
to  be,  the  signals  are  false  ?  ® 

A.  Yes,  if  not  in  accord. 

Q.  And  that  is  true  whether  yon  use  sensitized 
paper  or  use  the  dial  itself  ?  A.  Yes. 

Q.  Therefore,  the  false  signals  wonld  equally. fol¬ 
low  on  the  machine  as  it  is,  or  if  you  had  sensi¬ 
tized  paper?' 

A.  I  cannot  say  that  it  would  be  false  or  true; 
with  the  paper  there  would  be  no  signal. 

Q.  In  either  case  you  would  fail  to  get  intelli¬ 
gence  over  the  line? 

A.  Yes ;  and  I  am  of  opinion  that  there  are  many 
dial  telegraphs  on  which  it  could  not  be  made  intel¬ 
ligible.  .  G 

Q.  But  when  the  machine  is  in  accord,  then  the 
signals  would  be  intelligible  ? 

A.  No ;  I  say  there  is  a  system  of  telegraphy 
where  chemical  paper  could  not  be  used  to  give  the 
signal  intelligibly. 

Q.  Can  you  refer  ns  to  the  machine  so  that  we 
can  have  it  examined  ? 

A;  It  is  described  in  Mr.  du  Moncel’s  book. 

Q.  Which  volume  ? 

A.  It  must  be  volume  3  ;  where  he  describes  the 
different  telegraphs. 

Q.  And  you  say  that  in  volume  3  Siemens  lias  de¬ 
scribed  a  telegraph  in  which  you  think  sensitized 
paper  cannot  be  used?  c 

A.  I  think  so ;  I  have  not  investigated  fully  the 
matter,  but  so  far  ns  I  can  investigate  it,  having  it 
in  my  own  mind,  I  do  not  see  how  you  could  ;  and 
there  is  such  a  legion  of  telegmpl  is  there,  and 
some  of  them  are  so  complicated  that  I  would  be  at 


a  loss  sometimes  to  see  how  you  could  got  the  sig¬ 
nal  by  using  the  sensitized  paper. 

Q.  Is  there  any  other  that  you  think  of  in  which 
chemical  paper  could  not  be  used? 

A.  If  I  laid  the  book  in  my  hand  I  could  prob- 
ably  embarrass  you;  I  don’t  mean  exactly  that; 
I  mean  that  I  could  find  many  telegraphs  which 
would  embarrass  you  in  the  reading. 

Q.  The  question  is  whether  there  is  any  one  on 
which  you  could  use  the  sensitized  paper— I  mean 
giving  intelligible  signals  1 
A.  I  think  not  intelligible  in  some  cases ;  I  will 
examine  the  book,  and  after  recess  I  can  answer 
your  question  more  intelligently. 

Q.  We  will  pass  that  for  the  present.  How,  you 
have  already  told  us  what  is  new  in  this  tiling 
“  90”  ?  b 

A.  Was  the  question  of  novelty  at  any  time 
brought  up? 

099  Q-  You  testified  abont  it.  We  will  not  go  back 
i  to  that.  In  1874,  and  a  long  time  before  that,  it 
was  well  known  in  the  electrical  art  that  you  de¬ 
creased  and  diminished  the  current  of  electricity , 
over  a  wire-  either  by  adding  in  and  taking  out  a 
battery,  or  by  adding  in  and  taking  out  a  rheostat  ? 

Q.  And  the  effect  on  the  line  is  the  same  whether 
you  add  in  a  battery  or  cut  out  a  rheostat  ? 

A.  Hot  always. 

Q.  I  do  not  speak  of  always,  but  generally  ? 

A.  Not  generally. 

Q.  The  question  I  ask  is,  whether  it  was]  not  a 
*nn  T  'T'1  s,,lbstit,Ue  one  for  the  other,  to  use  a 
1 00  rheastajSft  or  battery  ?  A.  Yes,  sir. 

Q.  And  in  which  every  one  yon  used  yon  would, 
by  its  use,  increase  and  diminish  the  current  of 
electricity  over  the  line?  A.  Not  in  all  cases. 

A  Is  there  any  possible  case  that  you  know  of 
m  which  by  taking  out  a  rheostat  you  would  not 

increase  the  current  over  the  line? 

A.  Yes;  for  instance,  suppose  I  had  a  line  and 


3  701 


at  both  ends  of  the  line  two  batteries  opposed  to 
each  other,  and  I  have  a  rheostat ;  if  I  have  the 
rheostat  there ,  whether  I  cut  out  this  rlieosta^t  or 
not  it  will  not  produce  a  current  on  the  line.  IE  I 
add  a  battery  or  take  it  out  it  will  produce  a  differ¬ 
ence  of  electricity. 

q.  Your  statement  is,  that  if  you  have  got  t,.„ 
batteries,  one  at  each  end  of  the  line,  working 
lo  t  each  other,  it  makes  no  difference  whether 
you  have  more  or  less  wire  between  them  ? 

Q.’  The  case  I  put  is  this.  We  want  to  send  a 
current  over  the  line  from  one  end.  We  have  got 
two  batteries  in  the  circuit  at  this  end,  which  we 
may  either  throw  in  together  or  throw  in  singly, 
leaving  one  out  ?  A.  Yes. 

Q.  In  case  we  throw  two  in  we  get  the  sum  ol 
the  intensity  of  the  two  ? 

A.  Yes,  if  not  in  opposition. 

Q.  Now,  if  we  use  the  same  amount  of  battery 
and  put  in  between  it  and  the  earth,  or  between  it 
and  the  line,  a  rheostat,  whose  resistance  is  equal 
to  the  value  of  one  of  these  batteries,  and  leave  it 
in  line,  then  the  line  will  work  with  the  value  of 
the  other  battery  ? 

A.  No,  sir,  not  as  you  have  said;  you  said  that 
you  would  take  the  rheostat  of  the  same  value  ns 
the  battery’s  resistance. 

Q.  No;  I  said  the  value  of  the  powers  of  one  of 
the  batteries?  ' 

A.  You  could  put  the  rheosta^t  in,  and  adjust  it 
until  you  got  the  same  effect  ns  if  you  had  that 

blQte  Therefore,  in  this  line,  if  you  use  the  rheostat  7og 
in  place  of  the  battery,  you  will  work  the  thing  as 

shown  there— the  same?  A.  Yes. 

Q.  Yon  will  work  the  telegraph  the  same  whether 
you  add  the  rheostat  or  two  batteries  ? 

A  Yes,  sir ;  this  is  even  patented— that  increas¬ 
ing  ;  Mr.  Wilson,  of  Buffalo,  in  duplex  system,  has 
patented  it. 


182 


Q.  The  tiling  itself — was  it  ever  patented-to  in- 
crease  and  diminish  a  current  over  a  line  bv  adding 
or  taking  out  a  rheostat  i  A.  Yes,  sir. 

Q.  By  whom  '!  A.  I  don’t  know  his  claim. 

Unit  is  very  old,  by  itself  ?  A.  Yes,  sir. 
y.  Was  it  not  also  in  1874  well  known  that  voa 
704  Z'tT”"  °Vm‘ 11  Unb  '>>’  o‘itl>er  turning 

•  irnUb  ‘m  C"1  J  md'  ,lMt  onu  0,ul  U>  «>«  ground 
an  t  mother  to  line,  or  to  have  two  batteries  set 
lfc  1  ““'r  opposite  ends  to  the  line  and  cutting  in 
one  end  and  out  the  other  ?  A.  Yes,  sir. 

Q.  that  was  well  known  ?  A.  Yes,  sir. 

ti,  i  r?  °re’  0U  t,mt  "‘ilcl,i,,e  U  is  same 
a w ! tl,er  you  would  reverse  the  one  batterv, 
o  lane  two,  and  cut  one  in  and  the  other  out 
alternately?  A.  Yes,  sir. 

Q.  Tha  t  was  true  before  1874  ?  A.  Yes,  sir. 

-  y°U  1  thi,*k>  thllt  the  novel  tv  of  the 

thing,  so  far  as  you  know,  (and  that  it  was  new  so 
Jar  as  you  know,)  as  claimed,  was  in  the  first  cliini 
705  mSWr,  ^'T°'v’  t,,rn  to  the  patent  *pag" 

Wtii  thenninl  ^  °  !>0lton*-  “A  “o.nbimUion, 

"itli  the  main  line  “f  the  receive-  instru 

ment,  operated  by  changes  in  the  polaritv  1 
ceSin^8Penafnt  °f  16,1310,1  w‘th  al*other  re- 
indeneDnde.  t'oT  i°P-mt6d  '>y  clm"«<JS  of  tension, 
noInKr  fi  C  P  ,U'lty’  meil"3  ot  “banging  the 
polauty  of  the  current,  and  means  of  changing  tlio 
tension  of  the  current,  substantially  as  and  for  the 
WWW.;;  And 

Sril 

700 

negative  currents  over  tlie  line  re  »ir  * p,  0  a,,rt 

mmst fss 

Ois  not  tlint  describe  exactly  tho 


io  thing  as  you  have  said  i 


s  characteristic  of 


Mr.  Wheeler. — Wo  object  to  that ;  there  is  an¬ 
other  suit  pending  between  the  parties  ;  a  bill  has 
been  filed  by  tho  Western  Union  Telegraph  Co., 
against  this  plaintiff,  and  one  of  tho  objects  of  that 
suit  is  to  obtain  a  decree,  that  that  patent  from  707 
which  counsel  lias  been  reading,  is  in  equity,  the 
property  of  tlie  Western  Union  Telegraph  Co. ; 
tlie  legal  title  ns  we  suppose,  is  in  us.  There 
is  a  question  on  which  evidence  has  been  taken, 
in  tlie  other  suit,  in  the  form  of  affidavits,  whether 
that  very  claim,  that  lias  now  been  read  to  the  wit¬ 
ness,  is  identical  in  substance  with  case  99,  which 
is  in  question  in  this  suit  ;  they  claim  in  the  other 
suit  that  although  it  is  true  that  this  patent  was 
issued  to  Harrington  &  Edison  by  the  Commissioner 
of  patents,  yet  it  was  obtained  from  the  patent  of- 
iico  by  fraud ;  that  really  it  is  the  same  as  case  99, 
and  should  belong  to  the  same  person  to  whom 
case  99  belongs;  That  subject  in  itself  is  <os 
enough  to  make  a  suit  upon  ;  there  is  a  great  deal 
of  testimony  to .  bo  laid,  both  for  and  against ; 
there  are  proofs  in  this  book  comprising  100  print¬ 
ed  pages.  Now,  that  is  not  in  controversy 
in  this  suit. 

This  suit  involves  tho  question  of  ownership  of  cer¬ 
tain  specified  applications  for  a  patent ;  certain  in¬ 
choate  rights  to  patents.  These  are  described  and 
put  in  evidence,  and  so  far  as  they  are  capable  of 
being  explained  by  this  witness  they  have  been  ox- 
plained.  All  the  Court  can  do  is  to  determine 
whether  tlieso  specific  things  belong  to  us  or  to 
them.  To  go  into  evidence  whether  something  i-go 
else  is  the  same  ns  one  of  these  is  to  go  practically  - 
into  the  other  suit.  That  certainly  we  ought  notto 
do.  We  have  spent  three  days  in  the  examination 
and  cross-examination  of  .a  single  witness.  If  we 
go  into  that  field,  it  will  bo  perfectly  impossible  to 
lluish  this  case  during  tho  term.  Certainly  the  ex- 


...”  h  t,on  *“»W  take  at  least  a 

' uxk  in  the  examination  nndeross-oxninimitionex" 

fore  vom-  Honor  ^  e.<*,.,ust,on  "bich  wo  linve  lie- 
suing  Mi-  Prescott  in  t  l,S:  T,IL>S,!  «';"f|e»'<o>  are 
m  b  that  they  «  00- »"?  «•«*■  theory 

hie  to  a.itomiii, .  :  U  beL"",su  i(  is  npplica- 

aiul  desimble  in  ?!7’ 0!'  I,uc:"lsu  it  is  iiscfnl 
patent  for  casi-  H  ,  '’llu  11  luIoS,‘lPhy.  Mmv,  the 
patent  for  that  very  thiL’Tt  ;“X,Sf'ins  outs<amling  ' 
controversy  about  i,  7s',  vely  colfil»>  that  a 
to  that  !  e  fit|o  »>•  about  the  right  : 

i. »,» 23?  “  ;  <•  ;“»*•*  io  ™  it. 

Propoi't'i  by  relwon  o??’  ^“‘/'^^as^I.eir 

712  some  one  else?  o  fact  that  it  belongs  to 

very  thingf  ^IIoreTs fa  ^ '*?  r  P?t  thofr  tiHo  to  this 
to  A.  B.,  of  apfeoEi  faS»l  «tle  tmnsmitted 
that  he  possibly,  if  anrt.  D-  is  setting  iqi 

title.  He  is  «!  ;  ■  ' '°'  ?*  mlsht  S»‘  *  Colombia 

deed  for  it  is  ahia(W®  i  °  nthe  ?utent  Office.  The 

t”“  ~ta  2l£ 


they  propose  to  have  n  law-suit  with  us  to  restrain 
us  from  having  anything  to  do  with  them,  on  the 
the  ground  that  wu  are  taking  their  property.  It 
never  can  bu  their  property,  because  it  has  passed 
by  another  deed  that  covers  it. 

Mr.  Russell. — It  is  not  claimed  in  this  suit  at 
all.  713 

Mr.  Dickerson. — No  matter ;  suppose  the  title 
stands  in  X  Y ;  there  is  a  title  to  this  property  ;  it 
neither  is  in  us,  uorcan  it  by  any  possibility  be  in 
us,  because  it  is  already  patented  in  another  pat¬ 
ent.  Wu  think  we  own  that,  patent;  we  have  no 
doubt  about,  our  owning  it,  and  we  propose  to  get 
it  in  the  proper  way  ;  but,  at  present,  the  title  has 
been  got  out  from  under  this  thing,  and  issued  to 
him  in  the  Patent  Office,  while  the  controversy  was 
going  on  about  this  paper. 

Mr.  Wheeler. — It  is  not  sot  up  as  a  defense  in 
the  answer  that  we  ought  not  to  have  an  injunction  yj^ 
as  to  case  99  because  wu  already  own  the  legal  title 
to  that  invention,  or  that  some  one  else  does.  There 
is  not.  an  allegation  of  that  sort.  ■ 

The  Court. — How  is  that  ? 

Mr.  Dickerson.— That  may  be  an  answer.  I 
will  not  press  the  question  iii  that  view.  That  is 
undoubtedly  a  sufficient,  answer. 

Q.  Now,  in  these  telegraphs  round  town— the 
printing  telegraph,  and  so  on— they  have  a  single 
wire,  that  1ms  inside  of  it  live  or  six  conductors  1 
A.  Not  at  all ;  some  have  only  one  wire. 

Q.  A  single  wire  with  separate  wires  in  it?  A. 

There  are,  in  the  city.  715 

Q.  Wires  hung  along  the  poles,  which  will  con¬ 
duct  live  or  six  different  currents  with  them?  A. 

Yes.  Do  you  connect,  it  with  the  printing  tele¬ 
graph  ? 

Q.  I  don’t  connect  it  with  anything  ? 

A.  Thorn  are  severe!  wires  in  one  cable. 

Q.  In  such  a  wire  ns  that  having  tour  wires  in  it, 
at  one  end  you  could  put  four  Morse  keys,  and  at 


187 


tile  other  onil  Coer  Morse  receivers,  anil  semi  four 
tl  i  >m;h  Mint  wire  at  mine,  ran  you  nor  ) 

A.  Yes. 

Q.  Or  you  (tan  send  tivo  messages  one  way,  and 
two  tlio  other,  through  that  wire  i 

A.  That  is  not  a  wire,  it  is  a  cable. 

Q.  I  limtigh  that  you*  could  send  two  messages 
one  way,  and  two  an  other ! 

A.  Yes,  in  that  cable,  on  different  wires. 

Q.  Call  it  a  cable  ;  it i s  a  single  wire  supported  by 
a  set  of  insulators,  as  you  call  it ' 

A.  A  cable  combining  four  wires. 

Q..  Through  that  cable  you  can  send  two  messa¬ 
ges  one  way,  and  two  the  other  ?  A.  Yes. 

Q.  Then  yon  could  send  four  messages  one  way 
in  that,  and  four  the  other? 

A.  Yes,  if  you  had  enough  of  wires. 

Q.  These  messages  would  not  go  anv  faster  by 
reason  of  that  circumstance  than  if  they  were  four 
si  p  n  iti  conductors  put  at  four  different  positions 
on  the  pole ? 

A.  It.  would  be  the  same  thing  in  the  city,  I  sup¬ 
pose,  provided  the  line  is  not  too' long ;  von  have 
not  induction  in  view.  * 


Q..  And  if  some  one  should  now  invent  a  wire 
that,  would,  m  place  of  running  live  or  six  miles, 
and  do  it-go  all  the  way  to  Chicago,  and  do  it- 

tlirougli  n'siugle  cable  tTchicagol  f°,,r 
A.  Tlmt  depends  upon  the  length  ;  it  would  not 

do,  as  far  as  Chicago.  • 

Ir.:s",1,u  should  invent  a  wire  or  cable  Mint 
had  m  it  four  separate  conductors,  nil  tlie  way  to 
Chicago,  through  which  you  couiil  send  four  nies- 
sagis,  01  two  each  way,  would  you  consider  Mint 
an  impioveinent  in  m  iiutonuitie  tulegrapliy  ? 
f,.i  !'olibean  improvement  in  nulomulie 

Q.  You  could  use  four  sots  of  autoinnlie  tele¬ 


graphs  as  well  as  you  could  use  four  sets  of  Morse 
ones,  if  you  had  sueli  a  tiling  as  that  1  A.  Yes. 

Q.  Look  at  the  condenser  shown  in  patent 
No.  112.  That  by  itself,  separating  it  from  the 
other  apparatus  shown  in  that  drawing,  is  applica¬ 
ble  to  be  put  upon  any  line  wire,  for  tlie  purpose  ^ 
of  relieving  static  discharge? 

A.  No,  sir ;  it  is  not  there  to  relieve  tlie  line  of 
statin  discharge  ;  it  is  to  correct,  on  tlie  instrument 
tlie  raise  signal,  which  is  produced  by  I  lie  discharge 
from  tlie  line. 

Q.  It  is,  in  this  combination,  to  correct  tlie  effect 
that  would  be  produced  upon  tlie  electric  magnets 
by  the  discharge  from  the  line  ?  A.  Yes,  sir. 

Q.  There  is  no  electro-magnet  used  in  automatic 
telegraphy?  A.  YTes,  sir. 

Q.  Iu  what?  A,  In  the  shunt  circuit. 

Q.  There  is  no  electro-magnet  to  be  protected 
against  statin  discharge  by  line  automatic  tele-  720 
gmpliy  ? 

A.  No,  sir,  so  long  as  they  are  not,  hotli  duplex. 

Q.  There  is  no  electro-magnet  to  he  protected? 

A.  There  must  be  some  protection  in  case  you 
have  duplex  automatic. 

Q.  To  go  back,  the  magnets  Mint  are  protected 
here  by  this  condenser  are  the  receiving  electro¬ 
magnets  actuated  by  tlie  current  over  tlie  line,  and 
which  record  the  signals  by  sound  or  motion? 

A.  There  may  be  just  the  same  electro-magnet, 
in  automatic  telegraph,  to  be  protected. 

Q.  I11  a  case  .like  90  in .  the  picture,  by  putting 
them  in  along  with  automatic  ?  7 J 

A.  There  may  be,  ns  in  case  04,  which  can  lie 
used  for  iiutonuitie;  that  is,  a  duplex  telegraph. 
There  is  represented  in  case  04  a  polarized  relay, 
which  works  by  the  induction  of  an  electromagnet, 
n  receiving  electro-magnet,  in  connection  with  tlie 
duplex  attachment.  ,  '  .. 

Q.  You  could  add  tlie  element  of  the  automatic 
to  tlmt,  you  think? 


Q.  Are  there  not  electro-magnets  wliioli  are  em¬ 
ployed  in  the  receiving  apparatus  of  automatic  me¬ 
chanical  printing  telegraphs  1  A.  Yes,  sir. 

Q.  And  does  not  the  same  element  of  delay  ap-  h 
ply  to  those  which  you  showed  this  morning  to  he  1 
applicable  to  the  operation  of  the  electro-magnet  in 
this  drawing  ?  A.  Yes,  sir. 

Q.  Are  there  any  mechanical  printers  of  that  de¬ 
scription  which  are  in  extensive  use?  A.  Yes,  sir. 

Q.  Are  there  not  many  inventions  in  telegraphy 
and  improvements  in  telegraphic  apparatus  which 
cannot  at  all  be  applied  to  automatic  telegraphy? 

A.  Yes,  sir. 

Q.  Does  not  the .  time  which  is  necessarily  re¬ 
quired  for  moving  by  hand  the  Morse  key,  involve 
more  delay  than  that  required  for  the  reception  of 
the  signal  by  the  Morse  relay  ;  in  other  words,  is  > 
not  the  reception  of  the  message  on  the  Morse  sys¬ 
tem  more  rapid  than  its  transmission  ? 

A.  The'  relay  can. receive  in  many  casus  faster 
than  the  operator  can  transmit. 

Q.  is  there  any  variety  of  Morse  relay  which  can 
receive  and  register  signals  more  rapidly  than  that 
shown' you  by  Air.  Dickerson?  A.  Yes,  sir. 

Q.  Is  that  one  of  these  here  ?  A.  Yes,  sir. 

Q.  Explain  to  the  Court  why  this  will  receive 


V . "  "smur.  IIS  resistance  nm  lie  Hindu  Iv: 

linn  m  the  other ;  this  is  not  a  T iiixliiineiita I  mi 
ion,  heninse  it  could  he  done  in  II . .  lOn. 

Q.  Is  there  liny  reason  why  the  m-muture  of  III 
illiec  could  not  lie  lighter.  mid  why  the  core  roiili 
lot  he  vnned,  both  in  respect  to  its  length  and  (li 


onsfrurM  V**  "°  misoll‘  is  !l  diminution  o 

Q.  In  wind  time  can  live  hundred  words  lie  pel 
orated  by  tile  instrument  employed  to  perforati 
lie  paper  m  lids  American  antomalie  system  vo, 
mve  descrilied ! 

A  They  can  he  perforated  according  to  the  per 
.mtor  employed,  from  one,  two  or  three  at  the  lie 
iiiiimg,  up  lo  sixty,  with  a  good  perforator  and  a 
killful  operator  to  handle  it. 

Q.  What  is  the  average  into  at  which,  in  practice, 
olds  are  perforated  ? 

A.  To  fully  the  same  speed  as  the  Morse  opera- 

Q.  How  many  is  that? 

A  I  said  30  words  a  minute. 

Q.  The  average  is  about  30  words  a  minute  ? 
mt  o/  '  "  ,'  S0;  !fc is  e!,sy  if  telegrams  are  nr- 
•  go  above  tlm fc.  You  can  easily  go  to  forty. 

Sis  a  m'o'TT  Pn,Ct’C0>  y°"  flon’tBBt  >>eyoml  40 
oids  a  minute  for  perforation ? 

A.  I  don’t  think  they  would  sustain  it  tor  a  long 
iule  except  with  a  very  good  operator.  * 

A.  Yes,  sirf °"  ^ l>eyoml  00  »  minute  ? 

Q.  You  would?  A.  Yes,  sir. 

Q.  How  far,  what  do  you  think  is  the  best  that 


mild  lie  done  by  any  instrument  rune  tins  yer.  neon 
iventod,  in  the  Imnds  of  a  skilful  perforator? 

A.  Sixty,  I  said. 

Q.  Wlmt  are  the 

iibstantial  features  of  the  invention,  which  are  de- 
isribed  in  the  claim  of  case  1)9  ? 

A.  The  substantial  feature  is  to  transmit  one 
uesssige  over  one  wire  by  reversal  of  currents,  and 
t  the  same  time  to  transmit  another  message  on 
he  Slime  wire  by  increasing  and  decreasing  the 
ill-rent. 

Q.  That  is  the  intensity  of  the  current? 

A.  Yes,  sir. 

Q.  Does  the  tiling  employed  iii  the  third  danse 
.f  the  application,  or  case  99,  convey  to  your 
uind  ns  an  electrician,  an  intelligent  descrip- 
ion,  taken  in  connection  with  the  rest  of  the 
intent,  se  as  to  enable  you  from  that  to  operate  a 
piiidruplex  ?  A.  Yes,  sir. 

Q.  Could  the  speeilic  devices  which  are  shown 
n  tile  drawing  annexed  to  case  99  he  varied 
ivithout  departing  from  the  principle  of  the  inven¬ 
tion,-  which  is  described  in  that  first  claim  ? 

A.  They  could  be,  very  easily. 

Q.  By  making  such  variations,  could  the  inven¬ 
tion  which  is  described  in  that  claim  be  more  ad¬ 
vantageously  applied  to  the  automatic  system  of 
telegraphy  than  the  specific  devices  which  are 
shown  in  the  specification  and  drawing  of  the  case 
itself  ?  A.  Yes,  sir. 

Q.  Will  you  look  ut  the  drawings  which  I  now 
show  you,  and  state  whether  those  drawings  repre¬ 
sent  such  a  substitution  (referring  to  Exhibit, 
marked  P)  ? 


Q.  State  what  they  represent? 

A.  They  represent ,  the  quadruples  automatic 
tcleirninli.  according  to  the  first  clnim  of  the  case 


n1,  , .  0,,V"  11,1  “Hromiiiio  quadruples 

telo0mp]i  lm,!  advantages  in  practice  overt he 
automatic  sy.stuni  iilone,  mul  if  so,  wlm r- * 

A.  Yes,  sir;  I  would  bo  enabled  to  earn-  more 
S£  "  ’  ""  •«noln  g  u 

,..,2'  ""lomalie  recording  insrrimient 

sHUhlv  ''  "  1,0,i,y  1,1  «  '0'egn.pl,,  sub- 

.  ‘  I  ?  si"ne  ns  Mini:  described  in  the  specili- 

<;  tions  and  drawings  of  eases  07  and  00,  would  not 

.rde"n'lv,!’,l|'0r  -0t  'ustrumenl  re- 

-  le  iblj  more  signals  in  a  minute  than  are  dis- 

. 

neol  Yf’  ?!' 5  yoM  00,11,1  Morse  on  the  aut.i- 
,  <^tmn2i^r^jSSi°n  Sys"!,n;  1  '"'■an  yea 
relay,  and 

"■““Jr/ . .“SC1— 

because  "K  n  mwml^r' f'' 'l1'™1  1,10,1 
tl  M  '!  “  -r«  Itch  I  to 

from  the  use  oU  JiZ  t  a  v  ^  "hUb  "rises 
wlum  I  use  in  place  „r  n,..  ,  ,  exPeri8“«*d. 

receiver.  111,1 1  1Uo,so  relay  n.  eheniicnl 

.  u  '»  w#  a  fact,  therefore  if  von  M  , 
leal  receiving  paper  von  ,.,i  1  i  “•  0  Miechem- 

of  th«  devices 1  whi,;,.*' "  i«.  *o.ne 
system  to  obviate-  the  .lim  n-0-'0'  1,1  1,10  i''lol'so 
scribed  i,  ,  0  "  °  ,lllllo,,lt  <-  which  jou  dt 

Won  of  signals  ?  ,,,,,,lnt,°n  «s  the  miililn- 


A.  Yes,  sir;  because  there  are  several  solutions 
which  can  receive  the  current  just  as  well  in  one 
direction  as  in  the  other— the  increased  current ; 
there  is  no  necessity  even  to  use  a  solution,  by 
using  old  devices  known  in  automatic  telegraphy, 
such  as  the  use  of  two  pens. 

Q.  Those  two  pens  are  used  in  one  variety  of  the  <o 
Wheatstone  system ? 

A.  I  know  Mr.  Edison  has  used  those  two  pens 
in  automatic  telegraphy  ;  they  are  used  in  onava- 
rioty  of  the  Wheatstone  system. 

Q.  You  said  something  on  cross-examination 
about  the  hack  contact ;  what  do  you  mean  by 
that?  ,,  ,  , 

A.  By  the  back  contact ;  I  mean  the  contact 
•which  is  made  by  the  armature  of  the  relay  when 
it  comes  to  its  position  of  rest. 

Jte-cross  examination  by  Mr.  Dickerson : 

Q.  These  two  machines,  the  Morse  relays  are  the  ,33  _ 
same  except  ill  dimensions  ?  ' 1 

A.  Yes,  sir. 

Q.  And  by  using  smaller  dimensions,  you  can 
make  it  quicker  than  large  dimensions  ? 

A.  Yes,  sir.  . 

Q.  But  yon  cannot  use  the  smaller  dimensions 
on  along  line,  because  the  current  will  not  work 
the  relay  on  a  long  line? 

A  It  I  bike  sufficient  current  it  will. 

Q.  But  if  you  have  a  line  that  the  large  relay 
will  work  on,  and  then  put  the  small  one  on,  is 
small  one  will  not  work,  will  it  ? 

A.  Sometimes.  .  .  r  .  739 

Q.  Wo  have  a  line  that  requires  a  relay  of  the 
largo  size  in  order  to  work  ;  when  you  put  a  smnll 
one  on,  it  will  not  work  at  nil,  will  it  t 

Q.  Therefore,  the  question,  how  small  you 
•  can  make  this  relay,  and  how  quickly  it  will .  * oik 
depends  upon  the  length  of  the  lino  over  which  you 
are  going  to  work  ?  A.  Yes,  sir. 


i/ 


Q.  With  any  given  battery  anil  with  any  given 
line  the  largo  relay  will  work  much  further  than  a 
small  one  ?  A.  Yes,  sir. 

,„mi  I[y°v  ,m«  "  ,l?ht  y°u  could  make  it 

much  smaller  than  that,  coultl  you  not? 

A.  It  cannot  he  answered  in  that  wav.  A  hie 
710  thinl"  w''1  'n'k  1,0t1‘ei‘  °"  11  lonS circuit."  I  do  nut 
t  7  001,1(1  get:vl,,ltl,i"  ,,ouw  on  this 

subject  in  many  volumes.  The  longer  tho  circuit 

toumrl-  V  S  10,ll<1  b°  th°  ,nagnBt-  dome’s  nbilifv 
this  ™ Sy‘  "  1deIP?"ded  "l’on  the  fact  that 
used  -*’h*  Tt  "-as  0,l|y  "’Imn  he 

cd  well  S  ,llil,le  by  Wheatstone  that  it  work- 

ni-^n^0wm,nIUeim,  l°  t®'1  tl,B  Col,rt  ,h:lt  Hint  small 
m.i  net  «  mild  work  a  longer  lino  than  this  one  ? 

tiveiv  better  n  r  l‘,,°u 'naS“et  would  work  posi- 
S.S  one  0,1  '1Ve  ,11,mlre<1  miles  of  wire  than  this 

Ini  WhL“11  yHU  bilve  o°t  a  long  line  yon 

™*  «»'-* » «» £  «£  “  £.10"3 

a.  flo,  you  need  not  submit  to  it  -  von  <«m  .. 

streng  battery  and  not  submit  to  it.  ’  >  "!’0  # 

ieiice  ildexpl'nSwo^h  '»™»- 

of  time  in  the  cost  nr  n,  “  fc  V111  tho  ‘lilTerouoe 
A.  I  don’t  see  wire 

than  the  other.  It  costs  more  ,,,convo,,io,,“° 

i  n,’C«r,S'r’ ** "» *"« •» t 

er  advantage.  111  lnoonvenionce  to  gain  anoth- 
742  "’lUburnup  ^  8ta,1»  y°" 

A.  In  the  local  circuit  you  mean? 

A! “to  “>■  i»®w  w 

nnd the koy  wlio^tbe birnutlHMtity- OI  batterr 
tact?  A.  Tho  koy?  tfc  tluj  points  of  oon- 


Q.  I  mean  the  contact  closing  points? 

A.  Ho,  sir ;  that  will  not  burn  tho  key  if  the  cir¬ 
cuit  is  well  insulated. 

•  Q.  Then,  no  matter  how  much  battery  you  put 
on  the  key  it  is  not  affected  ? 

A.  There  is  a  limit.  You  can  use  sufficient  cur¬ 
rent  to  do  tho  work  of  a  BOU-mile  line  without  in- 
convenience  at  the  key.  . 

Q.  I  ask  you  whether  there  is  not  a  limit  to  the 
amount  of  battery  you'  can  put  on  a  line,  which 
limit,  among  other  things,  is  the  fusion  of  the  points 
of  contact  where  tho  circuit  is  opened  and  closed  ? 

A.  The  points  will  not  fuse  with  such  great  re¬ 
sistance  in  tho  circuit;  I  don’t  know  any  battery 
powerful  enough  to  do  it  it  the  circuit  is  well  m- 

S  Q  Then  it  is  because  it  does  not  transmit  a  strong 
current  to  the  far  end  that  it  does  not  do  so  ? 

A.  It  transmits  it  but  the  current  is  decreased  by 
the  resistance  of  the  circuit.  '  , 

Q.  Then  you  want  the  long  core  at  the  other  end  744 
to  respond  ? 

A.  Ho;  not  if  we  had  a  large  battery. 

Q.  There  is  a  limit  somewhere  111  tho  use  ot  a 

large  bgteiyj  fliere  is  a limit  somewhere  to  every- 

thQS\Vell,  then,  when  you  liavo  reached  that  limit, 
nnd'put  the  largest  battery  you  can  on,  you  can 
Stretch  that  line  further  by  using  this  long  core, 
than  bv  using  the  short  core.  A.  Yes,  sir. 

Q  So  that  under  any  conditions,  the  battery 
betas  more  or  less,  you  can  make  it  work  alongei 
wire  with  a  long  core.than  with  a  shorter  core. 

A  Yes,  sir ;  in  certain  limits. 

Q  How  did  you  mean  to  say  to  this  Court  that 
you  supposed  the  machine  shown  on  that  pap* 

'  rExliibit  P],  it  it  were  built  were  substantially  t 

same  thing  as  the  thing.shown  on  that  blackboard?  . 

Q.’  Tlmtiswlmtl'wantto  know;  that  is  the  only 


question  of  any  importance  here;  do  you  say  it 
now  2  A.  The  principle. 

Q.  No  matter  about  the  principle.  We  will  sup¬ 
pose  the  two  machines  to  he  built  like  each  of  the 
drawings  here  2 

740  A'  ^l0  drawing  which  is  made  there  is  made  on 
the  same  method  as  this  drawing  is  made. 

Q.  In  that  respect  they  come  out  of  thesame  brain; 
to  lUte  miy  identity  between  them;  the  Pa¬ 
tent  Olhce  does  not  recognize  that? 

A.  Ih oy  are  made  in  the  same  method,  I  said. 

Q-  I  he  question  I  am  now  coming  to  is,  are  these 
two  machmes,  as  shown  there,  no  matter  what  the 
s.n,  iS-  1U  y°"1'  sttbslantiallv  the 

same  machines,  or  subslantially  ditrerent  machines  ? 

A.  Ao ;  I  don  t  say  so  ;  I  can’t  answer  that. 

hh  r  ou  cannot  understand  it  2  A.  No,  sir. 

Q,  r  ot,  cannot  answer  that  question  2 


A  I  don’t  say  whether  they  are  or  are  not;  I 
■  ay  cannot  answer  the  question  in  that  way. 

Q.  Do  you  know  whether  they  are  or  are  not 
substantially  the  same '{ 

A.  In  part,  or  in  all,  or  in  principle? 

<i*.’  As  a  machine? 

That  is  will ct°i  5?U  "1L""  “substantially?” 
rtiat  is  what  I  don’t  understand.  - 

0pmJobvM,I,y  “8Ub8hu,til,lly”  two  aiimp  that 

JR  ™£,“~ “a  *  >"»  r«»- 

Eittp'ilf,'", *>,»™  I"  0'«  drairing  in 

itrJTW 


nil  a  mean  the  reversal  oC  the  current,  but  I  (to  not 
all  means  the  instruments  alone  ;  that  is  what  I 

Q.  Then  the  only  identity  between  the  two  things 
s  that  they  both  work  by  the  reversal  of  current 
nd  by  increase  and  diminution  of  current? 

A!  Not  only  work  that  way  but  they  have  that 
n  common— that  one  of  the  signals  is  sent  by  re- 
■ersal,  and  the  other  is  sent  by  increasing  and  de- 
irensing. 

Q.  Now,  is  that  abstract  principle,  that  you  say 
s  common  to  both,  worked  out  in  the  two  machines 
>y  means  which  themselves  are  substantially  like 
;acli  other  ? 

A.  I  did  not  say  the  means  wore  or  were  not  sub¬ 
stantially  the  same. 

Q.  Are  they  or  are  they  not  2 

A.  The  means  2  if  you  include  in  that  the  instru¬ 
ments,  they  are  not  substantially  the  same. 

Q.  Then,  this  machine  is  an  attempt  (it  may  be 
successful)  to  use  the  principle  of  reversal  and 
quantity  currents  in  applying  them  to  automatic 
telegraphy?  •  ,  _  T 

A.  Yes,  sir;  it  is  a  trial  (successful  so  far  as  1 
believe)  to  carry  out  the  method  stated  in  the  first 
claim,  and  to  apply  it  to  automatic  and  chemical 
telegraphy  ;  I  mean  the  method  of  reversing  the 
current  and  of  increasing  and  decreasing  its  mten- 

S' Q.  Not  having  the  words,  “substantially  ns 
described  ”  written  in  the  llrst  claim  ? 

A.  No,  sir ;  that  is  very  essential ;  if  the  words 
“substantially  as  described”  were  there,  tins 

would  not  go  with  it.  _  , 

Q.  If  the  words  “substantially  ns  described 
were  writon  in  the  claim  of  the  application,  Edison  s 
automatic  would  not  come  under  it?  A.  No,  sii. 

Q.  Has  this  ever  been  made,  so  far  as  you  know, 
and  actually  put  in  operation  ? 

A.  I  don’t  know  if  it  has,  sir;  I  road  n  desciip- 


(Itt.iils of each  feature;  but  the  chief  feature  and 

cccncd,  and  the  increase  and  doerese  of  the  cur- 
itnt  is  received  are  perfectly  feasible  ;  and  to  think 

m  lta,i  11  '™"W  tap™-,  niitunitiii, 

10  fi,r  i,s  1  can  Judge,  in  advance  of 


A.  Yes.,  „„  . 
an  invention. 

Q.  So  far  as 
tried  ? 

A.  I  luiv 


>u  know  it  never  lias  been  actually 

inveiiHoi7worlciiu“etl,ir;.;  1  ’T?"  1,!n  ^  of  '•'« 

two  p„„s  aK~.  T''8’'1  nml  "00,vi"ff 
lrivi*  s,wn  .n  il  t,IUM  "'"'icing  it  well  •  t 

working ;  and  1° know  ir  tl,”t  “»«»««»  separetely 
work.  ’  lf  ,,Ht  together  they  would 

'',3  tlil^oI^SaS  »‘orl-1iilr"r,'"t.  oI‘‘mon,s  "f 

that  when  tlmv  ,  "  i,,ul  J'""  think, 

would  work  X  ^  t0,n limed  in  this  way,  they 

Q.  You  si'r  }  ,WV0  110  doilbt  of  it. 
son  Autonintic^wwthat  of  the  Edi- 

pose  of  a  patent  X  “  4  ,1t‘su,,I>tmn  for  Hie  pur- 

«T" *— SfBtfU* 

A.  Tliatis  my  optaon.tp.tjtcoujfl  be  patented; 


I  mean  all  the  substantial  features  of  the  combina¬ 
tion  ;  of  course,  it  falls  always  under  the  first 
claimfl.  The  first  claim  could  not  be  repeated,  if  a 
patent  was  taken  for  that ;  I  mean  the  first  claim  of 
00,  could  not  be  repeated  in  this  patent. 

Q  Suppose  we  have  a  description  of  this  thing 
in  a  patent,  and  suppose  wo,  having  put  tha  t  draw- 

ing  u  1  1  s  lit  i  the  paper,  should  write  this  <0J 

claim  that  you  were  talking  about,  transmitting 
two  different  messages  over  one  wire  in  the  same 
direction  at  the  same  time,  one  operating  by  rever¬ 
sal  of  that  battery  current,  the  other  by  increas¬ 
ing  and  decreasing  the  current  of  the  battery,  sub¬ 
stantially  in  the  manner  sot  out  in  the  fore¬ 
going  description  and  drawing,  that  would 
be  a  good  claim,  would  it  not-n  good  legal  claim 
-  A.  I  am  not  a  patent  lawyer,  and  1  cannot  tell 
you  ;  that  is  not  my  business  to  toll  you  ;  you  can 
patent  the  substantial  features  of  that,  but  I  don  t 
know  if  you  could,  in  case  somebody  else  would 
have  a  broad  claim  like  that ;  you  could  not  uso  7,-lG 
that  without  liis  permission— that  I  know  ;  that 
would  be  a  way  to  carry  out  his  view  in  a  manner 
which  before  he  would  not  have  seen  himself,  but 
you  could  not  use  it  without  his  permission. 

Q.  We  will  rend  this  claim  this  way :  suppose 

this  Edison  Automatic  to  bo  described— 

A.  (Int  rrupting).  I  don’t  know  whether  it  is 
Edison’s  automatic  ;  his  name  may  be  on  it. 

Q.  Suppose  Exhibit  V  to  be  described  in  a  speci¬ 
fication  with  this  picture  and  everything  referred 
to  properly,  and  this  claim  to  be  put  to  it :  lhe 
combination  with  a  main  line  circuit  with  a  receiv- 
ing  instrument  operated  by  changes  in  the  polauty 
of  the  current,  independent  of  tension,  with  an- 

other  receiving  instrument  operated  by  changes  in 

the  tension,  independent  of  polarity;  means  of 
changing  the  polarity  of  the  current,  the  means  of 
changing  the  tension  o£  the  current,  substantially 


!'S "1Hl  *“■  \Uo  purposes  specified:  would  „ot  tl, 
perfectly  correct  description  of  that  thing  /  ' 


*58  wowlsVlmf",?11'"8  Si"'1),y  Aether  n  certain  set  of 
A  I  \U>rCGt  ,lua°riP'«oi»  of  that  tiling  ? 

i»g,  fiecniwe  imriii.r'fV  before  answer- 

made  some  dn  V  °  1  1,1  '  lr  nnd 

meaning  of  the  law.  '  u,:,'°rding  to  Hie 

tWipti°"  »ln-„ras  of 
are  hv0  !!  ““US  shown  m  Exhibit  P?  A.  Then. 

P«MntwoSl,gh!sh",e,,tV  1  lmve  '« 

759  not  iit.  '  ",g  ll,sll,iinenfs  ;  as  it  is  it  would 

e.vami‘n-!«t,<,be  ol’J’L‘c,,!d  to  "io  line  of 
Court  l',.,,!011 1  0U  fc*,e  Siound  that  the 
!,d  i,lreniV  ruled  out  Exhibit  li. 

"he  Court. — I  held  <• 

could  not  go  into  Hi,.  „  ,  fonner  case,  that  they 

H*c  inventions  des.S.ed  in  th"’  "''l01'101'  1,10  titIe  of 
Plaintiir.oriMotlie,  .?  '"-‘Patent,  was  i„  the 
red  in  the  pleadim's'^iT’  Peci,usu  it  was  not  aver- 
whether  this  is  a  leirkimnr pi'esent  question  is 
introduced  on  the  re!exa,n?naHonU,1Hti0n  °f  nmttw 

7G°  waynoi^1^'®.  er,'or  in  supposing  there 
question  with  the 

upon  a,  more  careful  evnmii,  ?/  le,mwmg  it  again 
if  that  were  considemf  „  V  •  ,^n  of  H,u  Pleadings, 

*>  renew,,,  motion  aito  ]V°  °«Bht  not 

it;  hut  we  understood  thotwa^?"? r  r,dod  upon 
question  temporarily.  G  lac^  W1^l(lmwn  the 


The  Court.— 1  do  not  know  what  the  record  is  in 
that  regard.  My  understanding  was  that  that  ob¬ 
jection  was.abandoned,  although  the  Court  had 
ruled  on  it.  At  the  same  time  even  if  there  is  a 
ruling  I  should  consider  it  without  prejudice  on  re¬ 
view,  it  the  counsel  desired  to  bo  heard  further  in 
regard  to  it  after  reflection.  < 1 

Q.  In  this  Exhibit  P,  there  is  in  the  main  line 
circuit  a  receiving  instrument  operated  by  changes 
in  the  polarity  of  the  current.  That  is  letter  13, 
here  ?  A.  Yes,  sir. 

Q.  Independent  of  the  tension  with  another  re¬ 
ceiving  instrument  operated  by  changes  of  tension 
independent  of  polarity ;  that  is  letter  A  ? 

A.  Yes,  sir. 

Q.  Then  there  are  means  of  changing  the  polarity 
of  the  current  here  ?  A.  Yes,  sir. 

Q.  And  means  of  changing  the  tension  of  the 
current?  A.  Yes,  sir. 

Q.  Or  operating  in  combination  ?  A.  Yes,  sir.  - 

Q.  And  therefore,  is  it  not  true  that  the  words, 

“  the  combination  with  the  main  line  circuit,  and  a 
receiving  instrument  operated  by  changes  in  the 
polarity  of  the  current,  independent  of  tension  with 
another  receiving  instrument  operated  by  changes 
of  tension  independent,  of  polarity,  monns  of 
changing  the  polarity  of  the  current,  and  means  of 
changing  the  tension  of  the  current,  substantially 
as  and  for  the  purposes  set  out  in  that  description 
and  drawing,”  is  a  perfectly  true  and  correct  de¬ 
scription  of  that  invention,  is  not  that  true  ? 

A.  With  the  words  “substantially  as  descri¬ 
bed?”  . 

Q.  Yes;  sir?  ,  .  1 

A.  Of  course,  you  could  not  have  had  that  claim. 

Q.  I  am  not  asking  you  any  law  question  at 
present? 

A.  It  is  a  correct  description  then. 

Q.  And  such  a  patent  as  that  would  bo  a  perfect 
and  truthful  description  of  that  thing.  [Referring 
to  Exhibit  P.  flgure'4  ?]  A.  Yes,  sir. 


W.  figure  4  shows  thg  whole  concern  ? 

0  \  Z’ m' !  ^  "h°"'s  ,he  tlolll>k  sending. 

A  Yes  Ty  !r  ,R'CT1,y  for  ,l,h  l,u,-lM'se  1 

i-  Sf* ' X 1  lh“  * 

11  'l  1  »  B  In  "l  m”kl,  ‘“'r 

,,  if’  !  f !°  .nw““«r  of  increasing? 
too  much  cur^nV  Which  iiT^'  tmm 

ure.  ucing  broken  in  some  mens 

Q.  In  exhibit  F,  the  eiim.ni- ..ii  ..1 

mg  between  tile  points  of  «,  *  t  ,tllllu  ,s  P!lss- 
p»ljer?  *  *  f  Mio  pen  on  tho  stmsitiml 

great  part. S'1  ’  ,md  il  l)art  t,!  o  0h  the  magnet— n 

pa5erT'afc"X'Uk  °U,Tent  «»I  ‘•'foot  the  sensitized 

may  affect  it,’  1».  t^v/ion'  '  S°  ‘U  "0t  t0  do  le-  11 
there  is  such  a  distil.  .•  lu.stl0,1S  current  conies 

than  the*  mark WmJidL,nk1  ft  ,unl'k  'vl,ic1'  is  paler 
soines  ?  A  Yes/s?  W  "  the  g,-eater  ™«™t 

vhthwriteXor/hegrelr  '?  ***  "'hile  the  l,e,,s 

vrite  all  the  time_kem, «  f  of  current  will 
he  weak  current  is  runup, ^  ”i  ,11,l,'Ic  whenever 

t1?;*.1'"  •«  iSs* "  “*■ 

Q-  That  is  the  device  i„,  •  ,  , 

eak  0Kmnte  -  «*»*£»  «2  m!S?10a;,d 


Q.  Iii  this  macliino  in  patent  uu  tne  anna- 
are  does  not  come  down  at  all  with  tho 
venlc  current;  it  stays  there,  the  neutral  relay 
innatiiro  does  not  move  with  the  weak  current? 

A.  No,  sir;  but  you  know  it  keeps  it  practical- 
y  as  you  said  to  day  ;  tho  weak  current  keeps  it 
till  attracted ;  it  makes  the  signals  longer. 

Q.  Hut  the  armature  ot  tho  neutral  relay  always 
eans  against  the  back  stop  when  tho  weak  current 
inly  is  going  1  A.  Yes,  sir. 

Q.  Then,  when  tho  strong  current  comes,  it 
nakes  a  signal  by  the  increase  o£  the  electric  mag- 
lotism  1  A.  Yes,  sir. 

Q.  In  the  other  case,  the  decomposing  power  of 
llio  current,  or  the  electro-lytic  power  of  a  current  is 
brought  into  play  to  decompose  faster  or  slower  on 
i  sensitized  paper  ?  A.  Yes,  sir. 

Q.  Cyanide  of  potassium,  or  whatever  it  may  be 
that  you  employ  ?  A.  Yes,  sir. 

Q.  In  the  one  case,  you  use  the  magnetic  produ¬ 
cing  power  of  the  current  to  produce  the  effect ;  in 
the  other  case,  you  use  the  electro-lytic  power  of 
tho  current  to  produce  it  ?  A.  Yes,  sir. 

Q.  That  is  a  fundamental  distinction  between  tile 
two  methods  1  .  A.  Yes,  sir. 

Q.  There  is  just  tho  same  distinction  between  the 
two  methods  ?  A.  Permit  me— so  far  as  that  pat  t 
of  the  apparatus  is  concerned. 

Q.  Well,  any  part  ?  , 

A.  I  have  not  touched  the  question  ot  tho  reversal 
of  tho  current.  . 

Q.  Well,  I  will  accommodate  you.  In  tne  ie- 
vorsal  of  the  current  you  are  also  using  the  elec  • 
lytic  power  of  the  current  to  produce  that  mailc  ( 

Q.’  And  not  its  magnetic  producing  power  1 

A.  No,  sir.  . 

Q.  Tho  difference  between  the  two  things,  then, 
is  exactly  the  samo  difference  between  the  Moise 


machine  and  the  automatic  telegraph,  with  respect 
to  the  use  of  the  electric  current  J 

Yes’  8l.r;  1,11'L,|e  is  a“  effect  «'f  polarity  which 
}  on  have  not  fully  explained.  Why  does  the  elie- 
nm;a  pen  record  by  connecting  to  the  negative  pole 
I  1  nlll-v  s«y  tins  for  the  purpose  of  explaim- 

Q.  Go  on  with  the  explanation? 

A.  Because  some  solutions,  for  instance,  ferro- 
cjnnide  of  potassium  is  decomposed  by  the  pen, 
nd  eaves  a  bine  mark  only  when  the  pen  is 'con- 
when  Mi  ,  *  1,10  "egiitive  pole  of  the  battery;  and 
„  '  ,  S!l,n.e1l,en  18  l)u(l  i»  contact  will,  the  posi- 
.  ],olu>  110  blue  mark  is  produced  ;  the  decom- 

1-^.mkes  place  only  „„  one  side  with  that 

,Q  H  "  1  ot  tl  the 

cal  sola Hm,  I  ,0", 110  c"1Tent!1  Peculiar  cliemi- 

7T1  ^Xl^re0t  ' 

A-  No,  sir;  it  is  not  necessary  in  this  system  to 
use  any  other  solution  than  ‘which  is  ‘used  in 
«  — 

cent  if  von  plnf' '  *0t  of.a  lleouli"r  character,  ex- 
Q  Itisnecess  Un'°foyani(l0  of  Potassium  peculiar. 

■  a.  not  ",i  “*»l«»«>Inllo».ao,  nn<l  no... 
wldoli  (lecoinpose  wHh'th'80  °n°  01  the  8ol,,,;io,,s 


character  1  A.  I  don’t  know  that  its  character  is 
peculiar. 

Q.  Of  indefinite  character  then  1  A.  I  hero  is  a 
direction  in  the  decomposition  as  in  the  electro¬ 
magnetism. 

Q.  It  is  the  same  kind  ot  distinction  that  there 
is  between  these  two  relays  in  the  other  machine  ;  ^ 
you  must  use  a  polarized  relay  and  si  neutral  relay  <  i 
in  combination  :  you  cannot  put  the  neutral  relay 
in  place  of  the  polarized  relay,  and  work  the  ma¬ 
chine?  A.  No,  sir.  . 

Q.  Therefore,  you  must  have  a  peculiar  combina¬ 
tion  of  relays  to  do  it?  A.  Yes,  sir. 

Q.  .Tust  as  you  must  have  a  peculiar  combine 
lion  of  deeomposible  solutions  with  the  electrolytic 
current?  A.  Yes,  sir.  • 

Q.  And  that  is  a  very  ingenious  combination,  is 
it  not?  A.  Yes,  sir. 

Q.  There  is  no  electro  magnet  used  here  to  re¬ 
ceive  or  record  the  signals?  A.  No,  sir;  except  that 
there  are  electro  magnets  to  correct  f  ils;  'fe'»uls  T 
Then  there  is  an  electro  magnet  to  help  reunit¬ 
ing — not  to  record,  hut  to  help.  There  are  severe 
electromagnets  there  to  help  the  recording,  and 
there  is  one  here  which  prevents  false  signals. 

Q.  Those  are  electro  magnets  that  charge  anil 

discharge  the  current  through  them  ;  they  do  no 

work  by  reason  of  attracting  any  iron  to  ten 

Q.  They1  tire  mere  coils  with  a  magnet  in 
them.  If  you  .take  an  electro-magnet  ehicU 
lms  one  soft  core,  and  pass  a  coil  or  helix  around 

it,  and  send  a  charge  through  it,  that  charge  g 

netizes  the  iron;  then  if  you  cut  oil’  the  current 

the  magnetism  in  that  iron  subsides,  and  in  sun-  t 
siding,  generates  a  current  of  electricity  on  lt8 
account  through  the  coil  which  gave  it  its  magnet¬ 
ism,  so  it  is  turned  about  for  fair  play  ;  that  is  the 
way  it  is?  A.  Yes,  sir.  0„t 

Q.  And  that  additional  current  that  oomi^ot 
from  the  electro-magnet  after  it  has  been  c  b  > 


no 


GnoiiOK  D’lsi'HKvru, 
By  Mr.  Dickerson; 


April  20,  1877. 
L  ei  t  t0) 


in^theTippl  /01\Sf  nV 

m  tlmfc  to  operate1!!;  .  I  si'm  lli'0"1  t0  e,mWo  you  r,om 

«•»  qunaruplex  te4graph  ”  V’ Y«  “  *“  nmko 
Q  Vou  say  that  now,  do  to,',  |  LS' 

A.  Yes,  sir.  ‘ 

evw,  hi  rim" lia ten tUf Clipt‘0,‘  orany  n,eans>  what- 

''t'Vheriui1  ii’Tt  t!aso  0i)’ 

contained  in  the  tliiV.Ii 01  Jn!l tion  on  Hie  subject  is 

!  “rs,"  “  ■»■»-"£. k,,TOi 

word  ««  duplicating,”  „s  f  '™vd 7,f  y?u  t,lke  tI,e 
duplexing  it,  b  8  1  uiuleistand  it,  wliich  is 

and  use \he  Tori  "duplex'-01'1  “ duplicating,” 

meet  the  suggestion  t  1  tx’  you  think  it  would 


A.  It  would  ninlte  no  difference  in  my  mind. 

Q.'  Duplicating  does  not  mean  duplexing,  ns  you 
understand  the  language? 

A.  Yes,  sir ;  it  does  ;  as  he  himself  uses  the  term,  I 
would  understand  just  as  well  what  he  means  if  he 
says  duplicating  or  duplexing. 

■Q.  You  think  you  understand  the  English  lan- 
gunge  he  uses  better  than  Mr.  Edison  does  ? 

A.  No,  sir;  I  understand  what  ho  means  there; 
ho  means  duplexing  there  in  my  mind  ;  we  under¬ 
stand  the  same  thing. 

Q.  AVhat  does  that  convey  to  a  person  reading 
it? 

A.  To  any  electrician,  when  ho  sees  case  90,  it 
conveys  to  him  the  idea  of  a  quadruplex. 

Q.  Is  there  any  description  of  any  means  in  that 
patent,  either  in  this  section  3  or  any  other  part  of 
it,  by  which  a  person  not  having  other  information 
could  make  a  quadruplex  ? 

A.  A  person  could  not  have  other  information  780 
about  double  sending,  without  having  it  about  du¬ 
plexing,  in  the  present  state  of  electrical  science,  in 
my  opinion.  .  . 

Q.  He  must  have  some  other  information  than 
that  contained  in  this  patent,  to  enable  him  to  no 

it?  A.  He  must  have  some  other  knowledge. 

Q.  Than  that  given  in  the  patents  to  enable  him 
to  do  it?  A.  Yes,  sir.  .. 

Q.  Then,  is  not  the  3d  clause  just  the  same  as  it 

written  thus :  “  This  invention  can  be  duplexed  or 
quadruplexed  ?” 

A.  No,  sir ;  it  is  not  the  same  thing. 

Q.  Isitnot-suppose  I  write  in  place  of  the  3d 
clause  this:  “This  invention  can  be  quadruplexed  781 
by  well  known  methods would  not  that  be  ex¬ 
actly  the  same  sense?  A.  No,  sir. 

Q.  AVhat  information  is  contained  in  one  tiint 
not  contained  in  the  other  form  of  expression  >( 

•  A.  There  is  more  in  the  word,  “quadruplex, 
than  in  the  word,  “  duplicating.”  . .  , 

Q.  That  is  criticism  on  words  and  not  on  ideas 


A.  Tho  words  convey  ideas  to  my  mind. 

Q.  3S  ow,  I  put  another  question,  suppose  in  place 
ol  the  phrn.se  you  have  got  there  it  was  said  : 

Hits  instrument  can  be  made  to  work  bv  two 
iSrf-.W  applying  well  known 

cnm-^  ,1  «'nt  purpose  "-would  not  that  be  to 
"BO  ?  3  .  lle  who,e  idea  that  is  conveyed  in  the 

tS2  phrase  in  clause  3 »  A.  Yes,  sir:  1 

Q.  Then,  the  information  convoyed  is  tint 
usmg  methods  that  were  known  beroro  .dn  J  tintii 
it  ?  A."  Yes°  sip°"'d  ,nnke  tho  quadruples  out  of 
Yet  sir‘lt  18  that  iS  “nveyed>  is  not?  A. 

l  Yoi  sir.qi",  P'0X’  i,S  we  I10"’  ««  tho  term  ? 
the  means  that  were  * 

quadruples?  1  YeTsTr  ’  ®  ,,Sed  asa 

.  «n  instrument 'in^vll'iclffoiTr  o'at  *  1  °,tler to  mako 

784  two  at  each  end,  it  is  neco«  PPln,toi's  cnn  work, 
strument  in  which  two  “  nly  to  h«ve  first  an  in- 

Wojit,  by  sot  four  operators  to 

duplex  Instrument-Shat  tho 

”»—« «.  'Srr-T^s 


900 

dujilex,  for  instance  (counsel  draws  a  diagram) 
Ex.  9.  That  represents  what  is  called  a  differential 
duplex,  in  a  rough  way  ?  A.  Yes,  sir. 

Q.  The  principle  of  this  autiou  is,  that  the  soft 
iron  core  shown  here  by  letter  “a,”  has  got  a  helix 
wound  around  it  from  left  to  right  at  one  end,  and 
from  right  to  left  at  the  other  end?  A.  Yes,  sir. 

Q.  So  that,  if  a  current  of  electricity  of  equal 
power  be  passed  through  these  two  helices,  the  soft 
iron  will  not  be  magnetized  :  A.  That  is  correct. 

Q.  Then  by  splitting  the  line  that  comes  from  the 
battery  in  two  parts,  and  taking  one  of  them  around 
the  right  hand  helix  back  to  the  earth  through 
a  rheostat,  and  taking  the  other  one  around  the 
left  hand  helix  and  to  earth  at  the  other  end  of 
the  line,  and  making  the  rheostat  equal  to  the 
line  of  resistance,  it  will  balance  the  current  of  the 
electm-iiiagnet  from  the  sending  end,  and  the  soft 
iron  core  will  not  lie  magnetized  ?  7 

A.  That  is  correct. 

Q.  lint;  tile  core  at  the  other  end  will  be  magne¬ 
tized,  and  the  armature  at  that  end  will  respond  ? 

A.  That  is  correct. 

Q.  Now,  if  the  sender  at  the  other  end  wishes  to 
telegraph  back,  when  he  closes  the  battery  at  liis 
end,  working  in  the  same  direction  through  the 
other  battery  through  the  line,  then  he  causes  the 
current  to  llow  through  the  right  hand  core  stronger  . 
than  that  which  Hows  through  the  left  linnd  core? 

A.  Yes,  sir. 

Q.  And  then  the  armature  at  this  end  will  re- 
•  spond'i  A.  Yes,  sir.  " 

Q.  Therefore,  the  sender  from  one  end  is  always 
sending  through  a  helix  or  relay  which  is  inert 
through  a  relay  at  the  other  end  which  responds  to  . 
him,  and  the  sender  at  the  remote  end  is  sending 
through  a  relay  made  like  this  at  his  end,  and  the 
,  current  conies  through  half  of  the  soft  iron  core  at 
tile  sending  end,  charges  it  more  than  the  opposite’  , 
end  is  charged,  and  it  responds ;  that  is  the  system  ? 

A.  Yes,  sir. 


210 


211 


Q.  Cun  not  you  qundriiplex  Unit  ns  well  ns  the 
other  ?  A.  Tlmt  is  not  correct. 

Q.  It  cannot  be  done? 

A.  It  is  not  correct  to  sny  flint  you  cnn 
(loulile  u.  duplex  ;  but  in  common  Inlk  mining  tele¬ 
graphers,  it  would  bo  very  well  understood  ;  ves, 
788  you  cnn  double u  duplex  mid  molten  qundruplex 

Q.  You  cnn  qundriiplex  Hint  ? 

A.  The  proper  term  is.  when  you  Imre  a  double 
system,  to  duplex  it. 

Q  Tlmt  is  n  criticism  on  words? 

A.  It  is  on  ideas  and  not  on  words. 

Q.  Having  tin  instrument  like  this  differential 
system, transmitting  from  opposite-ends,  tliatis  wlint 
you  cull  a  duplex— oik*  key  //m?  and  one  key  there  \ 
A.  Yes,  sir. 

Q.  Now  1  ask  you  whether  you  cannot  just 
789  t!oul,1e  adding  in  another  sot  of  these  in- 

stri nnents  at  each  end  and  making  it  hy  that  means 
qundriiplex? 

A.  It  is  the  same  question  ns  before,  to  which  I 
wish  to  give  the  same  answer. 

Q.  Which  is  tile  answer  ? 

A.  That  it,  would'  he  more  proper  to  snv  flint, 
having  the  double  system  you  speak  of  T  would 
duplex  it. 

Q.  1  have  got  this  differential  duplex  on  the 
!’oal“-  1  5  lmidruplex  that  differential  sys¬ 

tem  by  putting  in  nnotlier  set,  swell  as  these  into 
!  1  ~tlmt  ,is  1  1 «  *  1 1  fc  triu  nts 

c  ut  like  that— net  involving  roversal  of  current  at 


"  el«'r  impression  of  what  y 


Q.  As  I  understand,  cnn  that  be  converted  into 
a  qundriiplex  telegraph  by  adding  to  it  a  construc¬ 
tion  similar  to  that  which  is  already  there? 


A.  I  don’t  know  of  any  term  in  any  scientific 
book  where  there  is  question  of  duplicating  a  du¬ 
plex  ;  T  do  not  see  that  it  can  be  done. 

Jiff  Mr.  Jiickemm : 

Q.  llow  would  you  transmit  two  messages  in  797 
each  direction  over  lliat  apparatus;  could  you  do 
it  by  any  additional  machine  ?  A.  Yes  sir. 

Q.  Wlmt  would  it  lie? 

A.  1  would  take  Hie  double  system  which  is  re¬ 
presented  ill  case  fll).  for  instance,  and  I  would 
double  a  part  of  that,  system  of  case  DO  ;  if  I  had 
two  keys  sending,  I  would  duplicate  them  symme¬ 
trically— duplex  them  by  using  that  system;  I 
mean  by  winding  the  cores  of  the  magnets,  which  are 
in  ease  00  iu  two  opposite  directions  ns  in  magnet 
“A.” 

Q.  That  is  by  putting  “00”  into  n  system  like 
this,  you  can  duplex  or  qundriiplex  it  ?  1  92 

A.  In  the  way  I  say. 

Mr.  Wheeler  objects.  A  mere  repetition  of  the 
parts  does  not  convert  it  into  a  qundriiplex ; 
tlmt  is  to  be  done  by  the  use  of  different  ma¬ 
chines  adopted  to  the  purpose,  and  which 
have  been  described. 

Tlie  plaintiff  is  willing  to  conceed,  tlmt  in  the 
ordinary  meaning  of  the  word  “  duplicat¬ 
ing,”  the  mere  ordinary  repetition  of  the  parts 
—tlmt  cannot  be  done.  But  the  witness  lias 
stated  that  he  does  not  understand  “dupli-  ‘•S13 
eating”  in  this  connection,  to  mean  the  same 
thing  as  repenting. 

Mr.  Dickerson  :  For  the  purpose  of  my  question, 
and  for  the  purpose  of  any  question  tlmt  I  am 
about  to  make,  you  can  write  the  word  “duplex” 
into  the  patent  for  the  word  “duplicate.”  I  am 
not  criticising  it,  I  have  it  from  the  witness  that 
the  paragraph  meant  to  mi  electrician,  that  by  re- 


Mr.  Wheeler:  Then  how  is  Miis  rross-cxnminn- 
ion  material '! 

Mr.  .Dickerson ;  I  innsl:  leave  you  to  find  that 


Mr.  Wheeler:  Wo  object  that  it  docs  not  con- 
uni  anything  that  was  brought  out  on  the  rc-di- 
-■ct  examination. 


Mr.  Dickerson :  \ 
examination,  wlmt  y 
nesses’  mind. 


Mr.  Wheeler :  All  I  brought  out  was  what  il  con¬ 
eys  to  his  mind.  That  is  admitted.  Wo  object 
n  cross-examination  to  expand  wlmt  is  admitted. 


Mr.  Dickerson  :  At  present  I  want  to  prove  the 
facts,  and  then  I  will  toll  wlmt  I  am  going  to  do 


Mr.  Wheeler:  I  do  not  think  it  is  competent,  in 
reply  to  what  was  brought  out  on  the  re-direct  to 
SO  into  a  new  and  different  subject. 


The  Cowl:  I  do  not  regard  this  a 
different  subject. 


not  the  question  whether  yon  can  use  the  duplex  ■ 
system  shown  on  the  blackboard,  commonly  called  1 
tile  differential,  in  order  to  quadruples  or  duplex  ■ 
(which  ever  word  you  prefer)  the  invention  in  09.  I  “Jtj 
admit  that  you  can  in  that  and  several  other  systems  1 
whic.li  are  public  and  well  known,  and  have  been  I 
for  twenty  years,  and  there  is  no  novelty  in  the  | 
general  id‘ea‘  applying  it  f  o  many  things  to  be  done.  < 

1  want  you  In  coniine  your  attention  to  that  differ: 
enlial  system,  operating  one  end  by  balancing  the 
magnetism  of  the  core,  and  1  aslc  whether  that  is  a 
duplex  system— that  is  a  system  that  works  from 
opposite  ends — or  whether  it  is  a  system  that  works 
from  one  end, -having  two  operators  at  one  end  1 
A.  It  is  a  system  in  which  there  is  one  operator 
at  each  end.  '  798 

Q.  Opposite  operators  l  A.  Yes. 

Q.  Cannot  you  by  duplicating  (not  using  the  word 
“duplex,”  but  putting  in  this  machine  another  set 
or  machines)  by  repeating  these  instrumentsateneh 
end,  cannot  you  turn  that  into  a.  qundruplex  1 
A.  By  repeating  these  instruments  simply  f 
Q.  Yes;  putting  four  of  them  instead  of  two  of 
them  in  the  circuit !  A.  Any  way  ! 

q.  Any  way— having  two  at  eacli  end  of  course  ; 
von  must  have  two  receivers  at  each  end  and  two 
senders  at  each  end i 

A.  With  other  instruments  ? 

Q.  Tlie  same  instrument  and  the  electro-magnet  fJ-f 
charged  by  quantity.  This  is  an  electro-magnet 
charged  b\  intensity.  Now,  by  adding  another 
electro-magnet  charged  by  intensity — 

.A.  AVill  you  permittee  to  use  several  rheostats. 

Do  you  mean  to  use  another  set  like  that ! 

q!  Yes.  r  do  not  ask  you  to  invent  anything, 
but  1  ask  you  about  anything  that  is  now  known 
ill  electricity,  that  has  an  existence  on  paper  or  in 


i  anywhere— and  coni . g- 

invcnf  nothing,  I  do  not  sen 
iiplieatingtho  some  instru- 


A.  No  ;  I  do  not  know  any  .such  system. 

Q.  And,  therefore,  it  is  Hue,  is  it  not.  Hint  lie  loco 

ii  qundruplex  can  lie . do  there  must  liy  a  system 

Mint  will  send  two  messages  from  one  end  in,  (lie 
same  time  ?  A.  Yes,  sir. 

A.  And  that  the  duplex  system,  or  dillerentinl 
system,  is  not  capable  of  huing  made  qimdniplex 
unless  there  be  added  to  its  ends  a  set.  or  signals  of 
«  different  character  from  those-tlmt  is  nolemin- 
nty  signals! 

A.  To  lie  distinguished—; res.  sir. 

Q.  One  other  tiling:  Ts  there  not  a  well-known 
system  of  telegraphing  in  operation  in  New  York 
nml  lias  there  not  keen  for  many  years,  in  which  a 
polarized  relay  and  a  neutral  relay  are  together  in 
lie  same  line  circuit,  and  in  which  the  battery  that 
sends  the  signal  is  reversed,  and  ndthingelse  in  the 

“ents’r  ''S,1<!l1  "SS,‘m,!  0f  t,ro  >“■>“«»«  ln- 

A  It  is  true  what  you  refer  to.  What  t  under¬ 
stand  you  to  say  is,  that  there  is  in  the  city  of  New 


before  IS74,  instruments  in  which  there  is  a  polarized 
relay,  and  that  reversal  of  the  current  was  used  to 
work  tlie  polarized  relay. 

Q.  And  nothing  else  in  the  instrument  but  that 
for  the  purpose  of  transmitting  it— no  increasing 


they  have  been  increasing  or  decreasing  the  current 
besides. 

Q.  You  can  also  use  decrease  and  increase  Are 
thev  not  used  without !  A.  Yes. 
tj.  They  operate  very  well  1  A.  Yes. 

Q.  in  that  case  the  reversed  current  passing 
through  both  magnets,  the  polarized  and  the  neu¬ 
tral,  is  reversed  so  rapidly  as  it  passes  that  it  does 
not  give  time  to  magnetize  the  neutral  relay,  and  it 
therefore  will  not  act.  Ts  not  that  the  theory  of  it  1 
A.  Yes,  sir;  or  to  let  go  the  armature. 

(j.  I  speak  of  this  system  as  at  present.  That  g04 
system  I  have  correctly  described  1  A.  Yes. 

’  tj.  And  therefore  when  you  want  to  have  a  neu¬ 
tral  relay  acted  upon  you  simply  slow  your  signals 
a  lit  tle,  and  then  the  neutral  relay  will  act  i 
A.  Yus,  give  the  transmissions. 

Q.  So  that,  when  we  are  reversing  the  currents 
rapidly,  that  reversal  actuating  the  polarized  relay, 
causes  the  type  wheel  to  revolve  by  an  escapement, 
step  bv  stop  3  A.  Yes. 

q  ;\ml  then  when  you  stop,  the  moment  the  neu¬ 
tral  relay  lias  time  to' become  magnetized,  it  pulls  . 
down  its  armature  and  prints.  A.  Yes. 

q.  That  was  in  use  a  good  while  before  1873,  was  8Ut 
it  not,  and  well  known  2 

A.  Yes.  sir ;  that  was  known  ;  there  were  such 
instruments  in  the  exhibition  at  Paris,  in  1867. 

Q.  So,  that  is  another  way  of  combining  the  neu¬ 
tral  relay  mid  polarized  relay,  and  working  them 
independently  of  each  other  ? 

A.  Yes ;  in  the  broad  sense  of  tlie  term  they  are 
not  working  independently  of  each  other. 


210 


Q.  Ono  does  not  make  the  other  work  ? 

'  A.  You  cannot  make  one  work  alone  always  and 
make  the  other  keep  quiet. 

Q.  You  cannot  always  do  it  1 

A.  Not  always.  I  mean  you  cannot,  use  them — 
they  are  not  used  that  way  for  double  transmission. 

806 

By  the  Court. — I  understand  you  that  if  the  trans¬ 
mission  through  the  polarized  relay  is  sufficient  to 
produce  the  effect,  the  neutral  relay  is  not  putin 
operation  at  all,  so  that  the  polarized  relay  may  bo 
made  to  work  independently  of  the  other  ? 

A.  Yes,  sir. 

Q.  And  in  order  to  work  the  other,  all  that  is. 
necessary  is  to  work  more  slowly  ?  A.  Yes. 

By  Mr.  Dickerson  : 

807  Q-  Now,  one  thing  more,  yesterday,  you  were 
brought  back  to  the  picture  in  case  97.  You  were 
asked  in  regard  to.  that,  “If  a  chemical  automatic 
recording  instrument  were  substituted  for  a  relay 
in  a  telegraph  substantially  the  same  as  that  de¬ 
scribed  in  the  specilications  and  drawings  07 
and  99,  would  not  the  chemical  paper  of  that  re¬ 
cording  instrument  record  legibly  more  signals  in  a 
minute  than  are  distinguishable  by  the  ear  of  the 
operator  in  the  Morse  sounder.”’  To  which  you 
answered  “yes.”  You  meant  by  that,  did  you 
not,  to  take  out  the  relay,  (letter  h  in  the  drawing) 
and  substitute  therefor  a  chemical  paper  instru- 
meat  1  A.  Yes,  sir. 

Q.  That  takes  out  of  that  thing  one  of  rise  ele¬ 
ments  of  the  combining  patent  in  it  ? 

A.  No,  sir ;  if  I  understand  well  the  word  “  ele¬ 
ment.”  You  do  not  say  “instrument.” 

Q.  Well,  call  it  “  instrument”— the  thing  called 
“  h"  in  that  patent  is  one  element  ? 

A.  I  told  you  it  does  not  take  ono  of  the  elements. 
If  yon  put  the  word  “instrument”  in  the  place  of 
“  element”  my  answer  will  be  different. 


217 


Q.  Well,  these  things  in  there,  considered  by 
themselves,  are  old,  are  they  not  1 
A.  Taken  separately. 

Q.  They  were  all  old  in  18741  A.  Yes. 

Q.  Take  that  thing  marked  “ft,”  and  that  is  one 
of  the  things  claimed  in  the  chum,  in  combination 
with  several  other  things— is  it  not  1 
A  Refer  me  to  the  clause. 

(J  I  refer  you  to  the  claim  of  specification  97.  Is 
not  the  magnet  “ft”  one  of  the  thing  claimed  in 
cm  bn  t  itl  lumber  of  other  ^ 

do  not  now  say  elements)  in  the  claim  of  that 

patentees  .fc  .g  oneof  the  things;  this  word 
“  thing”  is  very  general  and  broad,  in  my  mini. 

Q.  And  that  thing,  and  all  the  other  t 
well  known  things  in  1874,  and  oug  before  nny 
other  combinations,  were  they  not!  A.  Yes,  su. 

Q  And  the  novelty  of  this  combination  claim,  so 
fur  us  vou  seo  it,  is  that  it  brings  together  in  the 
oi-der  stated  there,  those  old  things,  and pnte  them 
to  co-operate  for  the  purpose  specified  m  the  patent. 

IS  JLiSit  says  here,  “  Substantially  as  set  forth.” 

Q  That  is  what  is  called  •  ‘  a  combination  1 
A.  Yes,  sir;  it  says,  “for  the  purposes  set 
forth.” 

Jle-direct-emminalion  by  Mr.  Wheeler ; 

n  Would  it  in  vour  judgment,  clinnge  the  fea¬ 
tures  of  the  invention  described  in  case  07,  and  in 
the  specification  and  drawings  annexed  tocase  07, 11 
“l.TS-  a  ah-W  -—h?* 
for  the  receiving  instrument  shown  in  the  drawings 

meant  by  the  word  “  substantially, ’’twotlungs 

that  operated  by  the  same  means,  and  by  the  sam 
principle  of  action.  Did  you  in.  J  the  word 
which  were  given  after  that  statement,  use  tliewoid 


218 

“  substantially  ”  m  the  same  way  Hint  lie  thus  ex- 
plained  it  to  you  ? 

A.  Which  way  did  he  explain  it  1 
Q.  He  said  he  meant  by  the  word  “  substantial¬ 
ly  ”  two  things  that  operated  by  the  same  means 
and  by  the  same  principle  of  action  ? 

812  A.  That  depends  on  what  lie  means  by  the  word 
“means”  again. 

Q.  I  don’t  think  you  understand  the  question  ? 
A.  I  can  tell  what  t  understand  by  “substan¬ 
tially  I  am  able  to  explain  what  I  mean  bv  the 
word  “  substantially.” 

Q.  You  do  notunderstand  what  I  want  to  get  at; 
you  asked  Mr.  Dickerson  yesterday,  “what  do 
you  mean  by  “substantially?”  that  is,  you  did  not 
understand  what  he  meant  by  that ;  and  he  an¬ 
swered  that  lie  meant  by  ‘‘substantially,”  two 
things  that  operated  by  the  same  means  and  by  the 

813  t"'T  ln'",0il1,e  °f  i,ctio"  :  U‘»t  "'as  his  definition. 

1  ask  you  if  in  your  answer  after  that,  you  used  the 
Mold  “substantial'’  and  understood  it  in  the  ques¬ 
tions  that  Mr.  Dickerson  framed,  in  that  sense? 

A  What  were  the  questions  he  made  me  after 
that? 

Q.  He  said  for  example,  “not  having  the  woids 
substantially  as  described  written  in  the  first 
claim,  did  you  understand  him  there  to  mean  by 
substantially”  what  he  had  previously  said  ho 
did?.  A.  I  don’t  think  so. 

Q.  You  do  not  think  wliat  ? 

1  n  ','0t  T"  ‘"'H  Hlin«s  nio  exactly 

814  ill  -  ‘r  "'OI'k  f‘'om  0XIU!t,y  the  same  prin- 
cipic  niul  m  the  same  manner. 

Q.  I  am  not  asking  your  definition  of  it,  I  am 

2  >’°Y»  y°"  ""‘lerstood  Mr.  Dickerson’s 

JtoJhntMm -  of -  aubManUnlly ”  which  was  “two 
“  S  opera  ted  by  the  same  means  and  by  the 

same  principle  of  action  1”  a.  Yes. 

said'  f1’1 1  t0  get  at  is>  llft°r  lie  had 
said  that  to  you— nf  tor  he  had  given  that  leli  itt  i 


or  tlie  word— if  you  understood  him  to  use  itin  that 
sense  that  he  thus  defined  it  ?  A.  No,  sir. 

Q.  Did  you  understand  him  to  use  it  nfter  that? 

A.  I  always  thought  bo  understood  the  word 
“  substantially  ”  ns  I  did  myself.  I  understood  by 
“  substantially  ”  something  which,  without  altering 
the  essence  of  the  invention,  will  do  the  same  work. 

That  is  what  I  understood  by  “  substantially.’ 

Q.  That  is  wliat  I  understand  by  it;  but  Mr. 
Dickerson  said  he  meant  by  it  two  things  operated 
by  the  same  means,  and  by  the  same  principle  of 
action-  Did  you  think  that  after  he  had  given  you 
that  definition  of  it,  lie  used  the  word  in  his  way, 
and  notin  your  way?  A.  I  understood  him  to 
use  it  in  his  way,  and  not  in  my  way. 

Q.  Then,  when  he  used  that  word  in  lus  ques¬ 
tions  to  you  afterwards,  you  understood  linn  to 
mean  wliat  he  had  siiid  previously,  did  you  ? 

A.  Yes,  sir.  816 

By  Mr.  Dickerson: 

Q.  It  is  possible,  is  it  not,  to  telegraph  from  this 
courtroom  down  town,  without  any  wire  or  con¬ 
ductor  of  any  kind— any  visible  conductor  of  any 
‘  kind— by  tlio  use  of  electricity?  A.  No,  sir. 

Q.  It  is  not  possible  ? 

•  Q.  From  this  court-room  down  where? 

Q.  Say  across  the  street? 

A.  Without  the  use  of  electricity  ? 

Q.  Using  electro  magnets,  but  using  no  wires  or 
visible  conductors ;  take  it  by  induction  ?  817 

A.  How  far? 

Q.  Across  the  street,  for  instance,  or  across  this 
room-using  electro  magnetism  and  “ton 
A.  Described  as  you  say,  it  might  be  possible  to 

fl°Q.t  Yrou  have  not  found  out  how  far  you  could 
do  it  ?  A.  No,  sir.  v 

Q.  But  you  could  do  it  that  distance ?  A. 

Q.  Is  that,  in  your  judgment,  substantially  the 
. .  it.! _ _  \rnvon  telfiirrnnh  ? 


A.  J  J1B  ossonco  ol  tile  invention  is  clmngeil  there, 
and  of  course  it  is  notin  my  opinion  tin*  same  tiling 
ns  the  Morse  telegraph. 

Q.  They  both  use  electricity  i  A.  Yes,  sir. 

Y  y  ^  •  " 1180  > 

8  fi  ^  a  signal  instrument  don’t 

sil  ’  l)ur' 110fr  *n  ^,e  saine  manner. 
W*  JNot  by  tiie  same  means  \ 

A.  Ao,  sir;  the  means  are  the  essence  of  the  in¬ 
vention  ;  I  mean  part  of  the  means. 

By  the  Court : 

Q.  Would  not  the  change  of  mentis  or  of  prin¬ 
ciple  change  the  invention  1 
A.  In  that  case  it  would. 


AY“ ,®Ifke  of  tho  telephone;  is  that  a  tolc- 
]d  one  winch  uses  a  wire,  in  which  the  electro 

man  2  “im?0  ->y  ‘1“!  "",sc,,,ar  n«lion  of  the 
v„,|  '  o  :  ;l  ly’  111  your  judgment,  the  same  in¬ 
dention  as  the  Morse  telegmph  ?  A.  Ko  sir 
Q.  It  uses  an  electro-magnet?  A.  Yes’. 

tricity  I^A^Tsh”"  aCmS  th<i "’he  of  11,0  elec- 

end  by  rea£T°rf,  'l  Si?,Wl  uonvuye(l  to  the  other 
rent  ac,  os?ti  pnlsat'°"s  of.  the  electrical  mr- 

0  A  ?esth;rte,lt  thGy  •nroi|,8t-  "Mice  t 

A  I  don  teL,l,!,",’t  8',bst«»tinlly  the  same » 

same?118"  y01*  H,,nk  tlluy  "'e  substantially  the 
A.  You  did  not  make  any  question  about  that: 


I  don’t  know  exactly  what  you  said  in  finishing; 
did  you  ask  me  if  they  were  substantially  the 

Q.  Yes,  I  asked  that  question  and  you  said 

A.  They  are  not  substantially  the  same. 

Thomas  A.  Edison,  called  by  plaintiff,  sworn.  ^21 
Examined  by  Mr.  Russell : 

Q.  In  this  deed  of  assignment,  dated  April  4tli, 

1871,  made  by  yourself  to  George  Harrington,  there 
are  these  words :  “Ail  my  said  inventions,  includ¬ 
ing  thorein  all  my  ii  el  f  1  il  or 

copying  printers” — 

Mr.  Loiorey. — A  question  is  now  being  com¬ 
menced  upon  the  instrument,  and  it  is  a  proper 
time  for  Mr,  AVheeler  and  myself  to  carry  into 
eifect  a  proposition  in  regard  to  certified  copies. 

We  intend  to  dispute  the  correctness  of  the  face  of  882 
the  paper  introduced  as  to  the  word  “or.” 

Mr.  Wheeler. — There  has  been  no  arrangement. 


Mr.  Wheeler.— If  there  is  to  be  a  contest  on  that 
it  must  be  made  formally.  We  have  not  put  in  a 
certified  copy.  We  put  in  the  original  paper, 
proved  under  competent  evidence.  If  it  is  attempt¬ 
ed  on  the  other  side  to  contradict  the  certificate  of 
the  Patent  Office  they  had  better  do  it  on  their  own  f 
case. 

Mr.  Loiorey. — You  did  not  read  the  certificate ; 
you  read  the  original.  ' 


Mr.  Loiorey. — You  had  it  in  your  hand,  but  of 
course  the  two  did  not  go  in. 


l.ihJ  •T,/'t'Av;~lllllt  "'as  another  paper.  Ex- 
bit  B  was  not  objected  to.  The  thing  objected  to 

to  f-n.  ii)I0-m°f  the  nssi8,,""-*nt  from  Harrington 
to  Gould.  That  is  one  thing.  That,  is  not  in  ° 

ieoln  S  ^  ^  B  'Ve,lt  »*  tout'd; 

824  S  '  n  "oknowl«teBd  under  the  laws 

in  bwm^iii  ,l,ul  H'o  certificate  annexed  to  it  went 

titicate  ilmr  • lel'0  m‘S  "0  objeu,io».  -»nd  it  is  a  cor- 
tihcate  that  it  was  recorded  in  the  Patent  OtT.ce. 

conv  al'llT ■!/7y 0U  "0t lnea"  t*,at  tl‘,!  certified 
copj  of  the  i  sti  e  t  ent  in  ? 

fi^r^0  5 1  ,wve  r H,° ceifi- 

826  Son “S,™ be",S 
<°1tin.tlLS 

1 1  bvQsetIoV':ll,S  iT’g",ne,,t  iue  ‘1‘ese  words :  “  I  here- 
two-thirds  nffi,  m,Ty  t0  him> the  sai(l  Harrington, 

1  hiding  therein  al  OI'fSt.of  1,11  >«?  said  inventions, 

inventions  of  mechanic,.! £  y  -  lut  wero  yo"l‘ 
referred  to  ?  1  01  C0PJ’»>g  printers  thus 

Objected  to. 

830  T,le  Court. — We  will  ,  , 

.  tlie  witness  as  to  «,i,  (  !  ot  tako  t,,e  evidence  or 

■VM  (o  fxi  088  "s  to  ">"•*  fie  intended. 

* Jjft  ” 

hJj  ««'  ”'?w  '»• 

■V  .  ehLs  ?°l/N0Siesi,;.01,yi,1S  telegmph  ,na- 

Q.  Anything  telegraphic  about  them  ? 


A.  No,  sir. 

—  Q.  Were  they  similar  to,  that  is,  for  the  same 
purpose,  as  Scliole’s  copying  printer,  called  the 
“  type  writer,”  used  by  lawyers  and  others  to  print 
copies  on  ?  A.  Yes,  sir. 

Q.  The  message  being  received  by  the  telegraph, 
could  an  operator  on  such  a  type-writer  copy  the  827 
messages  so  received  quicker  than  they  could  be 
copied  by  hand  ? 

A.  It  was  thought  so  at  one  time. 

Q.  Was  it  supposed  at  that  time  (the  date  of  this 
agreement)  that  a  printed  copy  would  be  preferred 
to  a  written  copy?  A.  It  was. 


The  Court. — It  is  objectionable  in  that  point  of 
view,  and  further  objectionable  as  calling  for  the 
opinion  of  the  witness  as  to  what  was  generally 
supposed.  £ 

Q.  What  was  the  object  of  the  invention? 

A.  I  have  stated  that  before. 

Q.  What  was  the  object  of  tlie  invention  of 
these  mechanical  printers  ;  what  were  they  to  be 
used  for? 

A.  To  print  messages,  in  place  of  writing  them. 

—  Q.  Was  that  printing  instrument  similar  to  the 
other  printing  instruments  at  that  time  1 

—  A.  Similar  to  the  type  writer. 

Q.  Similar  to  tlie  type  writer  used  in  lawyers’ 
offices?  A.  Yes,  sir. 

— Q.  Are  there  not  telegraph  printing  machines  in  ^ 
common  use  in  this  country  1  A.  Yes,  sir. 

— Q.  The  Phelps  combination  ?  A.  Yes,  sir. 

— Q.  And  the  House,  nnd  the  Gold  and  Stock  Com¬ 
pany  machines  ?  A.  Yes,  sir. 

Q.  Do  you  know  of  any  successful  method,  or 
means  of  preventing  the  signals,  when  sent  ra¬ 
pidly  on  the  chemical  automatic  telegmph,  from 
becoming  blurred  or 'illegible,  nnd  if  so,  by  whom 
those  means  were  devised  and  invented  ?  A.  I  do. 


Q.  Wlio  was  the  inventor  1  A.  I  was. 

Q.  Are  those  inventions  indispensably  necessary 
utlio  transmission  by  chemical  automatic  tel»"'mph 
be  slow  instead  of  fast-say  50  words  a  minute 
from  Now  York  to  Washington  ? 
can  n'  tibsoliltdy  necessary  at  that  speed. 

8,0  Q.  "  lint  is  the  average  speed  at  which  messages 
aie  practically  sent  by  the  system  of  chemical  auto¬ 
matic  telegraph  from  New  York  to  Washington? 

A.  About  250  words  a  minute. 

Q.  Referring  to  your  inventions  described  in 
the  specification  appended  to  your  applications 
Vi  Isos.  9!J  to  100.  are  these  inventions,  or  any  of 
them  now  applied  by  the  Western  Union  Telegraph 
Company  to  the  Morse  system  of  telegraphy,  to  effect 
le  transmission  of  two  messages  in  opposite  direc¬ 
tions,  and  of  two  messages  each  wav,  in  the  same 
direction,  on  the  one  wire?  A.  Yes, ‘sir;  tliev  are. 

8yi  A  They ll|i"l,;'SS!lSes  received  liy  sound?  ' 

svlt.nh?!'  'r"S  tlM!oriSi,ml  li'notice  with  the  Morse 
S3  stein  m  reference  to  registering  the  message  ? 

system  5?!°”  ^  "'W‘  on  tlm  Morse 

sj  stem  and  recorded  on  paper. 

Q.  How  was  that  record  made? 

A.  Indented,  embossed 

832  graphy  “"a,  “g  il°  nn  nutom,ltio  system  of  tele- 

lyQcan  StfTlV"  b,'°ken  dosed  very  rapid- 
a  t  i  d  by  sound  ? 

A.  It  depends  upon  the  rapidity. 

q,  S’ Vou  IT18  a ?  A.  It  cannot. 


1 


A.  It  might  be  done  iip  to  75  or  80  words  a 
minute. 

Q.  Can  your  inventions  of  the  duplex  and  quad- 
ruplex  system  be  applied  to  the  Morse  machine 
when  the  circuit  is  broken  and  closed  by  ma¬ 
chinery.  Cau  your  quadruplex  system  be  applied 
.when  the  linger  key  breaks  the  circuit  ?  A.  Yes.  833 

Q.  I  refer  to  the  Morse  register? 

A.  Receiving ;  yes. 

Q.  AVlmt  is  meant  by  the  question  is,  the  emboss¬ 
ing  register ;  do  you  so  understand  it  ?  A.  Yes. 

Q.  Would  the  capacity  of  wire  operated  by  the 
Morse  keys  and  register  :  I  mean  the  number  of 
words  transmitted  and  received  in  a  given  time,  be 
increased  by  the  application  of  the  duplex  and 
quadruplex  system  to  them,  and  if  so,  to  what  ex¬ 
tent?  A.  Pour-fold. 

Q.  Tt  would  be  increased  four-fold  ? 

A.  Over  one  wire.  334 

Q.  Have  your  inventions  in  duplex  and  quadni- 
plex  telegraphy  been  applied  to  the  Plielp’s  print¬ 
ing  telegraph  ?  A.  I  believe  they  have. 

Q  Has  the  principle  been  applied  ?  A.  Yes. 

Q.  Ts  that  the  magnetic  telegraph  of  Phelps? 

A.  Yes. 

Q.  Can  your  inventions  be  applied  to  the  chemi¬ 
cal  automaMc  telegraph? 

A.  You  mean  the  quadruplex  ? 

Q.  Yes?  A.  The  principle  might. 

Q.  Look  at  this  publication,  what  is  the  date  of 
it?  A.  April  11, 1808. 

Q.  What  publication  is  it  ?  835 

A.  The  Telegrapher. 

Q.  When  did  you  invent  that  contrivance  de¬ 
scribed  there  ?  A.  About  1806. 

Paper  put  in  evidence,  and  marked 
Ex.  Q,  being  a  copy  from  The  Telegraph 
of  April  11,  1808,  to  which  the  witness 
refers. 


Q.  Did  you  show  General  Eckert,  at  any  time 
any  mode  of  qundruplex  transmission.?  A.  No  ’ 
Q.  Did  you  show  liiin  any  mode  of  duplex  or 
double  transmission  one  way  ?  A.  Yes. ' 

Q.  When  was  that?  A.  Sometime  in  1878 
83(i  J  ™ybn<\y  with  General  Eckert  at  the  time  ? 

Q.  Who  were  they  ? 

A.  Albert  B.  Chandler,  A.  S.  Brown,  and  U  H 
Painter. 

tt (-'  Ge"Bral  Eukelt  offlcer  of  the  AVestern 
Union  Telegraph  Company  ?  A.  Yes. 

Q.  AVas  Mr.  Chandler  ?  A.  Yes. 

Q.  AVas  Mr.  Brown  ?  A.  Yes. 

Q.  Did  you  work  the  double  transmitter  when 
you  showed  it  or  explained  it  to  Eckert,  Chandler 
and  Brown  ?  A.  Yes,  sir ;  I  worked  it 
«.  Just  describe  what  you  showed  to  them  ? 

837  A.  Case  00. 

A  Yes  S,l°"Cd  tl,em  'vllat  is  described  in  case  00? 

Q.  Now,  to  go  to  another  mntter-did  you  receive 
any  pecuniary  assistance  from  Mr.  Orton,  or  the 
Western  Union  Telegraph  Company  prior  to  Julv, 

'  /  tonmke  inventions  in  duplex 

/  l?1  5;  nn.d  If  so’  sti,te  "’hut  such  assistance 

/  S2S3"'' . . . . 

ties  sn1  ;;reiVl!'V'°  ,no,"V>  ,mt  1  1»'<1  nil  the  facili- 

838  <>f  before  May, ‘?878  ?  H'eS°  f,,ciIities  t,mt .3™  speak 
.  O  I'™  not'  s,,re i|;  «'«»  about  that  time. 

\  o  woL0U  1"e.",11!il'st  n,,out’  «'nt  time  ?  A.  Yes. 

'  A.  nHleveVwm""’^  1,1  M,ly’  18781 

EilV°"  1,ecoive  facilities  for  these  expert- 

Q-  To  what  extent? 

•  k^sojjtj  jKap  AQ>.  +  Hu* 

tyj* ^jj  S.  fO^<L  far!  r 


227 


A.  Only  permission  to  conduct,  experiments  on 
the  wires. 

Q.  AAMiat,  after  your  return  from  Europe  ? 

A.  I  think  I  got  renewed  permission. 

Q.  Do  you  consider  the  quadruples  system  of 
telegraxiliy  to  be  a  fast  system  ?  A.  In  what  sense  ? 

Q.  In  any  sense— the  popular  sense.  Do  you  839 
consider  it  to  bo  a  fust  system  ? 

A.  You  can  get  the  business  oil  faster  on  the 
duplex  wire  than  you  can  on  the  single  Morse  wire. 

In  that  sense  I  consider  it  faster. 

Q.  Faster  than  the  Morse  ?  A.  Yes. 

'Q.  How  much  faster  than  the  Morse  ? 

A.  You  can  get  the  business  oil  faster. 

Q.  To  use-tliu  wires  ?  A.  Yes. 

Q.  AArere  any  orders  given  by  Mr.  Orton  to  in¬ 
crease  your  facilities  at  a  later  period  after  you 
came  back  from  Europe  ?  A.  Yes,  sir. 

By  Mr.  Wheeler: 

Q.  AArere  any  of  the  inventions  which  are  de-  < 
scribed  in  the  applicationMn  question  in  this  suit  J 
made  for  the  Gold  and  Stock  Company  ?  A.  No. 

Q.  After  you  had  made  this  invention  of  the 
double  transmitter  which  has  been  shown  you  here, 
which  I  think  you  said  was  in  1800,  state  whether 
or  not  you  continued  any  further  experiments  in 
the  direction  of  double  transmission  ?  A.  Yes,  sir. 

Q.  How  long  did  you  continue  these  experiments  ? 

A.  Ever  since  the  date  of  this  invention. 

Q.  AAHiere  were  you  engaged  at  the  time  of  this 
invention  of  the  double  transmitter? 

A.  In  Cincinnati,  Ohio. 

Q.  in  what  employment  ? 

.A.  The  AArestern  Union  Telegraph. 

Q.  And  you  have  been  engaged  as  an  electrician 
and  inventor  ever  since  then?  A.  Yes,  sir. 

Q.  AVhen  did  you  first  conceive  the  idea  that  you 
could  send  two  messages  in  the  same  direction  at 
the  same  time,  over  the  same  wire,  by  means  of  two 


228 


229 


transmitting  instruments,  one  ot  which  employed 
tile  principle  ot  reversal  of  polarity  and  the  other 
the  increase  or  diminution  of  the  strength  of  the 
current? 

A.  A  good  while  ago  ;  I  cannot  say. 

Q.  Give  us  your  best  recollection  ? 

A.  I  cannot  tell  anything  about  it. 

Q.  State  whether  it  was  before  or  after  the  vein- 
1871 ?  * 

A.  I  have  had  the  idea  for  many  years,  but  I 

could  not  make  it  practical.  ~  ‘  ' 

Q.  I  do  not  ask  that? 

A.  I  might  have  the  idea  in  180G. 

Q.  Is  it  your  best  recollection  you  did ;  I  do  not 
speak  of  a  particular  device  for  carrying  it  out,  but 
the  principle  of  employing  the  one  transmitting  in¬ 
strument,  using  the  reversal  current,  and  the  other 
using  the  increase  or  the  diminution  in  the  inten- 
5  si  fry  of  tlie  current? 


The  Court.  The  proper  question  is,  when,  as 

near  as  you  can  state,  did  you  first  conceive  the 

idea  of  the  possibility  of  transmission  by  the  com¬ 
bination  of  these  two  modes. 

Witness.  Between  1805  and  1872,  sometime. 

Q.  Can  you  fix  it  more  nearly  than  that  ? 

A ..  ISo  sir  ;  I  have  had  the  idea  so  long,  but 

4  could  not  make  it  practical. 

ns  n?n?  y°»  can  state ,  did  you  first  con- 
tl?0  L  ,  -ld!a  °£  tho  Possibility  of  transmission  by 
the  combination  of  these  two  modes?  A.  In  1809. 
the  0"S  aS°  <lid  yoU  nlmilSe  in  your  mind 

bod£t  tn  n  und  combination  which  are  em¬ 
bodied  in  tlie  application  for  case  09  ? 

M.  Lower,,.-. We  object  t0  tbis  on  thegro|md  of 


immateriality,  but  without  expecting  to  exclude  it 
now.  It  may  be  a  part  of  the  examination  neces¬ 
sary  to  follow,  but  I  do  not  regard  the  answer  given 
by  the  witness,  standing  alone,  as  at  all  material, 
because  this  litigation  relates  to  a  question  of  bar- 
gain.nnd  sale  of  an  invention,  and  I  shall  show  to 
your  Honor  that  nothing  can  be  made  the  subject  < 
of  bargain  and  sale,  in  the  nature  of  an  invention 
which  has  not  proceeded  beyond  that.  A  mere  / 1 
mental  arrangement  is  not  the  subject  of  barter  and  1 1 
sale ;  the  thing  must  be  made  by  the  hand  ns  well/ 1 
as  by  the  mind. 

The  Court. — That  is  a  question  which  will  be  open. 


The  Court.— I  will  take  the  question  subject  to 
objection. 

Witness. — Have  I  got  to  give  the  date  of  it  ? 


then  I  am  not  certain. 

Q.  That  is,  you  cannot  speak  nearer  than  that? 

A.  No,  sir. 

Q.  Do  you  mean  to  say  that  you  cannot  be  cer¬ 
tain  whether  you  conceived  tlie  idea  between  these 
times  or  not,  that  is,  when  you  arranged  it  in 
-vour  mind  ?  ’ 

A.  When  I  say  I  am  not  certain,  I  might  go  and  847 
search  through  some  diagrams  at  home,  and  find  a. 
diagram  precisely  the  same  as  case  99,  made  two 
years  before,  and  have  forgotton  it. 

Q.  Look  at  that  paper  and  refresh  your  recollec¬ 
tion.  Now,  having  looked  at  it  wliat  do  you  say  ? 

A.  I  don’t  know  anything  about  this  paper. 

Q.  What  I  ask  yon  is  this— to  rend  this  paper 
that  I  show  you,  and  see  if  it  refreshes  your  reool- 


lect  ion  as  to  the  date.  After  having  examined  tlmt 
paper,  can  yon  state  the  date  any  nearer  than  you 
have  done  ;  does  it  refresh  your  memory  with  ref¬ 
erence  to  the  date  when  you  had  first  arranged  in 
your  mind  this  means,  process  and  combination  ? 

I  A.  That  paper  refers  to  the  duplex  telegraph 
8  Kesenbed  in  The  Telegrapher— not  to  the  transmis- 
1  sion  of  ciio  double-sender. 

The  Cowl. — Tlie  answer  is  irresponsive.  The  in¬ 
quiry  is  whether  it  refreshes  his  recollection  as  to 

the  date  when  he  arranged  in  his  mind  this  process, 
means  or  combination.  Does  it  refresh  vour  recol¬ 
lection  as  to  that? 


Q.  Can  yon  state,  after  having  looked  at  it  more 
nearly  than  before,  what  the  date  was  when  this 

849  arrangement  was  conceived  in  your  mind  ? 

A.  No. 

Mr.  Dickerson.  We  would  ask  the  Court 
n  hetliei,  under  these  circumstances,  we  are  en¬ 
titled  to  have  the  part  of  the  paper  which  the  wit¬ 
ness  read  appear  in  the  case? 

tionAC  CoUrL~You  al'°>  if  refreshes  his  recollec 

Mr.  Wheeler.  They  can  have  it  in  any  event. 

850  is  ns  folbws6-1  ft°m  tllU  t,fIk1nvit  ",!wle  biT  m'- Edison 

I  wns'mmn 1 * * *  T*8  e,ni’,0J’e(1  as  11  telegraph  operator 

vent  tbeS 6,  Sed- »  ex’Pei,*nients  in  attempting  to  in- . 

fonrard  whilti8  te  ”“?**”»*  «*  means  to  carry 

inc  T  horn,,  ,10"’  cno"'"  1,8  duplex  tolegraph- 
nnd  for  th  ,CSe  0X1 Perimonts  ns  early  as  180/T, 

e.m  Unio  T,,U1,OSe1I  USed  the  of  I the  West- 

6 "  Umon  iu,osr«l>l>  Company — thoso  having 


charge  of  the  telegraph  ollices  over  me/  knew  1 
that  I  was  engaged  in  experiments  to  develop 
my  idea,  that  two  messages  might  bo  sent  over  the 
same  wire  at  practically  the  same  time,  which  is 
what  I  mean  by  duplex  telegraphing.  This  was 
previous  to  my  idea  that  telegraph  signals  might  bo  _ 
recorded  automatically  in  print,  I  supposing  that  a 
wire  might  be  used  in  duplex  form  by  hand  oper¬ 
ation.  In  the  course  of  these  experiments,  I  satis¬ 
fied  myself  that  a  wire  could  be  used  for  double 
transmission— that  is  to  say,  by  an  arrangement  of 
different  forces  of  .battery  I  eould  send  two  mes¬ 
sages,  for  all  practical  purposes,  at  the  same  time, 
over  the  same  wire.  I  set  myself  to  work  in  my 
little  shop  for  the  purpose  of  developing,  improv¬ 
ing  and  reducing  to  practical  results,  by  machinery 
these  ideas,  as  well  as  prosecuting  my  experiments 
in  printing  telegraphy,  or  recording  the  signals 
nutimatically  on  paper.  852 


Q.  Look  at  the  paper  which  I  now  show  you, 
and  at  the  passage  which  I  mark,  and  see  if  it  re¬ 
freshes  your  recollection  at  all  as  to  the  date  about 
which  I  have  been  asking  you  ?  (Referring  to  the 
affidavit  in  the  case).  The  passago  shown  the  wit¬ 
ness  is  as  follows:  “Asdong  ago  as  1870,  I  had 
arranged  in  my  mind  the  process  and  means, 
the  combination,  powers  and  machinery  embodied 
in  the  applications  hereinafter  mentioned,  and  had 
pursued  them  so  far  tlmt  I  was  conlident  of  ulti-  853 
mate  successs.”  A.  Yes,  sir. 

Q.  Having  refreshed  your  memory  by  reference 
to  this  paper  which  I  have  shown  you,  state  how 
longwou  liad.arranged  in  your  mind  the  processes, 
means  and  combination  which  are  embodied  in  this 
application  which  is  known  as  case  00  ? 

A.  That  particular  combination,  some  tune  in 
1872. 

•  Q.  You  know  Mr.  George  Harrington  ? 


232 


233 


Q.  You  remember  an  agreement  which  was  sign¬ 
ed  between  you  and  Mr.  Geo.  B.  Prescott  in  187-1  i 

Q.  Now,  so  faras  you  know,  did  Mr.  Harrington 
any  information  or  knowledge  in  regard  to 
°°  »  K  cut  at  the  time  it  was  executed  1 

A.  Yes,  sir. 

Q.  Did  ho  consent  to  your  making  it? 

A.  I  didn’t  ask  him  the  question. 

Q.  Do  you  mean  by  that  that  you  did  not  ask 
his  consent  ?  A.  Yes  sir. 

Q.  At  the  time  you  made  that  agreement  with 
Prescott,  had  you  the  previous  agreement  between 
you  and  Harrington  before  you  ?  A.  No,  sir. 

Q.  I  ask  yon,  if  you  gave  your  consent  before 
January  23rd,  1875,  to  the  manufacture  by  other 
persons  than  yourself  of  the  machines  which  are 
855  tle^C11y^  t,le  “PPlit-atioii  in  case  09? 

c  u"  l0,"  S!,y  you  lna,k“ s°me  such  machines  vour- 
T>ni  ni  l  r  <:°"Senl:  tonny  '"achines,  which’  wen* 
not  made  by  you,  and  which  embodied  your  inven- 

tlmt  LaSe  J'°»  consent  before 

Tf"*  t0  t,leir  used  by  the 

r  rfv"  Un.,on  lek‘g'“'ph  Co.  before  that  date? 

:>•  i  es,  sir ;  one  or  two  sets. 

Q.  No  more?  A.  I  think  not. 
or,  tt  ■  1  m  t.h<!‘1'  bBinS  manufactured  by  the  West- 
se"s?nA.'“  ^  C°  ’  eSC6pt  « 

|AS^rr{£3rir*  "»«*» 


Cross-examination  by  Mr.  Dickerson : 

Q.  Please  look  at  the  paper,  patent  No.  133,841, 
which  I  now  show  you,  and  say  whether  that  is  not 
one  of  your  patents  for  mechanical  or  copying 
printers  ?  A.  Yes,  sir. 


The  drawings  on  the  blackboard  were 
marked  respectively,  Deft’s  Ex.,  1  &  2, 
and  tli’e  patent  now  in  question  Deft’s 


Q.  In  this  machine  the  copying  printer  is  arrang¬ 
ed  so  that  the  strip  of  chemically  prepared  paper 
containing  the  message  is  drawn  through  in  the 
machine  in- such  a  way  as  to  make  it  convenient  for 
the  ojieiutor  to  translate  it,  and  print  it  ? 

A.  I  was  not  aware  that  chemically  prepared  §58 
paper  was  used  in  it. 

Q.  I  iind  this  in  the  patent :  “  Figure  3  may  also 
bo  provided,  in  which  a  strip  of  paper  may  lie,  this 
strip  having  upon  it  telegraphic  characters  in  dots 
and  dashes  either  indented  in  the  paper  or  made  in 
colorsin  chemically  prepared  paper, so  that  this  may 
be  drawn  along  on  said  bar,  as  the  message  is  print¬ 
ed?” 

A.  That  is  only  a  reading  board  ;  it  is  to  put  the 
receiving  strip  as  received  from  the  automatic  tele¬ 
graph  on  the  reading  board,  so  as  to  copy  from. 

Q.  So  as  to  have  it  drawn  along  conveniently  in 
the  machine  for  the  writer  to  copy  it?  A.  Yes,  sir. 

Q.  And  it  was  designed  to  bo  used  in  connection  8aJ 
with  automatic  tclegrapy  for  the  purpose  of  facili¬ 
tating  the  translation  of  the  messages  ? 

A.  Yes,  sir. 

Q.  That  was  its  object  ?  Yes,  sir. 

Q.  That  same  machine  was  also  capable  of  being 


used  without  lmvmg  Hint. strip  or  paper  rim  throng! 
it  ns  a  typewriter?  Yes,  sir. 

Q.  So  that  it  was  either  usofiiljn  automatic  toll 
graph y  when  the  paper  strip  was  drawn  through  it 
or  it  was  useful  as  a  mechanical  _  printer  or  typ 
writer  for  other  kinds  of  uses  in  business  ?’  A 
SGO  Yes,  sir. 

'  Q.  At  that  timejhere  was  a  good  deal  of  interest 
and  there  were  people  inventing  these  typewriter? 
were  tliero  not  ?  A.  Yes,  sir. 

-  Q.  And  you  wore  trying’to  improve  them  ? 

A.  For  that  purpose— yes,  sir. 

~  Q.  And  with  their  capacity  to' be  applied  outsidi 
of  their  purposes  liere  ? 

A.  It  was  not  my  intention  •  tliey  were  not  in 
tended  for  that  purpose. 

Q-  ^!avu  ^lat  capacity  to  be  used  outside  ? 

~Q.  You  were  specially  aiming  to  make  them  am 
SGI  tomatic  telegraphic  copying  printers  ? 

A.  Applicable  to  automatic. 

Q. -Applicable  to  automatic  toiugmphy;  that 
i  1  111  I  A.  Yes,  sir. 

Q.  Ill  I  SOS,  whenlthere  was  published  this  inven¬ 
tion  of  yours,  this  was  a  counterplex  telegraph, 
woxking  from  opposite  ends?  A.  Yes,  sir. 

Q.  1  his  has  no  part  of  the  combination  that  is  in 
»!)  in  it?  A.  No,  sir. 

(The  paper  referred  to  is  in  The  Tele¬ 
grapher,  and  is  marked  “Ex.jQ.”) 

*  ,i,Qi  T1ft  in  effeot-  01,0  *>rm  of  differential 
862  duplex  ?  A.  Yes,  sir. 

allS;  Substantially,  in  its  general  construction, 
?“i,,SiS8  tl,e  drawing  on  the  black-boni xl- 
f°  dtuwing/juarked  do- 

A.  Having  that  principle. 

22fd  of:>Pli,)  1873,  you  applied  to  the 
Patent  Ofllce,  tor  a  patent  in  duplex  telegraphy 


(case  II),  a  copy  of  the  application  for  which  is  y. 
printed  on  pp.  ICO,  107,  and  10S  of  the  case  t 
A.  Yes,  sir. 

Q.  The  machine  shown  in  that  drawing  and  de¬ 
scribed  in  that  description,  can  only  work  from 
opposite  directions,  that  is  true  ?  g(.;1 

J /)-.  Wheeler. — Does  not  that  bring  up  the  same 
question-how  is.it  possible  that  the  consideration 
of  this  patent,  in  any  respect,  is  material  in  this 

%.  In  some  respects  it  is  a  controversy  over  which  ^ 
this  Court  lias  no  jurisdiction,  because  a  patent  has  \ 
been  issued;  when  you  come  to  questions  of  m-  , 

in  which  this  question  is  to  be  tried,  whethei  the  use  gG4 ; 
of  case  no  is  ail  infringement  of  case  It ;  case  n 
patented  and  case  0!)  is  not ;  tbeexam.i.ation  of  the 
question  will  require  a  great  deal  of  ti  ,  • 
not  think  any  decree  of  the  Court  would  be  binding 
on  us ;  if  the  two  cases  are  identical,  case  09  is  an 
infringement  of  case  II. 

"  Mr.  Dickerson. — My  learned  friend's  law  is  alit- 
.  tie  duplex.  The  State  Courts  can  try  uTuestionof 
the  substantial  identity  of  any  two  pa  .  t 

comes  collaterally  in  issue  In  a  £  , 

the  title  ;  nlthongh  it  cannot  try  the  questi 
fringeinent  alone. 

tlie  present  case. 

Mr.  Dickerson.- We  do  not  pun»»  £  J°e2ldn 
Mr.  Edison  has  been  asked  when  he  mmlo  ^  ^  ^ 


mvered  that  question  between  certain  limits.  lie 
made  it  in  3872.  As  is  shown  by  the  papers,  these 
series  of  inventions  which  led  up  to  the  invention 
of  00  passed  through  some  phases.  This  is  one  of 
them  ;  and  we  purpose  to  show  its  history,  and  the 
steps  it  took  until  it  landed  in  09,  and  we  propose 
to  show  just  when  the  tiling  was  ultimately  done. 

The  Cowl  .-—If  they  are  substantially  identical 
he  can  specify  the  time  when  this  invention  was 
made,  or  if  they  are  not,  I  will  permit  the  ques- 

I  o]  t  taken  by  Mr.  Wheeler. 

Q.  Hint  machine  as  show  in  that  picture  can 
only  be  worked  from  opposito  ends  over  one  wire : 
that  is  true! 

A.  Practically,  it  can  only  be  worked  in  oppo¬ 
site  directions. 

Q.  I  wish  you  to  keep  in  your  mind  that  vou  re¬ 
tain  all  the  parts  here '( 

A.  Yes,  sir;  everything,  no  alteration  of  the 
parts. 

Q.  No  alteration  of  the  parts,  but  only  their 
transposition?  A.  Yes,- sir. 

Q.  There  is  no  way  in  which  these  same  parts, 
keeping  them  entire  asparts-can  be  transposed  so 
as  to  make  the  thing  work  from  one  end  two  mes¬ 
sages  over  one  wire  ?  - 
A.  Yes,  sir;  it  would  work  badly. 

I  mean  to  work  practically  ? 

A.  To  add  nothing. 

T°  ,,lW  "filing !  b«t  merely  transpose  the 
p«u  ts  in  any  desired  wav  ? 

A.  I  think  not. 

1’!'en,.this.do\lble  spool  relay,  lettered  A,  B, 

„  !s  slmPb'  a  duplication  of  the  ordi- 

t  L  „ZV1>ntitinf  °neftt  0,10  ena«  other 


Q.  That  is  the  same  tiling  as  if  in  the  Morse  relay, 
which  has  been  used  as  an  illustration  in  the  case, 
there  were  spools  put  at  a  higher  level,  and  facing 
the  spools  that  are  now  on  the  base-board,  and  the 
armature  were  hinged  at  a  point  midway  between 
tho  two,  so  that  either  of  the  spools  would  attract 
an  armature  which  was  on  the  common  lever  that 
held  two  armatures  ;  that  is  the  arrangement,  is  it 
not? 

A.  It  is  a  different  arrangement  of  a  Morse  relay. 

Q.  Doubling  the  Morse  relay  in  that  way,  now, 
that  duplication  of  the  Morse  relay  was  made  by 
you  for  the  purpose  of  preventing  tho  falling  off  of 
the  armature  when  the  current  was  reversed  through 
the  polarized  relay  ;  that  was  its  object,  was  it  not, 
so  expressed  in  the  specification  ?  A.  Yes,  sir. 

Q.  It  was  an  invention  to  prevent  the  mutilation 
of  the  signal  by  tlio  falling  off  of  the  armature  ? 

A.  Yes,  sir. 

Q.  And  that  invention  involved  in  its  nature  the 
use  of  two  leading  wires,  from  the  battery  to  the 
two  relays?  A.  Yes,  sir. 

Q.  Andbecauso  it  involved  two  leading  „ue^, 
therefore  you  could  not  put  this  neutral  relay  at 
one  end  of  the  line,  and  have  the  battery  that 
worked  it  at  the  other,  without  also  having  two  line 
wires  ?  A.  It  could  be  moved  there. 

Q.  But  in  the  manner  shown  here  with  two  lead¬ 
ing  wires,  you  could  not  carry  that  double  relay  to 
tjie  other  end  of  the  line  without  carrying  to  it  the 
two  wires  that  now  are  shown,  operating  it  ? 

A.  Yes,  sir ;  you  could ;  you  might  connect  the 
wire  on  the  qilate  marked  E. 

Q.  What  then? 

A.  And  continue  that  indefinitely ;  that  would, 
bring  both  of  these  instruments  at  the  same  end  of 
the  line. 

Q.  I  am  now  proposing  to  move  the  two  relays, 
A  nndB,  from  where  they  are,  down  to  the  same 
end  of  the  line  where  the  polarized  relay  is  ;  can 


230 


you  ilo  tluit  without  ra  crying  two  v 
otlief  end  ?  A.  Why,  certainly. 

Q.  Well,  imw  will  you  do  that? 


872 


[Witness  makes  a  sketch  and  hands  it  to 
counsel.] 


Q.  Is  this  diagram  that  you  now  show  me  the 
plan  that-  you  suggest  in  answer  to  my  question  ? 

n  -niff,’  SU' ?wt  ls  tho  m,s"'c1'  to  your  question, 
semi  t!!  ‘  WOn,d  n°t ,,wko  a  telegraph  that  would 
send  two  messages  from  one  end  to  tho  other? 

f  °U.ll'd  n.ot  ask  lne  that  question  ;  put  your 
action  right,  if  you  want  me  to  answer  it. 

,n  your  mind  that  the  object  of  the 
ttnng  ,s  to  send  the  signals,  this  sketch  which  you 

end  VZLTZ?*  n0t  Se'ld  11,1  V  s,SnaIs  from  the 
873  A.  sh°  1,,Sh'lm,0,ltS  nre  t0  th0  other  end?) 


[The  diagram  was  not  put  in  evidence,] 


874 


April  27, 1877. 

Thomas  A.  Edison,  cross-examination,  continued 
by  Mu.  Diokekson. 

Mr.  Dickerson.— This  diagram  which  I  now  make 
on  the  board  is  tile  same  as  that  in  case  “  H,”  mere-  ^ 
ly  enlarged.  .  8| 

For  the  purpose  of  this  examination,  tins 
application  is  supposed  to  be  an  application  made 
by  Mr.  Edison,  and  I  have  asked  him  about  it,  as 
if  it  were  an  application  made  by  him,  and,  of 
course,  the  whole  examination  has  no  meaning, 
unless  that  is  Mr.  Edison’s  application  (call  it  wliat 
what  you  will,  case  “H,”  or  anything  else)  which 
is  one  of  the  steps  in  the  progress  of  the  invention 
which  led  up  to  the  invention  in  caso  “09.”  This 
is  not  90,  but  is  a  stop  in  the  way  to  09,  and  we  are 
examining  Mr.  Edison  on  it  as  a  thing  lie  applied 
for.  8 

The  Court. — As  I  understand,  the  witness i  was 
asked  yesterday,  when  he  first  conceived  this  thing 
in  his  mind.  Now,  it  seems  to  me  to  bo  a  legit  - 
mate  examination,  to  inquire  as  to  the  different 
phases  in  which  that  invention  presented  itself  to 
his  mind  step  by  step. 

Mr.  Wheeler. — That  is  wliat  your  Honor  ruled 
yesterday.  Now,  the  learned  counsel  proposes  to 
describe  this  particular  drawing  ns >  a  copy  of  i ;ome- 
thing  else  in  evidence ;  wlmt  I  smd  was  .that^that 
other  thine  which  he  refened  to,  is  n  i 

dence ;  I  have  no  objection  to  l.is  showing  the  diuw- 

ing  to  the  witness. 

lied  copy  from  tho  Patent  Office. 

The  Court. — You  may  prove  by  him  that  he  pre¬ 
sented  nn  application  containing  this  device. 


24(1 


241 


din'  DM‘e)'S0«— I  suppose  I  mny  prove  bv  him 
that  lie  presented  this  application  precisely.  ‘ 

The  Court.- Yes's  Mid  then  inquire  ns  to  its  feu- 
tnces,  and  as  to  (lie  time ;  it  is  not  to  esi-.l,  *1.  . 

^  nflirmative  defence.  Il!,h  "" 

nnfdwf/dWS0n-~N0i  cnso  “H”  and  “00,”  „ro 
wmt  to  get  the  steps’by  whiolT tl.VwiCls 'earned 

01' The  od!"TrJl  lloeS  no,;  **®  important  one  wav 
to  the  patent  otC7if  ym!' p^'that  ffTn ’! 

have*t  2>re\Snisjy,lai  his  ",i,ul-  mid  did  not 

1  "*  Wm  the  ques- 
5  at  sncli  a  day  make  that  application  1 
The  Powrf.— That  I  permit. 

50  ofiXtS  H,r/0,'e  We  »“*  now  the 

ceSie<!tetl  t0  5  ndraltted  S  Plaintiff  ex- 

Mr.  Dickerson _ ti.™.  , 

t]le  106th  pnge  of  “Jn  mo .  f°'ind  on 
and  running  through  and  takhm  n,  book> 

top  of  the  178th  l)ace  „  l  j  S .  tlm"'lngs  0,1  the 
P«go ,  application  of  April  22nd, 


■  1870,  marked  Exhibit.  4;  the  amendment  of  that 
dated  May  22,  1878,  marked  Exhibit  6  ;  an  amend- 
ii lent  of  that  dated  March  IS,  1875,  marked  Kv- 
liiliit  0 ;  and  the  patent  dated  April  27,  1876, 
marked  Exhibit  7  ;  the  number  of  that  is  174 ;  the 
application  for  it  was  tiled  April  20,  187o,>lie  day  / 
before;  it  was  granted  on  one  day’s  application,  as  »>- 
appeal's  from  the  face  of  the  papers  ;  there  weio 
.  three  applications  and  the  resulting  patent;  each 
of  the  applications  different  from  any  other,  all 
showing  a  series;  Iain  going  to  ask  you,  Mr.  Edi¬ 
son,  whether  this  telegraph,  shown  in  your  drawing 
of  case  “II,”  does  not  operate  in  a  certain  way 
which  I  will  state,  and  if  I  state  it  wrong,  then 
you  will  be  good  enough  to  correct  me  ;  if  not,  say 
yes;  because  it  is  more  convenient  for  me  to  ask 
you  the  question  thus  than  to  ask  yon  to  state  it. 

Q.  Now,  then,  in  this  telegraph,  case  “  IT,  there 
are  two  batteries,  one  of  which  presents  its  posi-  $ 
five  end  to  the  line,  and  the  other  of  which  pre¬ 
sents  its  negative  end  to  the  line,  and  one  of  which 
at  a  time  is  in  action  upon  the  line,  the  other  being 
out  of  action  at  that  time.  Is  that  so  ? 

Q.  These  are  marked  on  this  diagram  M.  BE  and 
M.  B.  now,  when  the  instrument  is  standing  ready 
charged  to  be  operated,  then  one  of  these  battenes 
is  sending  a  constant  current  through  the  circuit . 

A.  Yes,  sir. 

Q.  Always  constant.  And  these  batteries  inaj 
be  either  the  upper  one  with  its  positive  to  ie 
lino,  or  the  lower  one  with  its  positive  to  the  hue.  I 
It  is  indifferent  which  of  the  two  has  its  posin' 
to  the  lino?  A.  Yes,  sir. 

Q.  One  or.  the  other  is  on  the  line,  and  the  oppo¬ 
site  one  is  out  of  action?  A.  Yes,  sir. 

Q.  Then  there  is  a  continuity  preserving  re¬ 
versal  key  ?  A.  Yes,  sir.  . 

Q.  By  which  one  or  the  other  of  these  bnttuies 
is  thrown  on  to  line,  and  which  preserves  metallic 
contact  with  the  lino  at  the  moment  of  reversal 


A.  Yes. 

Q.  So  tlmt  Hiuro  is  never  n  loss  of  metnllie  con¬ 
tact?  A.  No. 

Q.  The  object  of  that  continuity  preserving  kcv 
is,  tlmt  there  shall  not  boa  time  when  there  Is  no 
SS4  n'n  ?nt  °'V  le  h"U’  S0  thi,t  tl,e  operator  at  the 
■» 

whirl)  lit-"’111  s,li,P“S0  that  the  mark 

^  Yes  £  ",0  thuro’ is  tho  wire  lino? 

Q.  If  you  please,  from  New  York  to  Boston 

iW  froTl?  '?°S  ?‘V mrr0nt  is  s,'PPosed  to  beflow- 
ing  from  Boston  to  Hew  York  over  the  wire  and 

“ST  Swr  Y°,k  t0  Boston  over  tim  wl^ 
O-  n  w  *  0110  wt'y  o'-the  other?  A.  Yes,  sir. 

8i>  wkL^to Ifl’  W-'°n  ?'e  °1,0,*lto1'  ilt  New  York, 
throws  int?  f  "n8!11)  ’  ],0"’OUld  c,osu  ,lis  keJ’>  «”d 

setQu.f  SU,,1,0S0>  tl,i,t  n  current  is 

A  Y^sir  °n  f°  NeW  York  ovel' ^t  Hn«  ? 

ra]avtniri,i1°rtlmfck1eyis  c,osetl>  tke  polarized 

3t3iSSSST*£—— 

Boston^bv  tir"D°  y°U  mean  tko  8ie,lnl  n'atle  in 

%  a.,  opii  revs? "  ”"<1” B““° 

ru 

swssaswv;* ssns 

tag),  111.  potortJS'  b“  * 


The.  Witness. — Yes. 


Q.  And  the  current  is  flowing  from  Boston  to 
New  York,  under  our  supposition,  and  making  that 
dash  ?  A.  Y'es. 

Q.  AVhilo  this  current  is  Mowing  that  way  I  nave 
spoken  of,  it  is  passing  through  one  of  those  non-  SSr 
tml  relays  in  New  York,  but  is  not  generating 
magnetism  enough  to  pull  down  the  armature 

Q.  Now,  suppose  we  want  to  send  a  signal  from 
Boston,  then  the  operator  at  Boston  closes  key 
K 1,  on  that  drawing?  A.  Y'es. 

Q.  AVhon  that  is  closed  the  effect  is  to  got  out  of 
the  lino  the  rheostat  11  i  A.  Yes,  sir. 

Q.  And  as  a  consequence  the  battery  which  h. 
been  generating  a  current  of  one  quantity  is  now 
enabled  to  generate  a  current  of  a  greater  quantitj, 
snv  two,  over  the  line  ?  A.  Y'es.  888 

Q.  And  that  greater  quantity  magnetizes  tho  n  - 
trai  relay  sufficiently  to  overcome  the  spring  of  the 
jiiiimtiue,  and  the  New  \ork  signal  is  mac  l  . 

time,  and  there  is  more  or  less  of  it  to  produce  the 
variable  results?  A.  Not  all  the  sign.i  . . 

Q.  But  the  signal  that  we  now  talk  o  ^ 

a  current  flowing  in  the  same  diroctio  '  . 

iirst  made  one  signal,  and  then  made  anothei,  bj 

,tu£i,r:^.r;:ri  ^  that  8S9 

each  other  on  the  line  to  make  these  two  signals . 

A.  No,  sir. 

The  Court. — But  the  two  currents  do  pass  simul¬ 
taneously? 

Mr.  Dickerson.- That  is  alleged  in  the  compiaint. 

If  an  electrician  is  asked  wha  is  a  < « “n^. 
triclty,  he  cannot  know .  It  is  either  a  cm  tans  b 


I 


ing  through  Mil*  lino,  or  n  transmission  or  impulses. 

/'  o  say  it  is  a  current  for  tlio  purpose  of  using  ii 
term  common  to  nil  electricians 
Q.  No  two  currents,  or  no  two  impulses,  pnss 
encli  other  on  the  line  nt  I  he  sumo  lime  2 
A.  I  ilon’t  know  that. 

0  A  ^  tl0,‘ 1  kl‘°"  "  llL‘t,lor  t,luy  (1°  or  not  • 
AB.ttl  111  *illis  ,nutl,od  fcll°  impulses  or  currents,  . 


nave  given  to  you  2  A.  Yus. 

I  tliev  JT  'Vl."f,,'.ei' t,luy  ,,e  umh!''ts  or  impulses 

"ol  8"”B  •»  contrary  directions.  A.  Yes 

inento/ti:,.^?'6!  furtl,or-  This  «'™»ge- 

i  3  ’  011  Sily"‘  (,|c  patent,  for  the  purpose 

R91  Of  neutralizing  the  effect  of  the  reversal  of  tliemir 
«nt  upon  the  signal  relay?  A.  Obviating. 

your  word,  which  is  a  bet.  ,  °onc  .1 
object  thera 2  A  ^4WaS "nd  "mt  ifi  «*“ 
i  jt  in  j?ot  ol,r  instrument,  where  1  left, 

trStothrowM".,!'0/!06?^’  tl10"  ",e  othor  »«tt«y 

signal;  is  not  that  so?9  noH,Won  «“»  '»sf 
A- The  static  discharge,  you  sav» 

wt  g3Xa&*£ *“ 


Q.  And  it  is  met  in  its  attempt  by  the  fresh  cur¬ 
rent  from  the  battery  that  has  been  now  thrown  on , 

A.  In  the  same  direction? 

Q.  Ill  the  opposite  direction  2  A.  No,  sir. 

Q  Let  us  go  over  the  ground  again  ;  the  current 
was  flowing  from  Boston  to  New  York  when  the  ^ 
instrument  was  reversed  2  A.  Yes,  sir. 

Q.  Now,  we  reverse  the  instrument,  and  we 
throw  the  current  from  New  York  to  Boston! 

A.  Yes,  sir. 

Q.  The  static  discharge  that  follows  the  breaking 
of  the  circuit  wants  to  get  from  Boston  to  iSuw 
York  at  this  end  of  this  line  2 
A.  The  static  discharge  which  Hows  out  from  tlio 
line  is  the  opposite  to  that  of  the  battery  which 
produces  it,  and  this  might  bean  opposite  battery  ; 
hence,  the  two  columns  of  static  diM.li.ngL  ol  tilt, 
current  from  the  battery  would  be  in  the  same 
direction.  ,  .  N! 

q.  You  say  it,  is  not  true  that  when  the  circuit 
is  broken  the  line  empties  itself  at  both  ends? 

A.  Yes,  sir. 

Q.  Docs  it  not.  empty  itself  at  both  ends  . 

A.  Yes. 

Q.  Therefore,  a  part  of  the  static  dischaige 
out  in  the  direction  of  the  current  that  had  been 
acting,  and  a  part  goes  out  in  a  direction  opposite 
the  current? 

A.  Yes,  sir.  .  .  . 

Q.  Now,  I  take  that  end  ;  it  goes  out  m  tliesai  .e 
direction  as  the  current  that  was  pioducing 
change  2  A.  That  would  be  at  Boston.  S 

Q.  It  discharges  at  botli  ends  2  A.  Acs. 

Q.  When  the  circuit  was  broken  the  line  ! 
considered  ns  being  charged  all  through  its  „ 

Q.  And  from  some  supposed  middle  point 
electricity  that  is  in  it  is  supposed  to  n 
both  ends.?  A.’ Yes,  sir.  .  .  jr 

Q.  The  same  as  water  would  run  out,  of  » pipe 
you  pulled  out  the  cork  at  each  end  !  A.  les. 


W»  jnow,  my  wise  is,  tlinr  mo  current-  wiis  run 
ning  from  Boslon  loNuw  York,, and  tlien  I  brail 

file  circuit ;  would  lliu  sialic  discharge  :it  IhoNev 
■ioi'k  oiul  run  out  in  Hie  sumo  direction  nsMiu  cue 
raif,  mid  ilm  sialic  discharge  id  tlio  Boston  em 
i  nn  out  in  nn  opposite  direction  from  tlio  current 
A.  If  the  battery  was  in  Hosion  it  would. 

Q.  No  nail  ter  where  llie  battery  is,  when  yoi 
have  broken  (lie  circuit,  the  sialic  discharge  wil 
nm^mt  at  both  ends  from  the  middle  of  tlio  line: 

Q.  Irrespective  of  where  the  battery  is?  A.  No, 

Q..  It  will  not  run  out  both  ways  if  the  battery  is 
1 1  one  end  ?  A.  Yes,  sir ;  it  will, 
l  V,'1  "'ll  1,1,1  oufc,,°H'  ways,  no  unit  ter  where 
he  battery  is,  it  is  certain  that  hair  of  it  must  run 
mt  in  the  direction  of  the  buttery  circuit,  and  the 
'tlier  half  contrary  to  the  battery  circuit ! 

A.  Yes,  sir ;  but  contrary  to  the  end  where  the 
altery  is,  and  in  the  same  direction  at  the  end 
’here  the  battery  is  not. 

Q.  The  stream  of  water  (calling  it  water,  now)  - 
lie  stream  of  water  from  Hosion  lo  New  York  was 
aiming  in  that  direction,  and  the  machine  that 
A  Yes'"  "1IS NuW  Yo>k — that  is,  the  battery ! 

Q.  That  is  a  good  comparison,  is  it  not?  A.  Yes. 
H.  And  all  at  once  we  cut  off  the  pump.  Will 
ot  one-half  of  the  water  in  the  line  run  out  in 
ew  York  and  one-half  in  Boston » 

A.  Not  one-hair. 

Q-  But  a  part  will  ’(  A.  Yes 
o^ic  tlmV,nrt  a,“*  '•'"•s  out  in  New 

r  ,  rriS  !lm  1,,,Ue,y<  <»><•  in  tl.e  di- 
A  No  si!  c,,1'rent  WI1H  Hotting  ? 

Q.  Which  way  does  it  run  I 

0  Which  w?SUi  *°  fl,W  cummt  Produced  it. 
Q.  Which  any  does  the  current  run  in  tlio  ease  I 
ve  given  you,  when  I  pull  mv  mimn  not  of  ti.« 


line-does  it  run  from  New  1  il  11  h  to  the 
line  ?  A.  Yes,  sir. 

Q.  It  does  not  empty  at  all  in  New  Yorlcl 
A.  Tt  empties  the  other  way. 

Q.  It  does  not  come  at  all  in  New  York  1 
A.  It  circulates  in  the  opposite  direction.  I 
don’t  know  where  it  goes  out. 

Q.  Does  it  not  produce  the  effect  of  coining  out 
of  the  end  of  the  pipe  in  New  York,  and  if  it  were 
automatic,  make  a  tailing  1  A.  No,  sir. 

Q.  Then  there  is  no  static  discharge  at  the  end  of 
the  line  where  the  battery  is  1  A.  There  is. 

Q.  Does  that,  when  it  empties  out,  make  a  tailing. 
If  you  had  an  instrument  there  make  a  mark  on 
sensitized  paper  i  A.  Yes,  sir. 

Q.  I  am  not  going  to  follow  thcqiicslioli  into  your 
conception  ot  the  way  it  gets  around.  You  are 
going  into  a  question  somewhat  deeper  than  is  no- 
eussnry.  The  effect  of  it  is.  that  it  acts  upon  -ie 
magnet,  01*  whatever  oilier  thing  is  in  thewaj  o 
at  tlie  New  York  end  t  A.  Yes,  sir. 

Q.  And  the  effect  in  this  ease  would  be,  <'• 

when  the  circuit  was  reversed,  the  helix  m  e  u . 

magnet  that  is  now  thrown  into  line  by  the  re  t  ... 
would  be  affected  more  or  less  by  the  statu,  ■ 

charge  1  A.  Yes.  .  ,  . 

Q.  And  that  would  be  affected  in  llle  f'1 
direction  in  respect  t  m  „■  el  n  fi  tl  • 
tion  of  the  magnetism  which  is  going  to  bo  >'upo-tu 
upon  it  by  the  new  battery  ? 

A.  No,  sir  ;  it  would  tend  to  augment. 

Q.  Which  battery  1 

A.  The  new  battery  put  on. 

Q.  Then  when  you  got  this  up  fo''  t 

of  obviating  the  defect,  it  was  upon  t  _  ■  . 

one  ot  these  two  magnets  would  begin 
charged  soon  enough  to  hold  tlio  nrnin'i  re, »<  "  * 

the  discharge  of  the  other  one  would  not  lot  it  «>  - 

“nS'.oSS  «  - 

_ mi  ii  lino,  is  it? 


21ft 


A.  It  might  bo  on  n  very  long  lino. 

Q.  How  on  an  ordinary  lino  ;  it  is  not  practical)! 
operative ;  you  improved  beyond  Hint,  did  yo 
not  2  A.  I  am  not  sure  about  tlmt. 

Q.  You  cannot  say  whether  that  is  or  is  iu 
practicably  operative  ' 

A.  That  is  according  to  how  you  manipulated  i 
Q.  Manipulated  it  by  closing  the  key  in  the  01 
dinary  way  ? 

A.  There  am  other  manipulations  to  h><  eon 
through. 

Q.  There  is  no  manipulation  that  the  operate 
goes  through,  except  to  closu  the  kev  ? 

A.  No,  but  it  may  bo  adjusted  by ‘the  inventor. 

.  here  is  nothing  of  that  described  in  the  an 
plication,  is  them? 

A.  I  hat  was  a  mere  matter  of  adjustment ;  it  wa 
not  necessary  to  describe  it. 

9‘  .V°n  say,  do  you,  that  that  is  opera tivi 
under  ordinary  proper  adjustment  i 
A.  I  say  it  can  be. 

Q.  I  don’t,  ask  what  can  lie ;  but  taking  it  just  a: 
it  s  ands  on  the  drawing,  is  it  not  perreeilv  curtail 
thaUhear'naturewouhUa11  off  at  the  point  of  re 

'  P  C!el)'i,uls  "I’on  the  resistance  of  the  circuil 
that  the  instrument  was  placed  in. 

Pwiadplrf.|tller0,’ain"ry  cilcuit— »«y  rrom  here  tc 
i  hilndelphin— for  practical  telegraphing? 

A.  I  don’t  know  about  that.  b 

Q.  You  cannot  say  that  will  onerato  on  li„„ 
Horn  Philadelphia  made  in  the  ordinary  way? 

A.  I  would  not  like  to  bo  sura  of  it.  ■ 

ml  ""‘'f  11  duplex/froin  opposite 

others?  oupicx,  and  a  great  many 

A.  In  efficiency,  no,  except  that  it  has  possibili¬ 


ty  Possibilities  by  adding  some  other  improve¬ 
ment  i  A.  Yes. 

Q  Hut  I  speak  of  the  thing  as  it  is  shown  there  . 

A.  Not  necessarily  any  other  improvement. 

Q.  I  speak  of  just  the  machine  shown  there, 
without,  speaking  of  putting  anything  on  except 
wlmt  is  there — just  what  you  have  described  1 
A.  Ho.  ..  ..  .. 

Q.  You  cannot,  say  that,  as  you  ilescniie  ir, 
would  be  operative  to  Philadelphia  !  A.  Ao. 

Q.  Now,  sir,  I  lind  in  this  first  description,  oil 
page  lftS,  these  words,  in  lix.  4,  “If  both  l“h,t(*'“ 
and  negative  currents  were  passed  through 
magnet  only,  a  charge  and  discharge  nou  1 
duced  with  the  change  of  polarity,  ‘UUJ  . 10 '  ‘ 

turn  would  he  repulsed  or  repelled.  Inn  s  ‘ 
true  statement,  was  it  not,  then?  A.  \es,  su. 

Q.  And  this  contrivance  of  the  «™iaium  ‘  * 
what  you  made  to  overcome  the  difficulty,  that  >  on  M 
would  have  encountered  in  the  relay  i 
.  A.  It  was  an  attempt  to  overcome  it.  _ 

Q.  And  in  making  that  attempt  you  pat  "  _ 
line  two  magnets  and  two  wires,  ami  the 
traduced  the  difficulty  that  you  could  not  -M-  | 
your  key  f, on.  you,  ,e„> s  *  aH<m.  aiso  «'  »'£ 
two  wires  between  them.  1  hut  "as  tin  " 
duced  into  the  machine  by  the  nseo 

Q.' 'uLmom  . 5S 

-  »  <*«■  '•')■  »>  «•  "£ «“ 

you  have  stated  the  same  inuttei  "him 

ed  in  the  first  one  i  A.  Yes,  sir. 

Q.  And  that  was  true  then  ?  A.  ^’  b  y  Q7l 
Q.  Look  at  the  lirst  claim  m  Ex.  <>,  " 
and  I  ask  you  whothor  that  was  not 
ment  of  tlio  object  of  the  tiling  *>tt 

°lnAn!  do  not  see  that  the  claim  is  a  statement  of 

tiie  object  at  all.  .  „  combination 

Q.  Is  it  not  a  true  statement  of  the  c 
that  you  had  then  made  for  the  purpose  of  holding 


y 


mature  still  at  the  time  of  the  reversal  of  the 
current  2 

A.  Tt  is  a  claim  for  that  combination. 

Q.  It  is  a  true  statement  of  it? 

A.  So  far  as  it  goes,  yes. 

...  Q-  Now,  a.  step  further.  In  the  application  of 
Mil  roll  18th  (Ex.  (i),  I  linfl  rhc.se  words  in  the  172d 
pilge :  “  The  invention  lias  for  its  object  tile  simiil  - 
tnncons  transmission  of  two  ditrerent  discharges  or 
signals  over  the  same  wire  from  opposite  direc¬ 
tions,  or  in  the  same  direction,”  and  1  ask  you 
whether  that  instruction  or  whether  that  sugges¬ 
tion  does  not  necessarily  require  that  the  two  keys 
should  be  put  at  one  end  of  the  line,  instead  of  be¬ 
ing  one  at  each  end  2 

A.  h’oi  transmitting  in  the  same  direction.  It 
says  “  opposite  directions”  here  also. 

Q.  If  in  tlio  same  direction,  then  that  requires 
909  that  the  constructor  should  move  his  key  from  the 
opposite  end  to  the  home  end  2  A.  Yes. 

Q.  In  order  to  do  that  it  is  necessary  to  take  out 
of  the  machine  this  double  relay  and  substitute  for 
it  a  single  relay,  is  it.  not  2  A.  It.  may  be 
Q.  So  far  as  you  know  it  is,  is  it  not? 

A.  1  don’t  know. 

Q.  You  don’ t  know  whether  it  is  or  not.  Have 
you  ever  made  any  telegraph  in  which  there  were 
two  wires  and  two  relays,  and  in  which  the  two 
keys  were  at  the  same  end,  and  so  combined  as 
that  two  messages  could  be  sent  from  one  to  the 
other  end  of  the  line  simultaneously?  Have  you 
•HO  ever  seen  such  a  telegraph  as  that,  or  ever  made 

line  1  lm'  U  S0°n  ll0nbl°  SP°01  ,,elnys  0,1  thc  s,,mo 
tt„?i  ?' '“d'kition.  The  question  is  con- 
nied  to  this  kmdo  double  relay,  with  two  wires 
to  it  ami  two  batteries?  A.  Yes  ;  I  have 
Q.  Where  was  that  machine  ?  A.  In  Boston. 

Q.  l  ien  was  that  machine  this  sort  of  machine 
.  with  the  double  relay  carried  away  to  the  £ 


end  of  tlio  line,  and  the  key  that  reversed  it  left  at 
this  end  of  tlio  line  ?  A.  Yes. 

Q.  Then  you  had  two  wires  on  the  lino? 

A.  Ho,  sir. 

Q.  How  did  you  get  your  two  wires  then  that 
are  in  this  machine  if  you  took  one  of  them  out? 

A.  They  wore  only  short  wires.  91 1 

Q.  Oil,,  the  line  was  so  short? 

A.  No,  they  came  from  the  two-spooled  relay 
and  joined  about  a  foot  from  the  relay,  and  contin¬ 
ued  on  to  New  York  by  one  wire.  The  apparatus 
was  not  used  for  that  purpose.  It  could  have  been 
used  for  that,  purpose,  perhaps. 

Q.  I  mean  for  the  purpose  of  sending  two  mes¬ 
sages  at  the  same  time  from  the  same  i  nd  2 

A.  You  did  not  put  your  question  in  that  way. 

Q.  That,  is  the  purpose  that  I  mean;  is  it  not 
necessary,  so  far  as  you  know,  in  order  to  make  a 
telegraph  work  from  the  same  end,  that  you  should  g  j  ^ 
substitute  for  the  two  spools,  one  spool,  and  sub¬ 
stitute  for  the  two  battery  wires  one  battery  wire  2 

A.  So  far  us  I  know  now. 

Q.  I  find  in  the  same  application  a  little  farther 
down,  at  tlie  bottom  of  page  173  (Ex.  0) :  “The 
relay  A,  B,  may  also  be  placed  at  a  number  of 
stations,  if  A  or  B  be  dispensed  with,  and  .  other 
devices  supplied  to  prevent  the  mutilation  of  the 
signals  by  change  in  the  polarity  of  the  iron  core.” 

Does  that  mean  that  you  take  out  one  of  these  two 
relays  and  make  a  single  relay  in  its  place,  and 
then  carry  tlio  single  relay  down  the  line  as  far  as 
'  you  please,  so  as  to  make  it  operate  at  a  distance,  913 
while  tlio  key  that  reverses  the  current  may  be  far 
oil  from  it  on  the  line  2 

2 he  Court. — You  moan  that  you  may  take  the 
double  relay  and  put  it  at  any  stage  on  tlie  Hue, 
provided  you  leave  one  of  these  relays,  and  remove 
the  other  ? 

Mr.  Dickerson. — Provided  you  leave  out  of  the  in- 


strnmunt  this contrivance  for  obviating  tlio  difficulty 
of  reversal,  and  put  a  singlo  relay  down  the  lino 
somewhere— provided  yon  supply  that  singlo  relay 
with  some  other  contrivance,  to  produce  tho  effect 
and  obviate  the  difficulty  of  reversal  ? 


Q.  Now,  when  you  speak  of  “  A  or  B  being  dis¬ 
pensed  with,  and  other  devices  supplied  to  prevent 
the  mutilation  of  the  signals those  other  devices 
mentioned  there  are  the  devices  in  “!)0,”  for  pre¬ 
venting  the  mutilation  of  the  signals  * 

A.  Not  particularly  these  devices. 

Q.  But  such  devices  as  that  *  A.  Yes. 

Q.  Which  did  not  exist  when  this  application  in 
1873  was  made » 

A.  They  existed,  but  were  perhaps  not  applied. 

Q.  The  batter v  existed,  but  the  combination  that 
5  made  them  effective  for  this  purpose  did  not  exist 
in  April,  1873? 

A.  Perhaps  not. 

Q.  And  you  invented  that  afterwards  * 

A.  I  am  not.  sure. 

Q.  You  say  they,  did  not  exist  so  far  as  you 
know,  for  that  purpose  ? 

A.  I  do  not  say  positively. 

Q.  You  do  not  know  whether  thev  did? 

A.  No,  sir. . 

Q.  If  they  had  existed  when  the  application  of 
April,  1873,  was  made,  it.  would  not  have  lieen 
B  "ffT'y  t0  >mvc  invented  this  double  concern, 
with  Us  difficulties,  to  prevent  the  evil  that  you 
spoke  of  in  the  application  of  April,  1873  1 

A.  I  might  have  done  it. . 

Q.  AVonld  it  have  been  necessary  ? 

^es'  it  would.  I  don’t  understand  the  ques¬ 
tion  at  all.  I  might  have  had  that  combination. 

Q.  I  do  not  ask  that.  I  say  in  April,  1873,  when 
you  made  the  application  in  case  “H”  and  in¬ 
vented  nnd  described  in  the  patent,  this  double  re¬ 


lay  to  obviate  the  effect  of  reversal— that  inven¬ 
tion  would  not  have  been  necessary  to  obviate  the 
effect  of  reversal,  if  at  that  time  you  had  had  the 
other  invention,  which  would  work  on  the  single 
relay  anywhere  on  tile  line— would  it* 

A.  Yes,  it  would  have  been  useful  in  this  way— 
to  prevent  any  person  from  getting  any  of  the  E 
modes. 

Q.  Useful  as  a  bar  in  the  Patent  Office  ?  A.  Yes. 

Q.  But  not  useful  in  the  machine. 

A.  Tt  would  in  some. 

Q.  Comparatively,  it  would  not  bu  useful.  The 
other  is  the  valuable  tiling*  A.  Yes. 

Q.  This  is  not.  comparatively  valuable  compared 
with  the  other,  is  it?  A.  No. 

Q.  Now,  sir;  did  you  put  into  this  application  of 
this  amendment  of  March,  187b,  (Exhibit  0)  these 
sentences  that  1  have  last  called  your  attention  to, 
namely:  “  In  the  same-direction,”  and  that  sen-  r 
tence  beginning  with  these  words :  “  The  relay  A 
B,  may  also  be  placed  at  a  number  of  stations,” 


Mr.  Wheeler. — AVe  object. 

The  Court. — It  seems  tome  that  it  bears  on  Hie 
question,  whether  the  witness,  at  the  time  1m 
made  the  applications,  hud  in  his  mind  another 
and  a  different  invention,  which,  if  it  lmd  existed 
at  the  time,  would  render  it  improbable  that  he 
would  apply  for  a  patent  on  them. 

Mr.  Wheeler. — Permit  me  to  make  a  sugestion ; 
there  is  a  suit  pending  by  the  AVostern  Union  Tele- 
gaapli  Company  against  this  defendant  and  others, 
one  object  of  which  is  to  try  the  title  to  this  very 
invention,  that  the  witness  is  being  examined 
about;  nud  one,  of  the  allegations  is  that  these 
words  were  inserted  m  tile  amended  specification 
by  a  fraudulent  device ;  that  is  the  issuu  in  tho 
other  suit;  all  this  cross-examination  has  a  bear- 


•  ing  oil  that  question.  We  urged  upon  your  Honor 
in  the  commencement,  that  one  of  tlicse  cases 
would  necessarily  involve  the  other,  and  Mint  it  was 
better  lo  have  them  fried  in  one  suit ;  Imt.  your 
Honor  ruled  otherwise. 

920  The  Court-  —Not  that  it  was  not  bettor  to  do 
that,  Imt  that  I  would  not  defer  the  trial  of  this 
suit. 

Mr.  Wheeler. — Now,  we  are  brought  into  this, 
and  if  this  matter  is  gone  into  and  the  whole 
ground  is  covered,  your  Honor  may  have  twosuits 
tried  in  one,  without  the  possibility  of  a  decree, 
and  without  any  advantage ;  1  fear  Mint  the  objec¬ 
tions  which  I  have  felt  bound  to  make  in  regard  to 
this  subject,  on  consultation  with  my  associates, 
have  seemed  to  the  Court  to  lie  technical ;  we  aver 
,) -  j  that  the  invention  was  sufiicicntly  matured  in 
April,  1871,  to  be  the  subject  of  the  present  assign¬ 
ment  in.  presenti.  Weaver  second,  that  if  it  was 
not  sufficiently  matured  at  that  time  to  be  the  sub¬ 
ject  of  an  assignment,  it  had  become  so  before  Mr. 

Prescott’s  agreement. 

The  Court;— Wlmt  occurred  afterwards  may 
have  a  bearing  on  what  did  take  placo  before  the 
i  „  ant. 

Mr.  Wheeler. — Here  is  a  specilication  which  was 
filed  in  March,  1875.  Does  tho  fact  that  something 
922  }VaS  .lnSul'te<!  in  tllllt  by  "’ay  of  amendment,  have  a 
bearing  on  this  question.  It  seems  as  it  wo  were 
going  beyond  the  necessities  of  the  case  on  that 
particular  point. 

The  Court ;  I  permit  tho  question  to  be  asked. 

Plaintiff  excepts.  - 


Q.  At  whose  request  1 


Mr.  Wheeler. — Wo  object  to  that  as  immaterial. 

Objection  sustained  after  argument. 

Tile  argument  may  be  appended  hereafter. 

Q.  Look  at  tho  paper  which  f  now  show  you. 

Did  you  see  that  paper  at  about  the  time  of  its 
date,  February  Oth,  1878.  A.  Yes,  sir. 

Q.  AVlio  slfowed  it  to  you  1  A.  Air.  Miller. 

Q.  Who  was  Mr.  Miller— u  friend  of  yours  ? 

A.  Secretary  and  treasurer  of  the  Gold  Stock 
Company. 

Q.  And  a  friend  of  yours!  A.  Yes,  sir. 

Q.  Acting  for  you  ?  A.  Yes  sir. 

Tho  paper  referred  to  is  a  letter  from 
William  Orton  to  Mr.  Miller. 

Mr.  Diclccrson. — No>  uii^-if  your  Ifonor  please, 
not-thn-wHnooo’ij  conception,  In  the  direct  exami¬ 
nation  of  Mr.  Edison  they  asked  him  when  he  first 
went  into  some  arrangement  with  Mr.  Orton  ;  and 
your  Honor  will  remember  lie  was  asked  about  the' 
month  of  May  and  about  going  to  Europe,  and 
about  the  payment  of  money,  and  so  forth.  'I  bat 
is  tho  subject  they  proved  by  Edison.  I  am  en¬ 
deavoring  by  cross-examination  to  get  tho  whole  ol 
the  matter. 

The  Court— X  did  not  attach  so  much  importance 
to  theexamiiiation-in-chief  in  regard  to  the  circum¬ 
stances  referred  to,  and  I  do  not  recall  distinctly  gs5 
what  the  evidence  was  on  that  subject,  or  what  the 
bearing  of  it  was. 

The  letter  is  admitted  in  evidence,  and 
marked  defendant’s  Exhibit  8. 

Q.  Was  not  that  letter  in  response  to  an  applica¬ 
tion  made  by  you  through  Mr.  Miller  to  tho  \\ 

erh  Union  Telegraph  Company,  to  make  a  con- 


tract  with  you  in  respect  to  some  inventions  that 
you  were  making  or  contemplating  ? 

A.  I  believe  it  was. 

Q.  Did  you  not  see  Mr.  Orton  in  consequence  of 
tlmt  letter,  and  verv  soon  after  it  ? 

A.  I  think  I  did. 

Q.  You  accepted  tlmt  invitation  and  saw  him  ? 

A.  I  think  so. 

Q.  Did  you  not  then  make  an  agreement  in  sub-  ■ 
stance  this :  That  you  would  go  on  with  the  West¬ 
ern  Union  Telegraph  Company,  and  developo  cer¬ 
tain  conceptions  and  inventions,  that  you  had  in 
duplex  telegraphy,  and  when  they  were  done  and 
patented,  that  that  Western  Union  Telegmph  Com¬ 
pany  should  own  them  by  paying  you  such  a  price 
as  you  and  that  company  should  agree  upon,  and 
if  you  could  not  agree  upon  it,  then,  that  an  arbi¬ 
tration  should  settle  it,  and  they  should  own  the 
patents: 


Mr.  Wheeler. — Our  only  object 


illation  was  to  show  win 
ceived  from  the  Westc 
puny  prior  to  January, 


:  consideration  lie  had  re 
i  Union  Telegraph  Coiii- 


The  Court.—- You  have  his  statement  in  that  re¬ 
gard.  All  this  evidence  may  have  a  bearing  on 
that  question,  and  I  will  therefore  allow  it. 

Mr.  Wheeler  further  objected  to  tile 
alleged  proof  of  the  contract,  on  the 
ground  that  it  was  a  contract  within  the 
statutes  of  frauds,  and  it  must  be  proved 
by  a  writing. 

Mr.  Dickerson.  In  respect  to  the  statute  of 
frauds,  it  seems  to  mo  that  in  the  aspect  in  which 
this  class  of  questions  is  addressed  to  the  Court,  it 
has  no  relation  tq  it  whatever,  except  this  is  a 
fraudulent  transaction.  I  am  not  seeking  at  pre. 


Question  allowed  and  exception  taken. 

A.  I  think  we  had  such  an  understanding  by  the 
voico.  j 

>  Q.  An  oral  contract  or  and  t  In  g ? 

A.  Yes,  sir. 

Q.  At  that  time,  did  you  not  deliver  to  Mr.  Orton 
a  little  book  or  lile  a  paper  containing  the  differ¬ 
ent  duplex  inventions  upon  which  you  proposed 
with  him,  and  lie  agreed  with  you  to  go  on  and 
make  experiments,  and  developo  them  i 

A.  Yes,  sir. 

Q.  Is  that  it?  [handing  paper  to  witness.] 

A.  Yes,  sir.  ‘  ^ 

[The  paper  is  dated  February  Ifitli, 
and  marked  Exhibit  0.]  g 

Q.  At  that  time  the  Western  Union  Telegraph 
Company  was  working  what  is  known  as  Stearns’ 
duplex?  A.  Yes,  sir. 

Q.  And  had  been  for  some  years?  A.  Sometime. 

Q.  Do  you  remember  how  long,  about  ? 

A.  No,  sir. 

Q.  You  don’t,  know  exactly  ? 

A.  No,  sir.  Q.  Then  did  not  Mr.  Orton  say  to 
you  utter  you  had  shown  him  tlicso  things; 

“  Go  on  and  invent  all  the  duplexes  you  can  make 
that  will  work,  regardless  whether  they  do  or  do 


agree  upon  the  price  we  will  leave  it  to  competent 
disinterested  parties.” 

A.  I  believe  lie  said  so  ;  I  think  he  did. 

Q.  Did  you  not  then  begin  your  work  under 
these  instructions  and  that  agreement  to  develop 
your  duplox  inventions  tlmt  were  there  shown  to 
Mr.  Orton,  and  exhibited  in  that  paper  which  is  in 
evidence? 


Mr.  Wheeler. — Is  it  not,  fair  nt  least,  under  tins 
state  of  the  case  that  the  witness  should  not  bo  led 
too  much  ? 

The  Churl.— You  confined  the  subject  to  n  very 
small  limit  in  your  cxamiimtion-in-ohief ;  it  now 
)32  seems  to  bo  developing  very  much.  That,  how-  ■ 
ever,  seems  necessary.  It  would  be. better  to  ask 
what,  occurred,  and  it  lie  fails  to  recollect,  liis  mem¬ 
ory  can  be  refreshed  by  calling  his  attention  to  cer¬ 
tain  facts.  If  the  witness  proves  reticent,  or  does 
not  recollect,  I  should  permit  counsel  to  ask  most 
leading  questions  to  get  at  the  facts. 


Q.  And  you  had  access  to  the  operating  rooms 
of  the  company,  and  to  their  instruments  and  ap- 
plianees  for  the  purpose  of  making  your  expori- 
;  d  meats  ?  A.  Access  to  the  operating  room— yes,  sir. 

Q.  And  also  the  use  of  their  instruments,  did  you 
not  ?  A.  I  am  not  so  sure  as  to  that, 

Q.  Can’t  you  remember  ?  A.  I  think  I  hadn’t, 

Q.  You  had  to  bring  your  own  instruments  ? 

A.  Yes,  sir ;  at  that  time. 

Q.  That  was  in  February,  ?8<:i  ? 

A.  About  that  time. 

Q.  Look  at  that  little  paper  and  say'  whether 
that  is  in  your  handwriting  ?  A.  Yus,  sir. 

Q.  It  is  not  dated.  Do  you  remember  about  the 
time  when  that  was  written ;  you  began  about  the 
934  Gth  of  February  ?  A.  It  was  about  February. 

Q.  To  whom  was  that  paper  addressed  ? 

A.  1  think  to  Mr|I.  Miller. 

Q.  It  is  Mr.  M.  there ;  that  means  Miller  ? 

A.  A.  Yes,  sir. 

Q.  He  was  acting  as  yonr  agent,  was  he  not  ? 

A.  Yes,  sir. 


The  little  paper  was  read  In  ovidqncc, 
and  is  ns  follows :  “Mr.  M  ;  want  order ; 


go  in  W.  U.  nights,  to  feel  the  pulse  of 
my  patients.  Edison.”  It  was  marked 
Exhibit  10. 

Q.  He  good  enough  to  translate  that  for  us ;  what 
is  meant  by  that  paper? 

A.  The  patients  were  the  wires. 

Q.  The  Western  Union  Telegraph  Company’s 
wires  ?  A.  Yes,  sir. 

Q.  And  “  Go  in  ;  W.*  U.  nights — ”  go  in  where? 

A.  Into  the  operating-room  of  the  Western  Union 
Telegm  pli  Com pany. 

Q.  Ho  one  is  admitted  there  but  the  employes  of 
the  company,  generally  speaking? 

A.  I  don’t  know  that. 

Q.  At  the  time  when  this  arrangement  was  made 
that  you  speak  of,  did  you  not  say  to  Mr.  Orton 
that  you  could  furnish  him  any  quantity  of  du¬ 
plexes  that  he  might  ask  for,  or  words  to  that 
effect  ?  A.  Yes,  sir. 

Q.  And  that  you  would  make  him  different  ones 
for  about  live  dollars  apiece? 

A.  1  didn't  mention  theaniouut. 

Q.  Don’t  you  remember  to  have  said  in  regard  to 
one  that,  you  showed  him,  “There  is  a  good  one, 
and  you  can  have  it  for  live  dollars.”  ? 

A.  Perhaps,  I  might. 

Q.  At.  that  time,  it  was  your  opinion,  was  it  not, 
that  this  duplex  business  was  not  a  very  valuable 
thing?  A.  Very  valuable. 

Q.  You  thought  it  was ?  A.  It  was.  ay 

Q.  Did  you  think  so  at  that  time?  A.  Yes,  sir.' 

Q.  That  all  these  duplexes  were  valuable  tilings  ! 

A.  As  they  already  had  a  duplex,  it  would  not 
do  them  any  good  to  have  any  more,  except  as  an 
insurance  against  other  parties  using  them— other 
lines. 

Q.  For  the  purpose  of  getting  patents,  and  pre¬ 
venting  others  from  competing  with  them  in  the 
market — that  is  the  value  you  attached  to  them  1 

A.  That  is  the  value— a  negative  value. 


Q.  It  hns  been  staled  hero  Mint  you  treat  present 
in  the  employ  of  ihu  Western  Union  Telegraph 
Company  ;  I  wish  to  have  you  state  whether  that 
is  so,  and  what  are  your  relations  to  that  eotiipauy  ? 


J  .rfSf.1  have  a  contract  which  provides  that  in  ease  1 
invent  anything  valuable  that  is  useful  to  the  Wes¬ 
tern  Union  Telegraph  Company,  that  they  have  the 
option  to  purchase  if,  and  to  assist  me  in  exploiting 
and  inventing  those  inventions  ;  they  pay  me  a  cer- 
tain  sum  weekly,  which  the  contract  says  1  must 
|ia  expend  all  in  perfecting  those  inventions. 

II  Q.  The  price  to  he  paid  liy  arhitraliou  I  Yes,  sir. 

II  Q.  And  that  work  you  are  doing  at  your  own 

II  factory  i  Yes,  sir. 

VS  flyJ  Q-  hi  New  .lerscy,  somewhere  ?  A.  Yes,  sir. 

Q-  And  you  are  doing  other  work  for  other  peo- 
II  pie  ?  A.  Yes,  sir. 

IS  Q.  You  have  a  factory  or  laltaralory  >. 

II  A.  Yes,  sir. 

^  And  inventing  for  other  people,  and  making 
XVivS  machinery,  and  whatnot’  A.  Yes,  sir. 

A-  Now,  1  „  t  tl  s  u  t  it  i 

February,  you  went  on  and  tried  those  experiments 
on  your  different  plans,  the  plans  contained  in  that 
paper,  were  they  not  1  A.  Yes,  some  of  them. 

Q.  I  show  you  another  paper,  and  ask  you  if  that 
940  is  your  writing?  A.  Yes,  sir. 

Q.  To  whom  is  that  addressed  1  A.  To  Mr.  Mil¬ 
ler. 

lt)  -v  ,,  tv.  J  is  dated  April  4tli,  1873.  Counsel 

,  l,uts  ft  il>  evidence,  and  it  is  marked  Do- 
1Ek>  tfo  Mi .  fondant’s  Exhibit  11. 

Q.  The  duplex  referred  to  in  here  ns  prior  to 
Stearns  was  in  the  Telegrapher  'l  A.  Yes,  sir. 

Q.  You  never  patented  that,  did  you  ? 

A.  I  think  not,  sir. 


Q.  That  was  suhslantmllv  the  same  as  the  differ¬ 
ential  then  known?  A.  Yes,  sir. 

Q.  There  was  nothing  patentable  in  that? 

A.  At  that,  time  T  thought  it  was  new ;  in  fact,  it 
was  not;  my  particular  arrangement  perhaps  was 

Q.  You  were  an  inventor  of  that  hut  there  hap-  f 
polled  to.be  somebody  before  you  that  you  didn’t 
know  of— that  is  true  ?  A.  Yes,  sir. 

Q.  Tt  is  a  good  many  years  old,  is  it  not  ? 

A.  The  duplex? 

Q.  That  duplex — the  differential  ? 

A.  The  differential  duplex  is  very  old. 

Q.  When  did  the  word  duplex,  to  your  knowl¬ 
edge,  come  into  use  as  descriptive  of  this  class  of 
telegraphs  ? 

A.  I  think  it  was  invented  by  Slearns-tlie  use 
of  the  word,  in  1871  or  187:2. 

The  Court. — Was  if.  then  applied  to  transmissions  ' 
in  belli  directions  or  only  one? 

A.  Tn  opposite  directions  only. 


Q.  It  was  in  opposite  directions  i 

A.  Yes,  sir:  but  it  came  to  be  applied  to  instru¬ 
ments  in  the  same  direction  ?  A.  Yes,  sir. 

Q.  So  that,  generally  the  word  duplex  meant 
either  way  ?  A.  Yes.  sir. 

Q.  You  say  ten  models  for  ten  different  duplex 
have  been  delivered  toMunn  &  Co.,  patent  solicit¬ 
ors.  Those  models  wore  models  for  a  class  of  ap-  943 
plications,  lettered  from  A  to  H,  and  perhaps  far¬ 
ther,  wore  they  not?  A.  Yes,  sir. 

Q.  Case  H  was  one  of  these  things  ? 

A.  Yes,  sir. 

Objected  toon  the  ground  that  no 
communication  of  that  to  the  Western 
Union  Telegraph  Company  has  been 
shown. 


i 


The  Court. — Tho  objection  goes  to  tho  cITuct  of 
the  testimony.  It  I  were  trying  a  case  before  a 
jury,  anil  the  motion  were  to  strike  out,  I  think  my 
duty  would  be  to  instruct  the  jury  to  disregard  tin;  • 
evidence.  Tho  most  I  can  do  is  to  disregard  it  my¬ 
self  if  it  has  no  bearing. 

Q.  'I'lie  model  of  case  09  was  not  one  of  these  ? 

A.  No,  sir. 

Q-  Now,  sir,  look  at  the  paper  I  now  show  you, 
and  say  if  that  is  your  lmnd-wriling  1 

A.  Yes,  sir. 

[The  paper  is  dated  April  23rd,  1872,  and  is  mark¬ 
ed  Defendant's  Exhibit  12.  | 
ftvMsaazrlb  Oiouxy. 

Objected  to  on  the  ground  that  it  is 
not  proper  cross-examination. 

Mr.  Dickerson  offered  the  paper  as  a  mere  writ¬ 
ing,  and  not  as  a  power  of  attorney. 

Mr.  Wheeler. — We  did  not  ask  anything  about 
94fi  his  relations  with  Miller,  or  Millor's  relations  to  tho 
Western  Union  Telegraph  Company. 

[Mr.  Dickerson  desired  to  conneot  the  paper 
with  these  transactions.  Mr.  Wheeler  further  ob¬ 
jected  on  the  ground  that  the  paper  could  not  be 
proved  by  Edison,  but  that  it  must  be  proved  bv 
he  subscribing  witness.] 

The  Court. — He  -is  not  a  party,  and  it  is  not  pro¬ 
posed  to  contradict  the  witness. 


The  Court. — With  what  point  of  view  Ims  it  any 
bearing  on  the  question  that  was  introduced  in  the  947 
exaniinatiou-iu-chief. 

Mr.  Dickerson.— It  is  this.  To  show  that  he 
did  go  on  up  to  April  23d,  and  made  this 
string  of  inventions,  and  among  others,  this  case 
IT,  leading  up  to  99,  being  the  lirst  step  of  99, 
which  was  afterwardssiipplcmcutcd  and  perfected, 
that  it  was  made  under  that  agreement,  and  that 
when  he  went  to  Europe,  lie  left  the  power  to  exe¬ 
cute  his  agreement  with  his  attorney,  in  fact,  so 
that  the  relation  subsisted  from  the  beginning  to 
the  end  even  in  his  absence;  ami  that  the  eight 
things  mentioned  here  were,  among  others,  case  II, 
which  is  the  direct  predecessor  of  99.  Tile  improve-  9 18 
incuts,  while  ho  was  in  the  employ  of  the  Western 
Union  Telegraph  Company,  resulted  in  that. 

The  Court. — I  will  take  it.  in  order  to  see  what 
bearing  it  may  have. 

Exception  taken  by  Mr.  Wheeler. 

Q.  In  these  eight  duplex  telegraph  patents  men¬ 
tioned  here,  case  H,  was  one  of  them  ! 

Objected  to  on  the  ground  that  the 
Court  had  already  said  that  he  did  not 
think  the  answer  was  material,  but  as  it  949 
was  answered  before  the  objection  was 
made,  he  would  not  strike  it  out. 

Mr.  Dickerson. — We  linvo  shown  that  case  U, 
was  tho  first  application  of  that  contreplex. 

The  Court.— It  seems  to  1110  that  that  hears  on 
the  question  ns  to  tho  time  when  99,  assumed  form 
and  shape  in  the  mind  of  tho  witness. 

[Exception  taken  by  Mr.  Wheeler.] 


^ pniii 


ifrup  fWtCCJ  dGJ  K/fr  (Jjffc  joi 

iuuv  (Hu^  0<sA\idj  i  ^  (&*<)  ciuMUv>A 

"to  UVL,"Tw)»u^\--  Yes,  sir.  J 

df^Aur^J^  Ha9^'  -A-bout- tlmt  time  you  wore  going  to  Europe  ? 

Ufe^jht,  q  A|ld  yuu  ]eft  that  power  with  Mr.  Miller, 
r^-  your  agent,  in  your  absence  2  A.  Yes,  sir. 

Q.  Tlmt  was  the  intent,  of  the  paper :  look  at  the 
050  paper  I  now  show  yon  which  lias  no  date  upon  it, 
is  it  your  handwriting  ?  A.  Yes,  sir. 

Q.  Can  you  lix  any  date  for  that  1  No,  sir. 

The  paper  wasinarked  Exhibit.  13. 

Q.  I  ask  your  attention  to  this  “i  have  tried  to  date 
with  make-shift  instrument  seven  duplex  between 
New  York  and  Boston  ;  six  of  them  worked  charm¬ 
ingly  :  tho  seventh  was  n  satisfactory  failure,  I 
have  fifteen  more  to  try ’’can  you  front  Mint  asso¬ 
ciation  of  facts,  slated  there,  approximate-  to  tho 
time  when  that  was  written  ? 

A.  Near  the  date  of  the  paper  mentioning  the 
901  taking  of  8  or  10  applications  to  Mann  &  Go.  de¬ 
ferring  to  Exliibit  11. 

The  Court..— XV as  it  before  or  after  ? 

A.  I  couldn’t  tell. 

Q.  Yon  were  asked  about  what  you  did  when 
you  came  back  from  Europe ;  did  you  not  then 
have  tho  command  of  the  instruments  of  the 
Western  Union  Telegraph  Company,  for  the  pur¬ 
pose  of  going  on  with  your  experiments,  after  you 
had  returned  from  Europe,  in  about  June— what 
month  did  you  return? 

96o  A.  About  .1  line,  1873 ;  you  did  not  give  any  date ; 
of  course,  I  have  since. 

Q.  I  want  to  call  your.'  memory  to  tile  timo  so 
Hint  you  can  fix  it;  you  have,  since  you  came  from 
Europe,  had' the  command  of  the  instruments  and 
Hie  work  shop  of  the  Western  Union  Telegraph 
Company,  to  make  these  things ;  have  you  not? 

A..:  Yes,,  sir. 

Ur.  Wheeler.  Do  you  mean  all  the  time? 


The  Court.— Wo  will  come  to  that. 

Q.  About  when  was  it  after  your  return  from 
Europe,  that  you  had  the  command  of  tho  instru¬ 
ments,  the  wires,  and  facilities  or  the  Western  -i 

Union  Telegraph  Company,  to  go  on  with  your  ex-  *  L,  OtW3  e  1 
pertinents?  A.  About  the  middle  of  187-1,  T  think. 

Q.  Did  you  not,  in  the  middle  of  1873,  have  some  ,  aa  /  / 

duplex  instruments  made  at  the  Western  JUnien 
Telegraph  Company’s  workshop  through  Mr. 

Miller?  <!«-(  f^"' 

A.  Perhaps  I  might  have  had  a  small  alteration  S'  1^', 

ill  muno  inuh-im.oiit  Xc  fUicck^  Lx 


Hiller  ?  n  fej 

A.  Perhaps  I  might  have  had  a  small  alteration  S'  1^', 
in  some  instrument.  ^  ^ 

Q.  Bid  you  not  have  some  made  there?  Don’t 
yon  remember  ? 

A.  I  think  not;  not  made  outright. 

Q.  But  they  did  work  for  you  on  duplex  instru¬ 
ments  Tor  the  purpose  of  these  experiments,  in 
1873?  . 

A.  Mr.  Miller  procured  some  alterations  there.  954 
Q.  In  the  Western  Union  Telegraph  Company's  HflXf 
shop?  A.  Yes,  sir. 

Q.  Not  at  your  expense  ?  A.  No,  sir.  jH W 

Q.  They  did  for  you  all  you  asked,  did  thev  flff 
not?  A.  I  didn’t  ask  them.  «f 

Q.  They  did  all  you  asked  them  ?  w 

A.  I  didn’t  ask  them;  Mr.  Miiler  asked  them.  W 
Q.  Bid  3-ou  ask  them  for  anything  more  than 
j-on  got  ?  A.  Ask  whom  ? 

Q.  Tlie  Western  Union  Telegraph  Company,  in 
the  course  of  thoso  experiments  ? 

The  Court.— Wo  says  lie  did  not  ask  them  for  055 
anything. 

The  Witness. — I  meant  the  shop. 

Q.  Now,  sir,  in  the  winter  of  1878-4,  or  in  tiie 
spring  of  1874,  there  was  some/cessntion  by  you  of 
your  experiments,  was  there  not?  A.  Yes',  sir.. 

*  -ty'arv-'flc 


f  ■  ~  . 1  : 


207 


Q.  Anti  then,  did  you  not  write  a  letter,  which  I 
now  hand  you  for  identification  ? 

A.  Yes,  sir;  I  did. 


.  i  -  vpsjL/  identification,  dofi 

<YrtvJ(  iavVW  .„&£/)• 

""  Lt  UaXirr*'  After  tlmt  letter,  did  you  not  go  to  tho  AVcst- 

U"  'll  invom  Union  Telegraph  Company's  oflicc,  in  associu- 
flJyOff'  ltion'  with  Mr.  Prescott,  and  proceed  \  '  ' 

V  work?  A.  Yes,  sir. 


Q.  Mr.  Prescott  co-operating  with  yoi 

Q.  That  oiler  led  uji  to  the  con  tract  of  August 
19th,  1874,  between  you  and  Prescott. 

(Referring  to  Exhibit  F,  attached  to  the  com¬ 
plaint.] 


[The  contract  was  read  in  evidence. 
Adjourned  until  Monday  next.] 

7-x .  ewW  TLX  CO&.  ie^plULuW 

|  rvu^f  C^vc fa  Ua*  QWaJ  Cuu  o/ 

<VTU^>  ,  1U*J  Kslr*A(  \kjJ/  >Ka>V 


Oubouri  U*  Of 

'  La  ,  '  ^  AjflfSMMAXjUuj/ 

oJma.  .'sa  uJ)^  oVtTjY 


New  York,'  April  30,  1877. 

Thomas  A.  Edison,  cross-examination  resumed  : 

Q.  That  letter,  which  we  allowed  you  Friday, 
to  Mr.  Prescott,  was  dated  May  19th,  1874,  and  the 
contract  with  Mr.  Edison,  which  we  put  in,  was 
dated  August,  1874,  so  that  there  was  an  inter-  959 
val  of  three  months  between  that  letter  and  that 
contract.  Now,  I  wish  to  ask  you  whether  you 
did  not  follow  tip  that  letter  to  Mr.  Prescott,  by 
going  to  see  him  very  soon  after  it  was  written, 
in  response  to  word  sent  by  him  inviting  you  ? 

'  A.  Yes,  sir. 

Q.  And  then  I  ask  you  whether  you  did  not, 
in  your  own  handwriting,  under  the  date  of  June 
21st,  1874,  draw  a  draft  of  the  agreement,  substan¬ 
tially,  that  afterwards  was  executed  ;  I  show  you 
the  paper  merely  to  refresh  your  memory  about  it  ? 

A.  Yes,  sir. 

Q.  Then  do  you  remember  why  it  was  that  your  gfi0 
contract  was  not  executed  by  Mr.  Prescott,  as  you 
offered  it  in  June,  and  how  it  waited  until  August 
lieforo  it  became  executed  t 

A.  I  think  there  was  a  contract  made  in  July, 
but  was  withdrawn,  and  the  August  contract  sub¬ 
stituted  instead. 

Q.  With  Mr.  Prescott  ? 

A.  Yes,  sir.  • 

Q.  Don’t  you  remember  Mr.  Prescott  was  wait¬ 
ing,  in  order  to  get  the  permission  of  liis  company 
to  maUo  that  agreement  with  you,  also  Mr.  Orton 
boing  absent?  A.  Perhaps  lie  was. 

Q.  Do  you  remember  that?  901 

A,  No,  sir. 

Q.  Now,  after  you  wrote  that  letter,  and  saw  Mr. 
Prescott  early  in  June,  then  you  began  in  the  AVest- 
ern  Union  Company’s  ollice,  to  use  their  means  for 

the  purposes  of  these  experiments, didyou  not.  After 

your  letter  in  May,  mid  before  your  August  con¬ 
tract,  you  began  to  use  the  AVestern  Union  Com- 


mmm 


pnny’s  facilities  for  innkiiig  your  models  and 
experiments? 

A.  Sir.  Prescott’s  facilities. 

Q.  In  the  Western  Union  Telegraph  Company's 
oflico  ?  A.  Yes,  sir. 

Q.  For  the  purpose  of  fixing  what  you  started 
with.  I  am  going  to  ask  you  about  the  contents  of 
■  this  Exhibit  !) — the  book  of  drawings  which  Sir. 
Prescott  brought  to  Sir.  Orton  in  the  beginning. 
-Now,  this  list  from  this  book  of  drawings,  docs  not 
contain  f)0  anywhere,  does  it,  (these  17  drawings)  i 

A.  Not  exactly. 

A.  It  does  contain  the  foundation  of  ease  II, 
which  is  No.  10,  does  it  not? 

A.  Yes,  sir. 

Q.  That,  is  the  foundation  of  case  II  ? 


A.  Yes 


Q.  That  is  the  neiuest,  that  comes  to  01)  in  this 
paper?  A.  Yes,  sir. 

Q.  That  has  a  duplex  from  opposite  ends,  case 
II  ?  A.  Yes,  sir. 

Q.  Now,  this  contains,  however,  one  sketch  of  a 
duplex  from  one  end,  does  it  not,  in  place  of  from 
opposite  ends— a  suggestion  or  two  from  one  end  ? 
[No.  14.]  A.  Yes,  sir. 

Q.  That  is  the  only  sketch  in  that  paper  which 
is  duplex  from  one  end,  in  this  list,  is  it  not? 

A.  Yes,  sir. 

Q.  And  being  duplex  from  o 
of  qnndruplox,  of  course. 

A.  Yes,  sir. 

Q.  Was  that  well  known  ? 

A.  Yes,  sir. 

Q.  And  therefore,  you  wrote  on  this  sketch  these 
words,  “ four-plex— why  not?”  that  is  vour  sag- 
964  gestion  ?  A.  Yes. 

,  Q-  I'lm  t  four-plex  is  not  upon  the  plan  contained 
m  case  H,  so  far  as  the  combination  of  the  reversal 
and  quantities  is  concerned,  is  it? 

A.  No,  sir. 

Q.  Now,  I  am  coming  down  closer  to  the  time 


le  end,  it  is  capable 


when  the  duplex  90  was  produced,  and  I  ask  you  to  j 

look  at  these  three  papers  which  I  show  you,  and  uu>fyl 

tsr'”" . 


’mi 


Oti- 


..  Yes, 

Q.  These  were  sent  to  Mr.  Miller,  wore  they  not 
— your  agent  ? 

A.  I  believe  so. 

Q.  These  are  both  addressed  to  Mr.  Miller  ?_  t 

A.  Yes,  sir.  yu.,  w.rt 


ta  u 

[Defendant’s  counsel  reads  paper 
marked  Exhibit  15  and  15  A ;  also  reads 
paper  marked  Exhibit  10J4  K rktM. 

i|73-  s  / 

Q.  Now,  can  you  approximate  the  date  of  these 
papers  when  you  sent  them— about  the  time  you 
wrote  them  ?  A.  No,  sir.  .&*«&  • 

Q.  Sometime  between  the  time  that  yoi 
.that  letter  to  Mr.  Prescott  in  April,  anil  the  t 
Avhen  you  made  that  contract  in  August,  was 
A.  Do  you  mean  1874?  . 

Q.  Yes.  A.  I  cannot  say. 

Q.  Then  I  ask  your  attention  to  another  paper  ; 
please  look  at  it  ;*it.  is  your  handwriting,  I  believe  ? 

A.  Yes. 


is  it  not  ? 


[Defendant’s  counsel  reads  paper 
marked  ExliibitT7.] 


Q.  This  was  the  outfit  for  99  ? 

A.  Yes,  sir  :  in  part. 

Q.  And  this  contains  the  back  point  arrange¬ 
ment?  A.  Yes,  sir. 

Q.  Tlie  back  point  arrangement  for  making  the 
bug  trap?  A.  Yes,  sir.  f 

Q.  That  term  is  used  in  this  way,  unless  you 
can  prevent  the  effect  of  reversal ;  there  would  be 
made  a  false  signal,  and  they  cull  that  a  “bug,” 
for  short,  and  what  prevents  it  is  called  a  “  bug 
trap?”  A.  Yes,  sir. 

Q.  Here  I  will  ask  you  to  assent  to  what  I  say, 


or  disagree  from  it,  as  you  seo  lit.  This  arrange- 
ment.  moans  this,  (loos  it  not,  liamoly:  That 
when  the  armature,  that  is  worked  by  the  neutral 
relay,  is  at  rest,  the  circuit  is  made  through  the 
point  on  which  the  armature  is  resting — not  the  main 
circuit,  hut  the  local  circuit  is  made  through  the 
back  point,  for  the  purpose  of  preventing  another 
local  battery  from  operating  the  local  sounder ? 

A.  You  mean  the  relay  is  opened. 

Q.  I  say,  “at  rest” — when  the  machine  is  not. 
working  ?  A.  Yes,  sir. 


Q.  The  back  point  is  the  same  as  Mr.  IT 
expressed  by  “back  contlfciif  !”  A.  Yes 


Q.  Look  at  these  drawings  ;  now  looking  at  draw¬ 
ing  00,  and  at  the  upper  relay  on  the  left  hand  side 
of  the  drawing  when  the  machine  is  out  of  net-ion  ; 
when  an  armatue  lever  on  that  upper  relay  is  press¬ 
ing  against  the  back  contact,  or  back  point,  it  is 
held  there  by  the  retractile  force  of  the  spring  ! 

A.  Yes,  sir. 

Q.  And  by  reason  of  that  circumsluncu  there  is  a 
bel  ter  circuit  maintained  around  that  little  square 
circuit  shown  there,  through  the  local  sounder 
relay  marked  let  ter  “  A  ?  ”  A.  Yes. 

Q.  And  as  a  consequence  that  circuit  is  all  the 
time  in  action ;  that  local  circuit  is  in  action  so 
long  as  that  condition  remains  ?  A.  Yes,  sir. 

Q.  Then  theru  is  another  battery  in  that  little 
small  rectangular  circuit  marked  “  U”  below  the 
local  sounder?  ’A.  .Yes,  sir. 

Q.  Which  battery  is  throwing  a  current  through 
the  sounder  relay  in  opposition  to  the  current 
thrown  by  the  battery  “  Y?”  A.  Yes,  sir. 

Q.  Anil  as  a  consequence  lliero  is  no  magnetism 
generated  in  the  local  relay  1  A.  No,  sir. 


Q.  And  therefore  its  armature  stands  away  from 
the  magnet  ?  A.  Yes,  sir. 

Q.  Thus,  when  the  main  lino  circuit  is  brought 
to  bear  on  this  relay  “S,”  the  upper  relay,  it  at¬ 
tracts  the  armature  so  as  to  break  the  local  circuit 
that  goes  through  the  local  battery  “V!” 

A.  Yes. 

Q.  And  as  a  consequence  it  leaves  the  local  9 
battorv  unbalanced,  and  it  attracts  tile  armature  of 
the  sounder  and  makes  a  signal  ?  A.  Yes,  sir. 

Q.  That,  is  how  it  does  it  !  A.  Yes. 

Q.  And  why  that  is  useful  is  this— is  it  not— that 
when  the  current  on  the  main  lino  is  reversed 
through  the  relay  “O,  ”  then  there  is  a  moment  of 
no  magnetism !  A.  Yes, 

Q.  And  then  if  the  armature  at  that  time  had 
been  attracted  to  that  magnet,  it  is  let  go  for  a 
moment?  A.  Yes,  sir. 

Q,  And  Hies  back  towards  the  back  point? 

A.  Yes. 

Q.  And  if  it  touches  the  back  point,  it  closes  that  r 


Q.  But  this  local  sounderarmature  being  so  slou  in 
action  ;  if  that  contact  is  only  instantaneous,  it 
produces  no  effect  upon  the  sounder? 

A.  Yes,  sir. 

Q.  And  therefore  you  can  permit  that  circuit  to 
be  closed  without  mutilating  the  signal  ? 

A.  Yes,  sir. 

Q.  The  figure  2  on  this  drawing  is  the  same  tiling 
in  substance  ? 

A.  A  different  way  of  doing  the  same  thing.  1 

Q.  They  are  both  bug  traps?  A.  Yes,  sir. 

Q.  Theso  are  the  two  bug  traps  for  the  purpose 
of  enabling  you  to  use  the  single  relay  on  case  1)1), 
in  place  of  tile  double  relay  as  in  case  II 1 

A.  Yes,  sir. 

Q.  And  the  piper  t  have  shown  you  indicates 


that  arrangement,  does  it  not;  that  Img  trap 
arrangement?  A.  Yes,  sir. 

Q.  Now,  can  yon  fix  the  date  ot.  that  paper 
[Exhibit  17]  it  has  tile  shop  endorsement  for  the 
work  done  upon  it!  A.  That  is  about  the  dale. 

Q.  The  date  of  that  endorsement  is  June  10th, 
1S74  ;  that  is  the  first  time  that  that  apparatus  was 

4  constructed,  is  it  not?  A.  No,  sir. 

Q.  Was  it  liver  constructed  in  '  the  Western 
Union  before?  A.  Hot  at  Western  Union. 

Q.  Was  it  constructed  by  von  ? 

A.  T  believe  so. 

Q.  Where?  A.  In  Newark. 

Q.  When  by  yon  ? 

A.  I  think  I  exhibited  the  apparatus  at  Newark, 
in  187H. 

Q.  At  what  time — was  it  the  time  that  Mr.  Eckert, 
came  there  ?  A.  Yes.  • 

Q.  When— in  the  winter,  of  1873-4? 

A.  I  think  so. 

5  Q.  Snow  was  upon  the  ground  ! 

A.  I  am  not  sure  about  the  snow  ;  I  gave  the  date 
in  my  afliila  t  i  t  h  n  it  that  time,  I  ramem- 

Q.  Do  you  remember  now.  that  it  was  in  the 
winter  of  1878-4? 

A.  Sometime  in  the  latter  part  of  1873. 

Q.  And  (lie  apparatus  you  then  had  over  there 
was  the  same  that  Mr.  Miller  got  for  you  from  tlui 
Western  Union  shop  ? 

A.  Some  parts  of  it  were ;  the  paper  you  showed 
me  there  refers  to  it— polarized  relays.  * 

Q.  You  got  it  from  the  Western  Union  under  the 
order,  in  Exhibit  1C  ?  A.  Yes. 

,  .  Q-  These  gentlemen  that  came  to  see  you  then, 

1  wore,  they  employees  or  officers  in  the  Western 
Union  Telegraph  Company  ? 

A.  Three  of  them  were. 

Q.  The  gentlemen  to  whom  you  exhibited,  Mr. 
Eckert,  Mr.  Chandler  and  Mr.' Brown  ?  A.  Yes. 


Q.  They  were  officers,  all  of  them,  in  Western 
Union  ?  A.  Yes,  sir. 

Q.  And  they  canto  over  there  to  see  how  you 
were  getting  on  with  that  tiling  ?  A.  No,  sir. 

,  Q.  What  did  they  come  for 2 

A.  To  see  automatic. 

Q.  And  then  you  showed  them  this?  A.  Yes. 

Q.  At  the  same  time  you  were-  working  automa¬ 
tic  ?  A.  Yes. 

Q.  During  that  time  you  say  in  that  shop,  when 
you  wore  doing  that  work  in  your  shop,  was  that 
the  shop  set  up  by  you  mid  Harrington,  under  the 
contract  of  October,  1870,  or  another  shop  ? 

A.  Another  shop. 

Q.  That  first  shop  had  burst  up  ? 

A.  It  was  carried  on  by  other  parties. 

Q.  And  the  shop  had  ceased  to  be  the  shop  of 
Harrington  &  Edison  ?  A.  Yes,  sir. 

Q.  You  and  Harrington  had  gone  out  of  it? 

A.  Yes,  sir. 

Q.  And  had  ceased  since  1871  sometime? 

A.  In  1872, 1  think. 

Q.  And  you  had  sold  the  machinery  out  of  it 
yourself,  or  used  it  ! 

A.  No  ;  it  still  continued  to  be  used  by  the  Au- ; 
tomntic  Telegraph  Company,  but  I  had  nothing  ' 
more  to  do  witli  it. 

Q.  And  this  was  your  own  shop  which  you  were 
running  by  yourselves  ?  A.  Yes,  sir. 

Q.  And  you  were  employed  at  that  time  in  manu¬ 
facturing  and  inventing  for  the  Cold  and  Stock 
Company,  also ?  A.  Yes,  sir. 

Q.  The  Gold  and  Stock  Company  is  a  telegraph 
company,  subordinate  to  the  Western  Union  Com¬ 
pany  in  their  establishment  ?  A.  It  is  now. 

Q.  Was  it  then?  A.  Perhaps  it  was. 

Q.  And  at  the  time  that  you  wore  making  these 
experiments  under  the  contract  with  Mr.  Orton, 
for  the  Western  Union  Company,  you  were  doing 
a  very  large  amount  of  work  for  the  Gold  and  Stock 
Company?  A.  Yes,  sir. 


Q.  Say  $1(30, 000  worth  right  along  there? 

A.  Yus,  sir. 

Q.  You  wore  gutting  $150,01)0  of  work  from  that 
company  then  1 

A.  Perhaps  I  did  that  much  in  the  aggregate. 

Q.  Thu  capital  with  which  you  wont  in  under  the 
.  contract  of  October,  :IS7<),  with  Harrington,  that 
had  till  boon  lost  and  disstppuared  tit,  that  time  i 

A.  - 1  don't  undurstaml  your  question  ;  the  capital 
was  iu  machinery,  ant^  the  machinery  still  exists. 

Q.  But  it  had  disappeared  as  the  property  of  the 
partnership  i  A.  It  has  now. 

Q.  It  had  then  disappeared  as  the  property  of 
the  partnership  t  A.  At  what  time  ! 

Q.  In  1873-4,  when  these  things  were  being  made 
by  you  iu  tlie  shop  ? 

A.  Some  people  claim  that  the  partnership  still 
existed.  . 

Q.  I  don’t  ask  about  tiie  partnership,  but  about 
I  the  property  ? 

Mr.  Wheeler. — Has  not  this  line  of  cross-ex¬ 
amination  been  carried  about  as  far  as  it  can  be 
properly  on  this  branch  (  \Ve  asked  the  witness 
nothing  about  the  relations  with  Harrington  ;  it  is 
rn  entirely  new  subject.  I  do  not  think  it  ought  to 
be  introduced  by  leading  questions.  I  think  it  is 
better  that  they  should  interpose  this  defense  after¬ 
wards  ;  we  do  not  know  what  their  defense  is  upon 
that ;  it  is  an  aflirimitive  defense.  Everything  that 
litis  relation  to  Mr.  Harrington  is  defensive  matter; 
your  Honor  has  allowed  that  cross-examination  ton 
considerable  extent  as  to  what  the  witness  received. 

t  ■^'e^erx0n' — I  »Ihn'  it  in  this  connection,  and 

I  think  your  Honor  will  see  in  a  moment  that  it  is 
perfectly  relevant  and  pertinent  here  as  cross-ex¬ 
amination.  They  go  on  in  this  complaint,  andallege 
that  Mr.  Edison  got  no  help  Troiii  the  Western 
union,  but  that  lie  was  doing  this  business  iu  the 
concern  of  the  partnership  with  Harrington,  and 


that  really  the  whole  product  and  invention  was 
made  by  him  in  his  employment  by  Harrington, 
and  with  the  capital,  tools  and  machinery,  and 
what  not  of  that  partnership. 

1  he  Court. — AVliere  is  that  1 

Mr.  Dickerson .  — Y our  honor  will  find  it  on  the  983 
4th,  fitli,  0th,  and  lOtli  paragraphs.  Then  they 
go  on  to  the  14th  and  allege  in  substance,  that 
they  did  not  get  anything ;  but  that  Edison, 
on  the  contrary,  was  being  imposed  upon  and 
cheated  by  the  Western  Union,  and  by  Prescott, 
all  the  way  through,  who  violated  whatever 
understanding  they  did  have  upon  the  subject; 
and  in  order  to  support  these  allegations,  they 
called  Mr.  Edison,  and  asked  him  this  class  of 
questions,  done  with  so  much  caution  and  care,  to 
show  that  ho  had  not  substantially  got  anything 
from  the  company ;  had  not  got  any  money  or  help, 
and  was  only  making  this  tiling  for  his  own  nc- 
count  generally.  Now,  1  ask  the  witness  the  ques¬ 
tion,  whether  in  the  first  place  these  things  he  did 
were  done  by  him  when  he  had  a  business  going  on 
at  all  with  Harrington,  and  I  think  it  is  competent  j 
on  the  cross-examination  of  the  formidable  direct  J 
examination  of  brother  Russell.  I 


Mr.  Wheeler.— Your  honor  will  remember  that 
we  asked  him  but  two  questions — whether  he  re¬ 
ceived  any  pecuniary  assistance  from  Air.  Orton 
and  the  Western  Union  Telegraph  Company,  prior 
to  July,  1874,  to  enable  him  to  make  inventions  in  • 
duplex  telegraphy,  and  it  so  what  such  assistance 
was.  They  have*  exhausted  that ;  they  have  been 
through  it  a  great  length  of  time ;  now  they  are 
proposing  to  ask  him  what  ho  got  from  Harrington. 
That  certainly  is  now  matter;  it  does  not  relate  to 
Western  Union;  it  is  matter  of.  affirmative  de- 


The  Covrl. — It  is  competent  to  know  whether  lie 
got  from  anyone  else  any  assistance,  so  as  to  show 
whether  the  whole  was  derived  from  Western 
Union. 

Mr.  Wheeler. — One  reason  of  my  objection  is 
that  we  have  had  no  opening  from  them  on  the 
986  subject. 


Q.  Now,  beginning  nt  that  date,  February,  1878, 
and  running  along  during  these  experiments  from 
the  beginning  to  the  end  of  them,  wore  these  ex 
periments  done  with  the  tools,  machinery  facilities 
or  capital  that  ever  existed  in  the  partnership  be¬ 
tween  yon  and  Harrington,  under  the  date  of  Oc¬ 
tober  1st,  1870 2 

Objected  to;  admitted;  and  an  excop- 


^ Objection  overruled:  and  an  excep- 

The  Court. — Of  course  I  shall  modify  that  ruling 
!7  by  saying  that  it  refers  simply  to  matters  which 
are  within  the  scope  of  cross-examination.  If  it  is 
offered  as  an  affirmative  defense,  my  ruling  will  be 
different  and  will  require  him  to  withdrew  sncli 
question. 

Mr.  Wheeler.— I  understand  your  Honor  that  it 
is  simply  a  difference  of  view  as  to  whether  it  is  a 
cross-examination. 

The  Court.  I  think  it  comes  within  cross-exnmi- 
nntion  now.  ■  ' 

Plaintiff  excepts. 

Q.  That  letter  of  Mr.  Orton’s  to  yon  ill  Feb¬ 
ruary,  1873,  resulted  from  your  application  to  him 
to  go  into  that  business  with  him  ;  yon  made  the 
application  2  A.  Yes,  sir. 

Q.  You  were  the  applicant  for  employment  2 

A.  Yes. 

Q.  And  not  he  to  you  2  A.  No. 


A.  No,  sir. 

Q.  You  have  said  that  you  left  that  shop  that 
was  established  under  the  contract,  sometime  in 
1872  2  A.  Yes. 

Q.  Now,  wliat  was  done  with  the  machinery, 
tools,  and  property  there  2 
A.  It  was  carried  on  afterwards. 


The  Court.— He  said  that  he  ceased  to  have  any 


Objection  overruled ;  and  an  excep- 


'Ihe  Witness. — It  stayed  there  for  several  years. 

Q.  You  state  you  quit  that  shop  in  1872  2 
A.  I  left  there  myself. 

Q.  Did  you  not  quit  the  business  of  that  shop  2 
A.  I  quit  having  any  tiling  to  do  with  it. 

Q.  Now,  this  paper  is  your  report  to  Mr.  Pres¬ 
cott,  is  it  not  2  A.  Yes,  sir. 

Q.  Made  at  the  time  it  bears  date  2  A.  Yes. 

Defendant’s  counsel  reads  in  evidence, 
paper  marked  Exhibit  18,  dated  Sept. 
80th,  1874. 

Q.  Bofore  the  date  of  this  paper,  Sept.  80th,  you 
had  been  running  this  instrument  00  experiment- 


278 


270 


ICxu.  UxjC  “Hy.  with  operators  working  extra  liours  ami 
nights,  in  order  to  carry  it  to  a  working  condition, 
.1 'jx  h^if 5,1  rtle  Western  Union ? 

,Mg-lwr  ■  A.  yes  :  on  looped  circuits. 

Q.  That  moans  taking  the  outgoing  wire  and  con¬ 
necting  it  at  the  end,  and  bringing  that  back,  and 
UU2  having  botli  ends  in  the  office?  A.  Yes,  sir. 

Q.  And  you  were  running  it  nights  and  over¬ 
time,  at  the  cost  of  the  Western  Union  Company, 
to  get  this  thing  working  before  Sept.  30  ? 

A.  I  believe  at  the  cost  of  Western  Union. 

Q.  Not  at  your  cost? 

A.  No ;  at  Mr.  Prescott’s  or  the  Western  Union. 

Q.  And  on  this  Sept.  30th  report,  there  was  a 
line  put  up  to  work  at  Boston  ? 

A.  It  was  instruments  put  upi. 

Q.  Prom  that  day  to  this,  so  far  as  you  know, 
that  line  that  you  put  up  then,  lias  been  running 
to  Boston  ?  A.  So  far  as  I  know. 
nn.>  Q.  It  was  running  when  vou  quit  the  Western 
Union?  A.  Yes. 

Q.  Went  right  to  work  and  continued  in  the  busi¬ 
ness?  A.  Yes,  I  believe  so. 

Q.  That  was  done  by  your  consent  i 

A.  Those  instruments  were. 

Q.  Those  instruments  were  put  in  by  your  con¬ 
sent?  A.  Yes,  that  set. 

Q.  And  continued  to  lie  used  for  business  by 
your  consent  ? 

A.  I  gave  no  special  consent  about  it. 

Q.  You  put  up  these  six,  and  never  objected  to 
their  being  used  for  business  ? 

A.  I  put  them  up  and  left  them  there,  and  said 
094  nothing  about  them.. 

Q.  Prom  that  time  to  this  ?  A.  No,  sir. 

Q,  You  sent  back  this  sketch,  which  I  now  show 
you  (Exhibit  19),  along  with  this  paper  (Exhibit 
20),  did  you  not  ?  A.  I  believe  I  did. 

Q.  Are  these  both  in  your  handwriting  ? 


Q.  The  word  “  biz  ”  means  business,  I  suppose  1 

A.  Yes. 

Defendant’s  counsel  reads  Exhibit,  19. 

9! 

Q.  This  referred  to  in  10,  was  an  instrument  or¬ 
dered  to  bo  used  2  A.  To  be  made. 

Q.  To  bo  used  for  this  purpose '( 

A.  It  was  to  be  used  for  this  purpose;  I  don’t 
know  whether  I  used  it  or  not. 

Q.  You  ordered  it  to  be  made?  A.  Yes. 

Q.  It  was  made  ?  A.  I  believe  so. 

Q.  Now,  sir ;  after  that,  you  started  the  Chicago 
line  with  this  apparatus,  did  you  not? 

A.  After  which. 

Q.  After  September  30th,  1874,  after  the  Boston  1 

A.  Yes ;  after  the  Boston  line. 

Q.  Then  you  developed  the  difficulties  of  static 
discharge? 

A.  They  developed  themselves  very  strongly. 

q.  Trying  to  go  to  Chicago  developed  the  diffi¬ 
culties  of  static  discharge  1  A.  Yes,  sir. 

Q.  Then  other  inventions  had  to  be  made  in  order 
to  neutralize  the  static  discharge,  in  its  effect  upon 
this  qundruplex  arrangement?  A.  Yes,  sir.. 

Q1  And  that  involved  a  great  deal  of  difficulty, 
and  time  to  overcome  these  troubles  ? 

A.  Yes ;  some  time  and  difficulty. 

Q.  And  a  great  deal  of  money  was  spent  on  it  ? 

A.  A  great  deal  of  time. 

Q.  And  experiments  and  apparatus?  A.  \ea.  , 

Q.  Before  it  could  be  made  operative,  practically 
to  Chicago?  A.  Yes,  sir. 

Q.  Now,  sir;  your  applications  in  the  Patent  ur- 
fico  referred  to  in  the  former  letters  we  have  seen, 
for  case  II,  and  the  class  of  lettered  cases,  being  in 
the  office,  case  H,  was  rejected  in  the  Patent  Office 
by  the  examiner,  was  it  not  ? 

A.  I  don’t  remember. 


./ 


iSiS 


[Mr.  Dickerson  moves  to  strike  out  the 
answer  ot  tile  witness:  “That  money 
was  not  given  on  account,”  ns  not  re¬ 
sponsive.  Stricken  out.] 

Q.  I  make  a  little  digression  here,  for  the  pur¬ 


pose  of  refreshing  yi 


recollect  ion  ;  I 


lUtli  ot  Dec. 


date  of 


Mr:  Wheeler. — If  it  was  by  letter,  the  original  is 


Q.  The  patent  had  not  been  issued  at  that  time  l 
A.  Wlmt  time. 

Q.  September  30th,  1S74,  or  in  1874  at  all  ? 

A.  I  think  not. 

ggg  Q.  There  was  no  patent  issued,  or  allowed  to  he 
issued,  for  case  IT  in  1874,  was  there? 

•  A.  I  think  not. 

Q.  Now,  sir,  on  Sept.  II)  til,  1874,  there  not  yet 
being  any  patent  for  ease  II,  or  for  Ot),  you  applied 
to  Mr.  Orton  for  a  sum  of  money,  on  account  of  an 
agreement  between  yon,  under  the  supposition 
that  there  would  be  a  patent  some  time  or  other? 

A.  Money  on  account  of  an  agreement  which  it 
was  supposed  would  be  made. 

Q.  No;  money  on  account  of  an  agreement  which 
you  made  with  him  in  February,  1873,  that,  you 
would  go  on  and  do  these  things— get  this  patent, 
and  the  Western  Union  Company  should  own  it 
999  fora  price  that  an  arbitrator  might  lix;  that  was 
the  agreement,  subsisting  then  ? 

A  That,  money  was  not  given  on  account. 

Q.  I  did  not  ask  about  (lie  money  ;  the  agree¬ 
ment,  of  February,  1873,  between  you  and  Mr.  Or¬ 
ton  was  never  revoked  at  that  time,  was  it  ? 

Mr.  Wheeler. — Is  not  that  a  question  of  law? 


rott  another  paper,  and  ask  you  if  this  is  >° 

Im  ml  writing?  A.  The  lirst  sheet  is. 

endorsement.  ?  A.  Yes,  sit .  yes,  sir. 

Q.  Is  that  Mr.  Orton  s  signal uic  ?  y 
Q.  .1.  M.  Phelps  is  the  machinist  of  the  \M.st  1Q01 
era  Union  Company  ?  A.  Yes,  sir.  , 

Q.  And  manufactures  their  instruments  . 

■’tz rsESt*-*  w 

A.  No,  sir;  three  complete  sets.  cmnplotc 

Q.  You  mean  by  three  sets, 

"'*»•  >»  "»kl"s 

Si'you  .»..»«  10°:‘ 

when  you  got  the  order? 

A.  I  intended  it;  yes,  8  r.  py  them. 

Q.  By  tliem-not  by yo«  !  £  fo,,  x  nsk  you 
%  Now  that  was  dated  Octoto  nt  the 


dated  17th  of  Dec.,  1874,  and  also  the  check,  dated 
10t.li  of  Dec.  1874;  that  is  your  endorsment  ? 

\A.  Yes,  sir. 

■h,  tlD  imi  Q.  Then  I  ask  you  whether  this  Exhibit  22  is  tlm 
iw.juweceipt  you  gave  to  Mr.  Orton  Dee.  10th,  1874,  for 

UUtc4  u^4(l<er,,000?  A.  That  is  the  receipt. 

L.'(,  Q-  And  you  received  from  Mr.  Orton  the  85,000 

A' 

[Defendant’s  eiumsel  reads  in  evidence 
!  0  paper  marked  Exhibit  22.] 

Q,  Now,  tlie  inventions  spoken  of  there  are  the 
inventions  for  which  the  pending  applications  were 
in  the  Patent  Office,  including  09  and  case  U,  what¬ 
ever  there  was  there  pending  in  the  office? 

„  t  A.  Yes,  sir. 

ovU^ZT..o.ix>-^Jiuaatijr  Q.  Now  sir,  on  the  17th  of  Dec.  there  was  this 
lt_t th  fvw*,  it 'tiij ■  Lxcb  paper,  marked  Exhibit  23.  Did  you  solicit  that 
aj  rvuctte^a-f'  wcie^urder  yourself  from  Mr.  Orton  1  A.  Yes,  sir. 
WhAiAsYw ctionflQOn  q  jVnd  wrote  it  in  your  handwriting? 
fo^ol.  c-n>  \  _  Yes  sir. 

ft1 6  '^'Q.  For  the  purpose  of  getting  work  into  your 
„i101,  i„  New  Jersey  ? 

&  ,TA4  A.  That  was  one  of  the  purposes. 

(fcutuji ft  Q-  And  that  purpose  was  to  get  twenty  circuits 

lnning  011  Tnnilruplex?  A.  Yes,  sir. 
§u'f\j>uJ-Or™atfk<  Q.  Dy  the  Western  Union  ?  A.  Yes,  sir. 
y.0J/L  Q-  Not  by  you  ?  A.  No. 

'  \J  Q.  Before  these  things  were  done  under  that 

order,  that  order  of  Dec.  17tli  you  made  the 
acquaintance  of  Jay  Gould,  and  the  contract  of 
Jan.  4th  was  signed?  A.  Yes,  sir. 

100G  ^  And  then  you  quit  this  business?  A.  Yes. 

The  Court. — I  do  not  want  to  interfere  with  the 
conduct  of  the  case,  but  I  would  like  to  know  if 
any  other  85,000  was  paid  at  that  time,  except  this 
85,000  to  Mr.  Edison  i 

Q.  There  was  no  other-85, 000 'paid  to  you  by  the 
Western  Union?  A.  Tlmt  is  all  I  got.  t 


d&Ovu f 
"ti vnaA, 


:  1  A-cxjCX 


Q.  But  you  got  that?  A.  Yes. 

Q.  And  at  that  time?  A.  Yes. 

Q.  And  yon  gave  the  receipt  for  it,  and  ffiire  e 
order  Tor  these  instruments  in  connection 
business.  This  85,000  is  all  that  you  over  got  n< 

them  in  money  !  ,„vsent 

A.  I  do  not  know  of  anymore  ut  tin  j  •  u10- 

niomcnt.  ,  ^lu 

-  Q.  And  at  that  time  it  was  not  known 
Western  Union  or  to  you,  that  a  patent  was 
to  be  got  for  these  pending  applications  ( 

A.  Not  positively  known.  .  ,  , 

Q.  It  might  be  rejected  ?  A.  It  might  . 

Q.  Now,  look  at  this  little  document , 
your  handwriting  ?  A.  Yes,  sir. 

Q.  That  vou  gave  to  Mr.  Orton  ! 

»>"■-  o' . . 

. .  «* 

A.  More  probably  to  Mr.  1  ,  wasBneii- 

Q.  Do  you  remember  wl.at  quadiupl^ 
tioned  there  i  A.  I  think  tin-  Orton, 

Q.  Now,  sir,  was  not  the  report  to  Hu  ^ 
and  the  application  to  him  to  m 

"'a  la"“<  L>  .1«  «» I-'1  **“ 

vou  handed  me  the  paper  hist,  _  ^  was  nd. 

'j£JZZ  5f  SJ?.  SH-S*  **•**•"**' 

I  shoW^ou,?iina  thb  other  one,  these  are  both  in  1009 

your  handwriting?  A.  Yes,  su. 

LFirst  paper  marked  Exhibit  25,  and 
read  in  evidenced 

A.  Yes. 


y/stx-A/j  ujTni.  & 
ytfrjj.-  &<UuJay 


284 


Q.  This  lins  not  your  name  to  it,  but  it.  is  your 
writing?  A.  Yes;  sir. 

Q,  And  was  addressed  to  Mr.  Orton  ? 

A.  Yes,  sir. 

Q.  About  what  time  was  this  Exhibit  2a  written — 
was  it  about,  the  time  this  money  was  got  ? 

A.  About  that.  time. 

10.10 

ows^xa.0.  .tlwi  cA/oacUc^Defendant’s  counsel  offers  in  evidence 
8i,T-l  (AwAtttY  the  second  paper  Marked  Exhibit  201] 
ih-hxy)  ai  »■  wtuojUfvrb  [Mr.  Wheeler  objects  on  the  ground 
2.  InwwJ Efwhu»tliat  the  paper  is  not  signed  by  the 
JfouJhtMAj parties,  and  is  not.  admissible  tinder  the 
bi  (um)  ?xje3 vcrftiusre^i  statute  of  frauds,  and  does  not  contain 
fk  (lift,  hifi  jvrdf) *W.  W  sufficiently  the  terms  or  the  contract  to 
Oyvww  eV  trcu,  *-i»L  constitute  a  valid  memorandum  within 
Mffw  l  sJvfslfKy'v  statute,  j  ktt/^  Tmya,  trfy  l  (,,27 

.Sluv.lrtf'''  •  ft**™*—!*  Of  View  in  which  we 

,  ™L‘r  ",  it  is  of  no  consequence,  whether  it  would  be 
C'ttekaZ?  n  Mx*a  valid  sale  or  not ;  we  offer  it  as  part  of  the  res 
f/eslae  on  the  point,  whether  lie  had  any  relation 

Z/tijJa&v  nuxSktf  rvtWAC  fl/UW’fe-  i4j2o  toa— 

MjJTevo-'  JoMrt>  Q.  “  We”  means  who? 

Q&ToL  $  UttxxJLdU  ife  ml‘l  JIr-  Prescott. 

h^UAe  UtaJk  Kjl)  Q-  ^ou  ,mmlu<1  fhLs  paper  to  Mr.  Orton  ? 

■  Ji0^f  q.  The  patents  referred  to  here  are  tlm  patents 
tlwt expected  to  be  got;  no  patents  existing 
caito  llt  llle  t',ne !  A.  I  think  they  were  not  existing. 

Thesu  referred  to  expected  patents  ?  A.  Yes. 

K  IO.W7^JPO,9-  jVnd  "’"s  tho  ‘I'lplex  patent  for  which  the  up- 

flft*  b’ y“” ““  ™  <*• 

3  () fbuA^i^oJ^O  (Shepjp  iuajQ.  yhuofomAO 

4  dOUjUA,  <5  noAuvy-^'-.  P^crfer.— W^object  to  thfitns  on  tli«gronml  7 

10  u”  i-r  * 

9k  fcf-  OAML^j  txkxnsJr  onuMjuv  %aJca^sL  fr^ 

T1 


Mr.  D/cfrerxon..—' This  is  by  way  of  explanation. 

[Objection  overruled ;  exception.] 

Thu  Court. — 1  do  not  understand  that  there  is 
any  claim  founded  upon  that  as  a  contract.  / 

Mr.  Wheeler.— There  has  been  in  the  a|rccn!ont^-.^u/ 
and  no  doubt  will  be  again  in  the  summing  up. 

The  Court. — Its  effect  will  be  determined  here-  *' 
after. 

Mr.  Wheeler. — But  our  objection  is  that  it  is  not 
competent  to  enlarge  its  scope  by  the  present  evi- 

[Objeution  overruled  ;  exception.] 

A.  Yes. 

Q.  Before  you  made  that  proposition,  you  had 
made  another  one  in  wi  iting ,  had  you  not  ? 

A.  Yes.  *  >. 

Q.  The  Exhibit  now  marked  No.  27?  A.  Yes,  sir.  Va-.T 0. Gv~if 

witt^w  cfodc  &<c..l6<tllj.  U 

(Defendant’s  counsel  reads  in  evidence  101  ifcfc&c  qJre^JTciSaJt, 
paper  dated  Dec.  10,  1874.]  9  lthO>C  fu^w  tW^/  «MU. 

Anvj,  ‘-jhOwrtO  Zoo*,  ntofcjfe  cX/Av/ii, 

.  Q.  That  was  Mr.  Prescott’s  signature  to  that  dvfth  v  ^k<aM_2  nvtl^  VtrJePCU. 

Q.  You  and  Prescott  settled  that  offer,  and 
made  it  ?  A.  Yes. 

Q.  And  then  Exhibit  20,  unsigned,  and  that  wasj|^^ 
the  amcndnient  to  tho  first  one ,  was  it  not? 

Q.  Adding  to  the  first  one  this  difference  ?  W 

A.  The  first  one  was  not,  accepted. 

Q.  And  then  this  amended  one  was  put  in?  %jjo. 

A.  These  were  feel  ore,  tofind  out  what  he  would 
accept.  1°1G 

Q.  The  firet  one  was  Exhibit  27  ?  A.  Yes. 

Q.  Mr.'  Orton  did  not  accept  that,  and  then  you 
put  the  other  offer  in,  to  see  what  he  would  accept  ?  '  j 


-  -  r" m 


Q.  Have  you  got  Hint  lotter  of  acceptance  fron 
Mr.  Orton  to  you  2  A.  No,  sir. 

Q.  Have  you  made  any  smirch  for  it? 

A.  I  forgot  it. 

Q.  Do  you  know  where  it  is  2 
A.  Perhaps  I  can  (hid  it  among  my  papers. 

1010  Q.  You  did  receive  it  2  A.  I  did. 

Q.  Do  you  remember  the  date  2  A.  No,  sir. 

Q.  Do  you  remember  it  was  the  20tli  or  January i 
A.  Some  time  in  January. 

Q.  Was  it  this  proposition  in  two  parts  [Exhibit 
20]  made  on  the  !!t st  day  of  December,  1874 — the 


Q.  With  reference  to  the  letter  <>r  December  lOtli 
you  stated  it  was  not  accepted  by  Mr.  Orton.  Was 
it  declined  2 

1017  ■  It  was  neither  declined'  nor  accepted. 

Q.  You  heard  nothing  from  him  about  it  2 

A.  Not  until  after. 

Q.  Not  until  you  had  addressed  to  him  a  new 
proposition  2 

A.  Do  you  refer  to  the  lirst  proposition  2 

Q.  Yes  ;  you  stated  the  first  proposition  was  not 
accepted  2 

A.  Immediately  after  ho  said  he  would  not  ac¬ 
cept  the  proposition  1 

Q.  lie  would  not  accept  the  proposition ;  was 
that  verbal  2  A.  Yes'. 

Q.  Immediately  afterwards!  A.  Within  a dnv, 
perhaps.  -  . 

Q.  It  was  after  that  that  you  addressed  the  other 
one?  A.  Yes,  sir. 


Q.  Did  not  Mr.  Orton  when  he  declined  that,  ask 
you  to  give  him  some  other  proposition  2 
tldnkhedR  ,,0t  like  tOS"’eUr  fiat  he  did,  but  I 


Mr.  Dicl.-t-r.wn.  —  Now,  1  have  here  a  lar 
amount  or  Mr.  Edison's  orders  for  the  other  instr 
"“■'its  in  the  other  patents,  besides  0!).  The  modi 
were  made  for  them  all.  It  will  shorten  the  matti 
perhaps,  to  have  an  admission  that  all  the  oth 
patents  under  this  list,  from  04  to  112, were  these 
ject  of  development  by  experiments  in  the  Wesle 
Union  Ollice;  that  the  models  were  made  for  tin 
nil  in  the  Western  Union  Factory,  and  that  tin 
were  sent  to  Washington  at  the  expense  or  t 
Western  Union  Company,  or  Mr.  Prescott,  and  a 
at  the  expense  of  Mr,  Edison. 


The  Court. — So  far  as  that  ground  is  conccrnci 
the  question  might  lie  pill  in  a  general  form,  wit] 
out  going  into  details. 

Q.  Were  not  the  inventions  which  are  describe 
in  these  applications,  No.  04  to  100  and  111,  11 
and  113,  the  subject  of  experiments  and  construi 
thin  of  details  and  models  in  the  Western  Unio 
Kstublishnient, during  the  period  from  May  or  Jam 
1874,  to  tlie  time  when  you  left  that  place  ? 

A.  Ex  pert  men  Is  were  condhelcd  on  most  all  r 
the  applications  numbered,  as  you  say,  in  the  West 
era  Union  Electrician's  Oflicc,  and  at.  whose  expons 
I  do  not  know. 

Q.  And  under  your  superintendence?  A.  Yes. 

Q.  Not.  at.  your  expense?  A.  Not  at.  my  ex 
pease. 

Q.  And  all  these  applications  had  models  witl 
thoin  at  Washington  2  A.  Yes. 

Q.  And  these  models  were  made  in  the  Weston 
Union  Company’s  workshop  2 

A.  I  believe  tliov  were  all. 


Ibs&ksr: 


Q.  And  sent  to  Washington— not  nt  your  ox. 
pause?  A.  No. 

Q.  At  the  Western  Union  Company's  expense,  or 
Prescott’s,  as  the  ease  might.be  ; 

A.  Or  Mr.  Prescott’s— I  don’t  know  which. 

Q.  Now,  sir,  there  is  a  sum  of  money  mentioned 
1022  in  your  agreement,  with  Mr.  Present t,  $1,12(5,  1 
think  it  is  ?  A.  Yes,  sir. 

Q.  That .money  was  paid  by  you,  or  somebody  on 
your  behalf,  for  the  applications  and  models  and 
the  like,  in  the  eases  lettered  from  A  to  11  ? 

A.  Yes,  sir. 

Q.  That  is  wlmt  Mint  money  refers  to? 

A.  Yes,  sir. 

Q.  Will  you  look  at.  the  letter-press  copy  of  a 
Au«  »<c/f  ^M.&4W5k>tter  dated'  .lauuary  111th,  1875,  signed  by  William 
fk  .kc&A.'Ch/iL i  Orton,  and  read  it.  Do  you  remember  that? 

jf  hZ. CU  <W|  A.  I  remember  that.  (The  letter  is  on  page  34  of 

M^Jklt/f'^M^'the  Omnibus  bill.) 

Itt/W  Q-  »o  you  remember,  after  seeing  that  letter, 

iL.A  a.  'l  about  the  date  of  your  reception  of  it.  you  re- 

r^.'^.eeived  the  letter  of  which  this  is  a  letter-press 


Wwa.  hd  about  tl 

lUr*.  cyzu  «.  ,A'  Yes,  sir.  (The  copy  was  taken  subject  to  its 

httnUndiA  f'MsiC.lkLUj being  corrected  by  the  production  of  the  original.) 
bf  aMzfUu  $*<fHJtuXjdLiQ-  Now,  referring  to  that,  can  you  lix  the  date 
/Jut/f  <fe-vwvw.  iLra^i  when  you  received  tile  original.  It.  is  dated  on  the 
£Wlc<r>i>w}  U/AceoJubh  of  January,  1875? 
iWuiu,  VmUsuZC 7  A-  About  the  20th  of  January,  187(5. 

Q.  That  was  before  you  wrote  your  lottcr,  Jan¬ 
uary  20th,  1870,  which  is  the  letter  of  rescision,  re- 
1024  scinding  your  eon  tract  with  Mr.  Orton.  [Referring 
to  Exhibit  I.]  A.  Yes,  sir. 

Q.  You  said  in  your  direct  examination  that  Mr. 
Eckert,  Mr.  Chandler,  and  Mr.  Brown  came  over 
to  Newark,  to  your  shop,,  and  did  see  when  they 
were  there,  raise  00,  and  saw  it  operate. 

A.  Yes,  sir. 

Q.  Mr.  Eckert,  ut  that  time, was  the  Superintend¬ 
ent  of  the  Eastern  Division  of  the  Western  Union 
Telegraph  Company.  A.  Yes,  sir. . 


Q.  And  continued  to  be  so  until  some  time  in 
January,  187(5,  did  he  not?  A.  Yes,  sir. 

Q.  And  as  such  ho  had  the  superintendence  of 
the  line  to  Boston,  and  also  to  Buffalo  from  New 
York? 

A.  To  Boston ;  l  am  not  sure  about  Buffalo. 

Q.  But  certainly  to  Boston?  A.  Yes,  sir.  1025 

Q.  When  you  were  putting  up  vour  qundruplex 
to  Boston,  it  was  under  his  superintendence,  or  in 
the  division  that  lie  superintended?  A.  Yes,  sir. 

Q.  You  communicated  with  him  in  regard  to  the 
business  there,  did  you  not  ? 

A.  Some  of  the  details — yes,  sir. 

Q.  Yon  had  to  got  Ins  co-operation ;  he  gave  the 
orders?  A.  To  some  extent. 

Q.  The  orders  came  through  him  ? 

A.  Not  altogether. 

Q.  To  some  extent?  A.. Some.  ' 

Q.  lie  knew  all  the  progress  of  the  work  that  was 
going  on?  A.  I  am  not  sure  of  that.  -  1020 

Q.  Did  Mr.  Eckert  come  to  your  shop  in  Newark 
more  than  once,  and  look  at  this  qundruplex  oper- 
tion?  A.  Yes,- sir. 

Q.  When  again  after  the  time  you  have  men¬ 
tioned  in  your  direct  examination  ? 

A.  Tn  the  early  part  of  1874,  I  think. 

Q.  Did  he  come  in  the  month  of  December,  1874  ? 

A.  I  think  lie  did. 

Q.  About  the  middle  or  the  20th  of  December? 

A.  I  couldn’t  say  ;  it  was  sometime  in  December; 
was  near  that  date. 

Q.  It  was  some  time  after  $5,000  was' paid  to  1027 
you  ?  A.  Yes,  sir ;  I  think  so. 

‘  Q.  Who  came  with  him  ? 

A.  Jay  Gould  and  Albert  B.  Chandler. 

Q.  Did  they  introduce  Jay  Gould  to  yon  then  ? 

A.  Yes,'  sir. 

•  Q.  Who  is  Albert  B.  Chandler? 

A.  I  don’t  know  what  his  position  wns  in  the 
Western  Union  Telegraph  Company  j  I  believe  he 


is  secretary  of  the  Atliintic  nml  Pacific  Telegraph 
Company. 

Q.  At  tlmt  time  ho  was  an  officer  in  I  lie  Western 
Union  Telegraph  Company  ?  Yes.  sir. 

Q.  Jle  is  now  secretary  of  tile  Atlantic  ami  Paci¬ 
fic  Telegraph  Company  !  A.  1  believe  so. 

1028  Q.  And  Mr.  Eckert  is  now  president  of  -the 
Atlantic  and  Pacific  Telegraph  Company  ? 


Q.  Did  yon  talk  about  it?  A.  Yes,  sir. 
r  Q.  In  this  letter  of  yours  to  Mr.  Orton,  of  Jan- 
nary  20th,  1 870,  attempting  to  rescind  your  agree¬ 
ment  with  him  you  say,  •‘lam  now  advised  tlmt 
tlie  claims  of  Mr.  George  Darlington  under  a  prior  - 
contract  and  irrevocable  power  of  attorney,  of 
which  you  are  aware,  anil  which  are  still  in  full 
force  and  effect,  will  prevent  a  valid  transferor  any 
K)  such  title,  either  to  you  or  other  parties  who 
advised  you  that  those  claims  of  Harrington  pre¬ 
vented  you  performing  your  contract  with  the 
Western  Union  Telegraph  Company  ?  • 

y.  You  want  to  know  them  all  ? 

Q.  Yes,  sir  ? 

A.  George  Harrington  ;  .1.  C.  Iteilf,  secretary  of 
the  Automatic  Telegraph  Company;  It.  W.  Has¬ 
sell  ;  and  I  think,  Mr.  Lntiohe. 

I  am  notsure,  however,  about  Mr.  La  frolic;  there 
were  a  great  many  other  people  who  l  cannot  re¬ 
member  now. 

Q.  Jay  Gould  for  one?  ' 
l(  A.  I  don’ t  know  whether  lie  did  or  not. 

Q.  Mr.  Eckert  for  one  ? 

A.  I  am  not  sure  about  that. 

Q.  Don’t  you  remember  any  tiling  about  it  ? 

A.  Well,  they  all— everybody  talked  about  it. 

Q.  Everybody— Jay  Gould  ? 

A.  I  don’t  say  certainly  tlui the  did. 


on  JanSS  SOth"’^^1' y  V^'^aper  was  dated 
ary  4th,  1873  •  tlmt  is  von°U  ''I'1  J lm  deefl  on  Jnnu- 

fhat  date  to  Mr.  Jay  Go  ld  tl‘afnasiS11"‘ont  on 

Q.  somewhere  between  the  tin.,.  J  ' 

-  proposition  and  the  da y  voii  dht  t  !  Save  that 
advised  von  as  von,,..  tle(lee(1>  someone 
they  not  ?  A.  Ves  '  J"  t,lis  '"tor,  W 

Q.  Those  days  wore  verv  few  ,i 
A.  Yes,  sir.  ‘  ’  "el°  llley  not  ? 

Q.  Short  metre,  then  ?  A.  Yes  sir 

A  fa’mm,1"""3  ""  t0"’  "as  it;  ■ 

ws, 

b*“”' »«i ,« 

JC,0nij,lj'conii>imy!  ”  Wlrtl  tf,e  Wes^m  Uiiwii 
no  1,'slit  ,o  ,  ,T,S“  V,J, 

A.  les,  sir ;  before  December. 

got  i.etweenSthe' day  “?r,“  5’°" 1033 

tion  to  tile  Western*  ii,  •  m  ,  nt  ,llml  proposi- 
and  the  day  when  1  JeI«S‘apli  Company,'  . 

January  24fch  l87o^  (^ee^ 

advised  by  somebody  ?  a!' Y^'sir.1""6  J™U  wei* 


o  n  lr, 1111  "  1,1  K«i/r. 

J&3s5»«*»a 

1034  A  jnn,„  .  T 

r\  v  '  '  *u- ;  1  Hunk  In.*  \vns  in  Bahitm... 

SJ  f';1!1  (Vf f  in  HBlHmon, ;  vU 

woiv  not  hi  Bultimoi-o?  a.  Ato  sir" 

’SaMssstp**-- 

who  advised  von  f Ii'itVnn  i  111  t,mfc  .jwrim 
deed  of  Jium-uy  do  tin. 

Q.  Who  wasTl'iiiM  °'\-V,?r  1,ewnn 

Q.  Yes,  sir.  '  A>  I!t‘f"',,,!l1  those  dales i 

£/': 'ILi'US'r;'; ***» 

ion  and  from  his  s„„  ^  “ li!  “''8  r,om  i'n'Hng- 

^TOH^Sy!!0nn,i,!tea^ wiH"'^Hmai£ 

Q.  Before  Che  time  when  v<...  i 
propositions  to  Mr.  Orfc  n  >  *'  •  ,,,,u^e  ^,oso  two 

)36  A‘  ^es’ s"'’ ,,nd  poi-lmpa  after  that. 

The  Court  Before  December  ,0th,  ]  874 » 

A.  Yes,  sir. 

])eHod‘th,it  "rehave  blo”°S  i,,,t  Wr.'Belir  in  the 
you  to  make  that  deed  to  ./ay  GoalS  Who“arh«l 
A.  It  was  a  matterof  talknfthuotHce  0f  theAuto- 


atic  Telegraph  Company,  and  there  were  several 
mtlonieu  in  there,  generally ;  perhaps  they  all  ad- 
sednie,  hut  I  could  not  specify  any  particular 
uitleman  ;  the  aggregate  advice  wns  that  I  lmd  no 
gilts  to  convoy. 

Q.  To  the  Western  Union  Telegraph  Company  1 
A.  Yes,  sir. 

Q.  And  you  did  have  a  right  to  convey  some- It 
ing  to  Jay  Gould  ? 

A.  I  had  a  right  to  wliat  I  owned,  whatever  that 


A.  §30,(100  given  to  me  for  what  interest  I  owned 
that  patent,  whatever  it  was ;  I  don’t  know  what 
owned,  so  many  people  tried  to  make,  me  believe 
didn’t  own  anything  at  that  time. 

Q.  $30,000  was  paid  for  wliat  you  did  have? 

A.  Yes,  sir,  for  what  I  owned,  with  full  knowl- 
Igeof  the  claims  of  other  parties.  ,q, 

Q.  Of  the  Western  Union  Telegraph  Company  ? 

A.  Of  everybody. 

Q.  Fall  knowledge  of  Jay  Gould  1  A.  Yes,  sir. 

Q.  You  showed  him  a  copy  of  the  receipt  for 
mt  $3,000  i  A.  Yes,  sir. 

Q.  And  your  agreement  with  the  Western  Union 
;legrapli  Company,  and  the  Prescott  agreement? 

A.  Yes,  sir ;  I  believe  I  did. 

Q.  And  told  him  about  your  relations  with  the 
restcrn  Union  Telegraph  Company  ?  A  Yes,  sir. 

Q.  The  whole  story  ?  A.  Yes,  sir. 

Q-  And  when  lie  knew  it  all  he  gave  you  the 
10,000  to  take  whatever  interest  you  had  left  ? 

A.  Yes,  sir.  10? 

Q.  At  that  time  Gould  was  a  director  of  the  At-  % 
a  tic  and  Pacific  Telegraph  Company  ? 

A.  I  think  lie  was. 

Q.  And  is  now?  A.  I  believe  so. 

Q.  The  transaction  wns  done  at  Mr.  Gould’s 
>use  on  Fifth  avenue,  was  it  not? 

Q.  Wliat  transaction  ? 


n 


Q.  And  you  were  taken  up  Jo  do  it  by  Mr.  Eck¬ 
ert-  superintendent  of  tile  Western  Union  Tele¬ 
graph  Company  ?  A.  Yes,  sir. 

Q.  Mr.  Eckert  went  into  Mr.  Gould’s  house  with 
you?  A.  Yes,  sir. 

10-JO  Q.  Was  it  by  previous  arrangement  with  Mr. 
Eckert  that  you  wont  that  day? 


Q.  Who  assisted  in  making  the  negotiations  be¬ 
tween  you  and  Mr.  Gould?  A.  General  Eckert. 

Q.  Cun  you  tell  about  when  that  negotiation  be¬ 
gan  ?  A.  Some  time  in  December. 

Q.  You  were  asked  by  brother  Hassell  whether 
you  considered  this  duplex  telegraph  a  fast  system, 
to  which  you  made  an  answer.  Read  the  paper  I 
now  hand  you  to  refresh  your  memory. 


Dn  the  4th  of  April,  1871,  and  before  that  time 
it  the  words,  “Automatic  or  fast  telegraphy 
technical  meaning,  understood  in  the  art.” 


Mr.  Dickerson. — I  will,  read  the  testimony  from 
the  minutes:  “Do  you  consider  the  quadruples 
“ system  of  telegraphy  to  be  a.  fast  system  ?  A.  In  • 
“  what  sense i  Q.  In  any  sense— the  popular  sense 
“  —do  you  consider  it  to  bu  a.  last  system  ?  A.  You 
1042  ”  can  ouf  ,;'le  business  olf  faster  on  the  duplex  wire 
“  than  you  could  on  the  single  Morse  wire.  In  that 
“  sense  I  consider  it  faster.  Q.  Faster  than  Morse  ? 
“A.  Yes,  sir.  Q.  How  much  faster  than  Morse? 

“  A.  You  can  get  the  business  olf  faster.” 


Mr.  Wheeler.— I  do  not  object  to  that.  I  only 
object  to  it  so  far  as  it  refers  to  new  matter.  That 
opens  an  entirely  new  branch  of  testimony,  and  it 
is  one  that  ought  to  be  carefully  considered  and 
limited.  Suppose  they  ask  this  witness  this  ques-1043 
tion,  and  be  testilies  on  the  subject,  and  we  intro¬ 
duce  no  additional  testimony  in  reference  thereto  ; 
that  is,  in  the  technical  sense ;  I  do  not  speak  of 
the  popular  sense.  That  would  not  be  proper,  ex¬ 
cepting  ns  showing  the  nature  of  this  invention  in 
that  sense.  Might  it  not  be  considered  by  your 
Honor  that  we  exhausted  our  testimony  on  that 
subject  before  resting;  and  yet  it  was  expressly 
stated  in  our  opening  that  we  did  not  propose 
to  go  into  it ;  not  considering  it  material  to 
do  so.  .  To  enable  them  to  put  in  any  evidence 
on  that  subject ;  ill  other  words,  to  enable  them  to 
give  a  special  meaning  to  a  particular  word  in  this1044 
contract :  it  is  necessary  for  them  to  show  that  they 
had  a  well  settled  meaning  among  scientific  men  at 
that  time,  which  was  different  from  its  usual  sense. 

We  had  not  offered  any  testimony  on  that  subject. 

AVe  ask  this  witness  in  what  sense,  practically,  he 
considered  it  a  fastsystem..  He  said  that  you  could 
get  the  business  faster  on  the  wires.  That  has  been 
proved  by  the  expert  whom  we  first  called.  It  is 
not  denied.  We  claim  that  it  is  sufficient  for  us  to 
show  it  to  be  a  fast  system,  to  prove  that  you  can 
get  more  business  off  one  wire  than  you  could  un¬ 
der  tile  previous  Morse  system. 

The  Court. — You  asked  him  the  broad  question  1045 
if  it  is  a  fast  system  of  telegraphy  ;  I  think  if  the 
other  side  are  not  satisfied  with  the  answer  to  that  * 
question  they  have  a  right  to  cross-examine  him  in¬ 
regard  to  it,  and  get  just  as  full,  as  explicit,  and  as 
detailed  an  answer  as  they  desire. 

Mr.  JVlieeler. — Allow  mo  to  rend  the  question  : 


J  >0  you  consider  the  qinidrnplex  system  of  t( 
gmpliy  a  fast  system  ?”  Anil  the  witness  as] 
“In  wlmt  sense?”  Mr.  Bussell  says:  “In  a 
sense  ;  the  popular  sonso.” 

The  Court. — I  suppose  lie  left  out  the  words  “ 
any  sense  and  the  witness  said  in  one  sense 
16  considered  it  fast. 

Mr.  Wheel  or. — That  is  just  what  he  did  say. 

The  Court.— Was  not  the  other  side  a  right  to  e 
quire  whether  lie  considered  it  fast  in  some  nth 

Mr.  Wheeler.— I  do  not  object  to  that ;  it  is  n 
a  ci  s  \  n  n  tion  i  to  wlmt  he  considers  it. 

The  Court.— I  do  not  entertain  any  doubt  of  tl 
point  whatever.  I  do  not  think  it  is  tenable. 

Exception  tnken'by  Air.  Wheeler. 

‘  A.  “Automatic”  did. 

Q.  Was  not  the  word  “fast” ^telegraphy  in  187 
in  the  art ? 

A.  I  think  the  word  was  applied  liv  I).  Il.Cmia 
and  persistently  kept  before  the  public. 

The  Court.  You  amend  your  former  questioi 
by  omitting  the  word  “automatic”' 


Q.  The  word  “  fast  ”,  was  invented  by— 

A.  [Interrupting]  As  applied  to  automatic  tele¬ 
graphy,  was  lnvuntudjund  applied  by  D.  II.  Ciaitr 
and  persistently  kept  before  the  public 
Q.  Applied  to  what?  A.  Automatic  telegraphy. 
tle .wor<1  “last,”  as  invented  and  ap¬ 
plied  and  persistently  kept  before  the  public,  con¬ 
veyed  the  ulen  of  automatic  telegraphy  ? 


.  A.  Jn  contradistinction  to  Morse. 

Q.  In  contradistinction  to  electro-magnetic  tele¬ 
graphy? 

A.  I  won’t  say  that ;  there  was  a  Wheatstone 
<  t  i  to  that  was  magnetic. 

.  A<  1  »ni  not  speaking  of  what  was.  Iam  speak¬ 
ing  now  of  the  sense  of  the  word  automatic,  ns  used 
m  the  electric  science  in  this  country  at  that  time  10‘ 
"  hen  you  spoke  of  an  automatic  telegraph  you 
meant  chemical  automatic,  did  you  not?  The  auto¬ 
matic  telegraph  Company,  for  instance,  meant  the 
chemical  automatic  telegraph  ?  A.  Yes,  sir. 

Objected  to  as  referring  to  automatic, 
upon  which  the  Court  had  already  ruled. 

TheCourl—l  stated  that  the  term  was  not  in¬ 
cluded  in  the  question  which  was  addressed  to  the 
witness  on  the  direct  examination,  and,  therefore, 
r  desired,  before  ruling  upon  Air.  Dickerson’s  ques¬ 
tion,  that  he  should  exclude  that  word  from  it, 
which  lie  did  by  amending  his  question  ;  it  subse- 105 
Ci,me ollf  in  answer  to  that  question  that 
fast  and  “automatic”  meant  the  same  thin  a  • 
the  person  who  first  used  the  word  in  application’ 
to  telegraphy  at  all,  and  applied  it  persistently  to 
automatic  telegraphy. 

Mr.  Wheeler— That  is  a  wrong  view  of  it,. if 
your  honor. please.  The  questions  are  put  witli 
so  much  art  that  they  fail  to  convey  the  correct 
idea  of  the  witness.  * 

•  The  Court.— The  general  impression  I  received 
from  the  witness  was  that  it  meant,  in  the  mind  of 
its  inventor,  and  to’ a  certain  extent  afterwards  in 
the  minds  of  other  persons  first  in  these  matters,  1051 
nuto^mtic,,  tolegmphy. 

Mr  Wheeler— Mr.  Craig  was  not  the  inventor  at 
all  of  automatic  telegraphy.  He  was  the  man  who 
lint  it  before  the. public. 


The  Court. — The  witness  did  nut  say  so.  Ho  said  f 

hat  he  first  applied  the  word  “fast”  lo  tele-  J 

[rupliy  as  eonneeted  with  automatic  telegraphy,  (| 

’o  distinguish  it  from  the  Morse  system.  | 

Q.  Omig  was  the  mail  who  lirst  got  up  in  -  this  | 

lountry  tlie  Bain  telegraph,  was  he  not  the  man  | 

vho  invented  the  word  “fast” t  | 

A.  Not  the  first  automatic  ;  no,  sir.  | 

Q.  Was  lie  not  the  lirst  man  who  set  it  up  in  f| 

his  country '  A.  There  wore  several  automatics.  s! 

Q.  In  this  country  ?  A.  Ves,  sir.  | 

Q.  Over  wluib  line  ?  A.  I  don't  know  whether 
hey  were  tried  on  wiles.  | 

Q.  I  mean  set  up  a  line.  I  don’t  speak  of  what  j| 

existed  in  the  minds  of  men.  Uniig  was  the-  lirst 
[lerson  who  put  up  a  working  line  on  tile  Bain  sys-  | 

em  in  this  country  ?  A.  The  automatic  ? 

Q.  The  Bain  automatic?  A.  I  don’t  know  that.  | 

Q.  Well,  lie  did' put  up  a  line  on  that  system  ?  J 

A.  The  National  Compauy  put  up  a  line.  !| 

Q.  Mr.  Craig  was  the  promoter  of  the  line  in  con-  ;  i 

nection  with  some  company?  ;| 

A.  I  think  lie  was  one  of  the  main  instruments  •  i| 
that  got  it  built.  I* 

Q.  That  was  the  chemical  telegraph  of  Bain ! 

A.  Yes,  sir. 

Q.  Commonly  called  tlie  automatic  telegmpli  ? 

A.  Yes,  sir.  ■  i 

Q.  And  lie  applied  to  it,  as  an  alternative  de¬ 
scription,  the  word  “fast”? 

A.  In  contradistinction  to  Morse ;  it  was  limited  ; 

Q.  So  that  tlie  Bain  telegraph  was  known  as  the  | 
automatic  or  fast  telegraph  ?  A.  Yes,  sir.  t. 

Q.  And  that  was  tlie  sense  it  ivould  convey  to  you  | 
as  an  electrician  in  1870-1871, -if  some  person  i-hould  | 

send  you  an  order  to  your  shop,  “Build  mo  four  | 

sets  of  instruments  for  an  automatic  or  fast  tele-  || 

graph  1  A.  Yes,  sir.  If 

Q.  You  would  build  him  a  Bain  telegraph  under  11 
that  order?  A.  That  ora  Wheatstone.  II 


Q.  You  would  build  him  that  in  1870- 
’71  it  you  had  received  an  order,  "Mr.  Jicli- 
xori. — Duau  Sin:  Construct  for  me  four  sets 
sets  of  instruments  to  lie  worked  on  an  automatic 
or  fast  telegraph  between  New  York' and  Boston,” 
would  you  not  have  made  the  Bain  instruments? 

A.  I  think  I  should  have  inquired  what  particu¬ 
lar  instruments  lie  wanted. 

Q.  Suppose  he  had  said  a.  Little  automatic  or  fast 
system,  what  would  you  have  done  ? 

A.  ir  lie  specilied  tlie  particular  automatic  he 
wanted  it  built  for  I  would  have  built  it. 

Q.  Suppose  you  got  this  order :  Mako  up  for  me 
four  sets  of  instruments  to  be  used  on  a  Little  auto¬ 
matic  or  fast  telegraph  ?  . 

A.  I  would  simply  have  made  a  copy  of  four  in¬ 
struments  ;  Ceorge  Little’s  patent. 

Q.  Those  would  not  be  a  telegraph  at  all  ? 

A.  Not  much  of  a  telegraph. 

Q.  You  would  have  had  only  Little’s  append¬ 
ages  ? 

A.  Yes,  sir ;  something  to  reduce  the  speed  of 
(lie  wire. , 

Q.  Suppose  you  had  been  directed  to  make  up  a 
complete  set  of  instillments  for  a  Little  or  auto¬ 
matic  or  fast  telegraph,  to  be  put  up  between  New 
York  and  Boston,  wliat  would  you  have  made  ? 

A.  I  should  have  used  chemical  instruments. 

Q.  You  would  have  understood  that  that  is  wliat 
the  order  meant.  A.  Yes,  sir. 

Q.  This  agreement  which  I  have  showed  you  was 
an  agreement  of  that  kind  somewhat,  was  it  not; 
the  agreement  between  you  and  Craig  ? 

A.  Yes,  sir.  • 

Q.  You  said  in  your  direct  examination  that 
Harrington  knew  of  your  agreement  with  Prescott? 

A.  Yes,  sir. 

Q.  And  that  you  didn’t  ask  his  consent? 

A.  Yes,  sir. 

Q.  Did  he  object  to  it  ? 


A.  Not  in  ii  way  tlmt  would  be  an  objection  ;  be 
said  I  ought  not  to  do  it. 

Q.  He  advised  you  not  to  do  it?  A.  Yes,  sir. 

Q.  lie  didn’  t  object  because  it  infringed  any  of 
your  rights  ?  A.  No. 

Q.  Then,  when  this  machine  had  got  operating 

1058  in  December  nnd  January,  1874-5,  Harrington  ap¬ 
peared  to  make  some  claim  ? 

A.  Yes,  sir;  because  it  had  turned  from  a  duplex 
into  a  quadrnplex. 

Q.  Did  Harrington  call  upon  you  tor  any  part  of 
that  §80,000  you  got? 

A.  No,  sir. 

Q.  You  were  aslced  whether  you  had  your  part¬ 
nership  contract  before  you  at  the  time  when  you 
made  your  contract  with  Prescott,  and  you  said 
you  hndn’ t ;  did  you  have  a  counterpart  of  that  at 
all  in  your  possession  ? 

A.  I  don’t  think  I  ever  had  a  copy  of  it. 

1059  q  you  heard  Mr.  D’Infreville  testify  here  the. 
other  day?  A.  I  didn’t  hear  him.  . 

Q.  You  were  in  court  ? 

A.  Yes,  sir. 

Q.  He  put  into  a  telegraph  made  according  to 
9!)  ;  that  is  he  took  the  drawing  of  99,  and  put  on 
to  one  end  of  it  the  Bain  chemical  receiver  and  took 
the  signal  at  the  bug  trap  ?  A.  Yes,  sir. 

Q.  And  put  on  a  Bain  punched  paper  transmit¬ 
ter  to  operate  the  key  at  the  other  end  and  then  he 
had  an  operating  telegraph  ?  A.  Yes,  sir. 

Q.  Would  the  combination  I  have  thus  stated 
1000  successfully  and  economically  develop  into  practi¬ 
cal  use  tlio  Little  or  other  system  of  automatic  or 
fast  system  of  telegraphy? 

A.  I  could  make  it  operato. 

Q.  I  ask  you  whether  you  could  successfully  and 
economically  develop  into  use  the  Little  or  other 
system  of  automatic  or  fast  system  of  telegraphy  ? 

A.  I  don’t  know  anything  about  that ;  I  know  I 
could  make  it  work. 

Q.  I  ask  you  the  question  now,  whether  it  would 


economically  develop  the  automatic  system— put¬ 
ting  those  things  into  it  ? 

A.  I  don’t  know  whether  it  would  or  not. 

Q.  You  have  no  opinion  on  that  subject  ? 

A.  No,  sir. 

Q.  Look  at  Exhibit  P,  now  shown  you,  and  say 
whether  you  didn’ t  invent  that  tiling  ?  1 

A.  These  things  ? 

Q.  That  combination  ? 

A.  There  is  a  number  of  combinations. 

Q.  Well,  the  whole  of  them  ?  A.  Yes,  sir. 

Q.  When  did  you  make  it? 

A.  I  couldn’t  tell  within  two  years. 

•)Q.  Somewhere  within  two  years? 

^  Somewhere;  I  don’t  know  what  time;  I 
couldn’t  give  any  idea ;  I  had  forgotten  all  about  it. 

The  Court. — It  is  so  vague  and  indefinite  in  his 
mind  that  he  cannot  fix  the  time  within  a  period  of  ^ 

Q.  This  was  since  99  ? 

A.  I  had  forgotten  that  I  had  ever  made  them; 
therefore  how  can  I  tell  what  date. 

'lhe  Court. — During  that  period  of  two  years  did 


A.  I  should  think  it  was  after  99,  judging  from 
the  state  of  the  art  shown  there. 


.  Q.  Have  you  applied  for  a  patent  for  them  ? 

A.  I  don’t  know  that ;  perhaps  I  have. 

Q.  That  thing  shown  there  is  not  an  electro-mag-  ]  0G3 
netic  telegraph  at  all ;  is  it  ?  A.  No,  sir. 

Q.  It  is  a  decomposing  chemical  telegraph  ? 

A.  A  chemical  telegraph. 

Q.  You  said  that  the  principle  of  your  invention 
99  was  applied  to  the  automatic  telegraph  ? 

A.  Yes,  sir. 

Q.  That  drawing  is  the  sort  of  thing  that  you 


302 


Q.  Anil  the  principle  you  wow  talking 
til  ore  whs  the  nseof  reversed  currentshnd  increased 

0UA°Yes,  sir;  to  transmit  the  two  messages. 

Q.  That  is  wlnit  yon  meant  by  the  principle  of 
the  thing?  A.  Yes,  sir. 

1 004  Q.  And  not.  the  mechanism  of  case  99  ? 

A  No  •  that  was  the  Morse  application  of  the 
principle;  that  is  adherent  mechanism. 

O  That  was  the  Morse  mechanism,  and  this  is 
the  chemical  application  of  the  principle  of  using 
those  two  tilings?  A.  Yes,  sir. 

Q  You  also  said  that  you  had  thought  of  the 
possibility  of  making  this  invention  1*1«>" 
1809 ;  what  was  the  thing  you  thought  of  in  lSb.l- 
cnn  you  give  us  abetter  definition  than  you  have 

"TI&ZL  y»..  «  I  «»M 

succeed  in  sending  the  reversed  currents  through 
1065  an  ordinary  magnet  without  moving  that  magnet,  I 
could  send  two  messages  over  one  wire  in  the  same 
direction  at  the  same  time ;  and  oft  and  on  many 
Years  ago  I  have  tried  various  devices  to  do  that 
tlii„»-  but  never  accomplished  it  until  1S73 ;  I 
always  have  had  that  object  in  view ;  and  the  ap¬ 
plication  is  made  in  the  Gold  and  Stock  ’?  elegraph. 

Q.  They  have  the  same  thing? 

A.  Almost,  without  the  devices. 

Q  They  sending  reversed  currents  without  nc- 
tnnting.tlie  neutral  relay  until  they  wanted  to  ac- 

1  nr.fi  tUA6  Yes,  sir.  You  sent  one  current  to  effect  one 
movement,  and  an  opposite  current  to  effect  another 
movement.  In  the  same  circuit  is  a  common  mag¬ 
net  and  a  polarized  magnet.  That  is  the  reason 
wliv  I  can’ t  give  any  date  to  this  invention. 

Q.  Iaiu  trying  to  get  at  what  you  hud 
mind,  and  the  size  of  your  idea— it  you  could  send 
over  a  lino  a  reversed  current  and  have  m  the  same 
circuit  another  instrument  that  would  not  be  ni- 
-  fectedby  the  reversed  current? 


A.  Yes,  sir ;  lint  it,  was  many  years  before  I 
could  get  it. 

Q.  At  tlie  time  you  had  that  conception,  you  did 
not  know  what  lmd  been  done  by  Kramer  and 
Bossclia,  did  you  ? 

A.  Not  until  1870  or  1871-abont  that  time.  I 
saw  the  diagrams  about  that  lime.  lub( 

Q.  You  thought  of  this  before  you  saw  them  ? 

A.  Yes,  sir. 

Q.  So  that  you  were  really  an  original  inventor 
of  that  idea,  although  it  might  have  existed,  and 
you  not  know  it  ? 

A.  For  what  purpose? 

Q.  For  using  a  reversed  current  and  an  increase 
aiid  decrease  of  current,  do  they  not? 

A.  I  don’t  know  it. 

Q.  Poes  not-  the  Bossclia  machine  have  a  polar¬ 
ized  relay  and  a  neutral  relay  ? 

A.  Perhaps  it  does.  10GS 

Q.  And  didn’t  the  polarized  relay  work  by  the 
reversed  current,  and  the  neutral  relay  by  the  in¬ 
creased  current? 

A:  I  am  not  aware  of  it. 

Q.  Will  you  say  that  it  does  not.?  Have  you 
studied  it  enough  ? 

A.  I.lmve  not  looked  into  it. 

Q.  You  have  not  looked  into  it  enough  to  say 
that  ? 

A.  No ;  my  impression  is  that  it  is  entirely  dif¬ 
ferent,  from  the  mere  fact  of  keeping  two  instru¬ 
ments — one  a  common  relay,  and  tlie  other  a  polar¬ 
ized  relay  in  the  same  circuit,  and  reverse  the  cur-10G9 
rent  to  send  one  message,  and  increase  it  and  de¬ 
crease  it  to  send  the  other.  I  think  Kramer  and 
Bossclia  devices  are  materially  different. 

Q.  They  are  materially  different,  certainly  ? 

A.  They  have  not  the  principle  .seen  in  Bossclia 
or  in  Kramer. 

Q.  A  principle  like  this  ?  A.  Yes,  sir. 

Q.  You  mean  the  principle  of  an  increased  or 
decreased  current  ? 


A.  Not  particularly. 

Q.  Bo  you  remember,  m  the  Kminor  or  Bosscha 
instruments,  that-  there  is  one  relay  that  responds 
to  reversals '( 

Objected  to  as  incompetent.  ] 

1070  ,  I 

Mr.  Dickerson.— It  may  not.  lie  any  more  compe¬ 
tent  on  tile  cross-examination  than  it.  was  on  (lie 
direct  examination.  Yon  lmvo  undertaken  to 
prove  by  tliis  witness  that  he  had  in  liis  mind,  in 
1800,  the  conception  ot  the  possibility  of  making 
a  telegraph  to  work  by  a  reversal  and  by  an  in¬ 
crease  of  current,  co-operating  on  the  line ;  and  lie  ; 

is  giving  us  the  size  of  his  idea.  I  presume  you  ; 

mean  to  argue  something  from  that  ;  if  you  do  not, 

I  have  nothing  more  to  say ;  if  you  do,  I  propose 
to  show  you  that  that  idea  was  common  and  pub¬ 
lic  property  at  that  time,  and  that  Mr.  Edison’s  in- 
vention  was  a  modification,  and  a  very  valuable  and 
important  modification  of  the  mechanisms  and  (he 
details  by  which  that,  idea  in  Bossclia’s  was  an  op-  l 

erative  one,  but  not  as  rapid  as  it  was  carried  out. 


it— just  its  it  is  in  operation  down  in  the  Western 
Union  Telegraph  Company’s  Office— dues  that  thing 
cs  f  11  nid  economically  develop  into  practi¬ 
cal  use  the  Little  or  other  system  ot  automatic  or 
fast  system  of  telegraphy ? 

A.  If  you  confiuo  it  that  way,  of  course  not. 

Q.  You  must  invent  something  else  to  make  it 
applicable  to  automatic  i 

A.  A  man  can  invent  a  principle  and  the  appli¬ 
cations  of  it — make  the  application.  He  lias  two 
things.  In  one  case  he  can  take  his  principle  and 
apply  it  to  something  else. 

Q.  Apply  it  to  other  inventions  1 

A.  Yes,  sir;  or  by  taking,  something  old — mak¬ 
ing  an  application  to  something  already  invented. 

Q.  Which  might,  or  might  not  be,  a  patentable 
thing  to  do.  You  said  correctly,  that  the  original 
Morse  was  an  automatic  telegraph  ? 

A.  Yes,  sir. 

Q.  That  instrument  had  what  was  called  by 
jror.se  a  port  rule,  which  consisted  in  a  moving  bar 
that  couid  be  run  with  rapidity,  armed  with  points 


1073 


1074 


set  in  there  like  type?  A.  Yes,  sir. 


Q.  The  breadth  of  whoso  face  in  the  direction  of 
motion  varied  and  separated  from  each  other  by 
intervals  or  spaces  1  A.  Yes,  sir. 

Q.  And  then  one  of  the  poles  of  the  circuit  mag¬ 
net  touched  the  surface  of  this  type  t 

A.  Yes,  sir. 

Q.-  So  that  the  port  rule  or  frame  was  run  along 
that  pole,  scraped  over  these  faces,  and  made  cir¬ 
cuit  whenever  the  polo  touched  the  type  and  made 
spaces  whenever  the  pole  caino  to  the  vacancies  ; 
and  the  length  of  those  services  determine  whether  1075 
the  signals  should  be  a  dot  or  a  dash  ? 

A.  Yes,  sir. 

q.  That  was  the  system  1  A.  Yes,  sir. 

Q.  And  at  the  other,  end  there  was  a  register,  so 
called  in  which  a  strip  of  paper  was  run' ''out  by  ma¬ 
chinery,  and  these  signals  wore  imprinted  on  that 


Mr.  Wheeler. — That  might  lie  very  valid  on  (lie 
question  of  the  patent. 

The  Court— The  witness  is-  asked  whether  lie 
was  aware  that  the  same  conception  not  only  exist¬ 
ed  .but  was  practically  wrought  out  and  carried  in¬ 
to  effect  by  other  people.  I  will  take  'the  answer. 

Exception  taken  by  Mr.  Wheeler. 

.  A.  I  have  not  looked  at  it.  I  lost  all  confidence 
lO'^in  those  duplexes  and  things’ described  there. 

The  Court,.— Ho  does  not  know  anything  about 
it. 

Q.  Yon  cannot  say  wlmt  those  tilings  are? 

A.  No,  sir. 

Q  Taking  the  invention  of  “  00,”  just  ns  it  stands 
in  your  patent,  without  adding  to  it  or  taking  from 


SlOfi 

strip  by  tlm  force  <>t  im  electro-mngnot  Mint  pulled 
flown  n  point’ that  embossed  the  paper  ? 

q.  And  the  whole  together  was  an  automatic  to!- 
<?SQ.1' Wnstiiat  known  in  the  art  as  automatic  tele- 
10 1 0  gi  npb>  ^  t  know  w)len  the  word  was  coined— the 


Q  You  never  licnm  the'  Morse  system  uunu  -uu 

automatic  system  of  telegraphy?  . 

A.  I  think  I  have  heard  the  expression  used  w  HU- 
in  a  week. 

Q.  I  mean  in  1870-1  ?  . 

The  Court, — Did  you  prior  to  the  invention  or 
the  chemical  process  ?  '  ,  „  , 

q  In  1871  did  you  hear  the  Morse  system  called 
10  “  an  automatic  system  of  telegraphy,  or  was  it  so 
known  1  A.  1  don’t  know  that. 

Q.  The  next  step  taken  by  Morse  was  to  drop  oil 
I)  t  til  tic  the  port  rule  ? 

A.  Half  of  it,  . 

Q.  The  automatic  port  rule?  A.  Yes,  sir. 

Q  And  to  substitute  therefor  a  linger  key,  such 
as  .is  now  used,  called  the  Morse  Key?  A.  Yes,  sir. 

Q.  Then  the  thing  became  a  manual  telegraph 
with  an  automatic  receiver  ?  A.  Yes,  sir. 

Q.  And  it  was ‘in  both  cases  an  electro-magnetic 
telegraph  ?  A.  He  had  a  chemical  telegraph. 

1078  Q.  I  speak  of  the  Morse  telegraph  ?  A.  The  one 
generally  used  ?  .  .  ,  , 

Q.  Yes,  sir?  A.  An  electro-magnetic  telegraph. 

Q.  That  which  is  known  as  the  Morso  system  is 

an  electro-magnetic  telegraph  ?  A.  Yes,  sir. 

Q.  And  its  speed  is  limited  by  the  fact  that  it  is 
electro-magnetic?  . ... 

'  A.  It  is  limited  in  comparison  with  the  chemical 
decomposition. 


807 


Q.  Its  speed  is  absolutely  limited  liy  that  fact  at 
some  points  ?  A.  There  is  no  limit  to  it.  , 

Q.  So  for  as  it  is  developed  ?  A.  Yes,  sir. 

Q.  You  think  in  the  future  there  may  he  some¬ 
thing?  A.  Yes,  sir. 

Q.  So  far  as  known  its  speed  is  absolutely  limit¬ 
ed  by  the  fact  that  it  is  an  electro-magnetic  tele¬ 
graph  ?  A.  Yes,  sir ;  in  comparison  with  the  1079 
chemical. 

Q.  Tlie  next  .  step  was  to  cut-off  the  other  end— 
tlio  automatic  receiver  2  A.  Yes,  sir. 

Q,  And  substitute  a  sounder  in  its  place  ? 

A.  Yes,  sir. 

Q.  Then  the  thing  became  a  telephone.  A.  Yes, 
sir. 

'  Q.  They  call  it  a  telegraph,  lint  it  is.a  telephone  ? 

A.  Yes,  sir. 

Q.  Then  it  is  the  Morse  telephone?  A.  Yes,  sir- 

Q.  And  it  is  also  electro-magnetic  ?  A.  Yes,  sir.  • 

Q.  Its  speed  is  also  limited  by  the  capacity  of 
the  ear  to  read  it  ?  1080 

A.  No,  of  the  opera  tors  to  put  it  down. 

Q.  Or  the  ear  to  read  it  ? 

A.  The  ear  can  read  75  or  80  words  a  minute  ;  a 
man  can  write  45  or  50. 

Q.  Forty-five  or  fifty  is  the  capacity  of  the 
sounder  2  A.  Yes,  sir. 

Q.  If  you  could  find  a  fast  sender,  then  you 
would  run  against  the  limit  of  the  ear? 

A.  The  ear  can  keep  on  longer  than  the  hand. 

Q.  You  would  finally  run  against  the  limit  of  the 

A.  Yes,  sir ;  amt  then  you  would  run  against  the 
limit  of  the  electro-magnet  ?  A.  Yes,  sir. 

Q.  So  those  are  all  fences  in  that  system  that 
fetch  you  rip  somewhere  ?  A.  Yes,  sir.  1081 

Q.  All  of  them  this  side  of  the  fast  system  or 
automatic  system  ?  A.  Yes,  sir. 

Q.  Then  to  go  back  n  little,  the  chemical  system 
of  telegraphy  was  invented  perhaps,  in  1810  ? 

A.  Perhaps  it  might  be.  ' 


A.  Yes,  sir. 

Q.  That  .system  w 
decomposing  wn for 


s  :i  decomposing  system  either 
r  decomposing  salts  ? 


Q.  That  system  >vns  this :  The  passing  of  an  cl- 
1 08i2  eetrio  or  galvanic  current  through  acidulated  water, 
which  will  decompose  it,  throwing  the  oxygeii  on 
one  pole,  and  letting  the  hydrogen  out  into* the  air; 
and  that  hydrogen,  coining  out  makes  a  bubble 
which  an  observer  can  see  <  A.  Yes,  sir. 

Q.  Now,  having  a  vessel  with  two  circuits  pas- 
sing  through  them  wi'tli  the  current h  brought  into 
the  water  you  have  two  receivers  (lint  will  commu¬ 
nicate  signals  if  at  the  other  end  of  the  line'tlie  cir¬ 
cuit  is  made  and  broken  ?  A.  Yes,  sir.  • 

Q.  And  the  system  of  1810,  had  those  hvo  re¬ 
ceivers,  and  an  increased  strength  and  a  diminished 
1083  tbi.*  hunt 

A.  I  was  under  the  impression  that  he  employed 
a  wire  for  each  letter  of  the  alphabet. 

Q.  The  Cox.  system  or  1811,  had  two ; 

A.  1  don’t  remember  that. 

Q.  Beginning  it  was  to  have  one  wire  to  eneh 
letter;  now  take  that  system,  the  sounder  ut  one 
end  closed  the  circuit  at  letter  A, and  u  bubble  would 
burst  out  of  the  water  of  A  2  A.  Yes,  sir. 

Q.  And  the  receiver  would  know  that  A  was 
sent?  A.  Yes,  sir. 

n  °thoi'  let  ters  ?  A.  Yes,  sir. 

Q.  Then,  if  there  were  combined  in  it  two  vessels 
1 084 nnd  an  increased  current  were  sent,  by  combining 
these  you  got  up  the  system  of  arbitrary  signals 
that  you  could  work  the  alphabet  through  ?  ' 

A.  If  that  was  the  way  he  did,  you  could. 

A  '  Yw'sir*0  Morse  Alphabet  In  tlint  respect? 

-aSSssas--  "•“mp™,ns 

A.  The  next  system.  ' 


n;u  '“‘xt  in  ort1e*’  .time,  but  the  B« 
fJMtm  l  A.  Yes,  sir. 

■2:  1  ,,sed  decomposing  system  to  mark 
a  c,0/ P:ll,L;l;,,11)  nc,e  of  “"owing  bubbles  out  , 
•water  ?  A.  Yes,  sir. 

Q.  That  was  called  automatic  or  fast  ? 

A.  Uio  Bain  system,.  . 

von'ean'nowT  H®n,*’s  invention  of  win 

*  Q  ,,,,  .  1  sT°°i ?  A-  The  electro-magnet. 

Q.  I  ho  electro-magnetic  spool;  Hint  made  electrc 
magnetic  telegraphy  a  possibility  ?  A.  Yes  sir 
1  ™  «■  “wi.i 


•  .  New  York,  May  1st,  1877. 

Mr,  Wheeler  nqw.offerud  in  evidence  Exhibits  C 
ami  I),  of  which  copies 'lire  annexed  lo  Ihu  com- 
plii.ii.it.  Tin*  certificates  or  proof  are  as  follows  : 

.  .  Exhibit  C. 

'lOStl  Statu  ok  Mau'yi..\ni>,  )  .  ... 

Vilu  »f  Halt  hum,-,  i ,0  " ,f : 

IJe  it  remembered  that  at  the  city  of  Baltimore, 
aforesaid,  on  the  23rd  of  April,  1877,  before  me, 

(; . .  K.  Snngsron,  a  notary  pulilic  of  the  State  or 

Maryland,  resident.  in  the  rity  or  Baltimore,  and 
and  duly  appointed  and  qnalilied,  personally  ap¬ 
peared,  Daniel  Dorsey,  one  ol  the  stihscrihing  wit- 
aessrs  to  the  foregoing  instrument,  with  whom  I 
a  n  per  onnlly  acquainted,  who.  being  hy  me  dulv 
sworn,  did  depose  and  say  that  he  resides  in  the 
rity  or  Baltimore,  aforesaid  ;  that  he  knows  George 
ll.ST^1111'11"*™1’  f*l(!  imlividunl  deserihed  in,  and  who, 
as  well  for  himseir  as  the  duly  constituted  attorney 
of  Thomas  A .  Edison, executed  the  foregoing  instru¬ 
ments,  that.  the  said  George  Harrington  executed 
the  said  instruments  in  his  presence,  and  there¬ 
upon,  he,  the  said  Daniel  Dorsey,  snbscrihed  his 
name  as  a  witness  thereto. 

In  testimony  whereof,  I  have  here¬ 
unto  set  my  hand,  ailixed  my  official  seal 
[i,.  s.]  at  Baltimore  city,  aforesaid,  the  day  and 

year  first  above  written. 

G.  E.  SANGSTON, 

1088  •  Notary  Public. 

Cl.KlIK’s  OKFICK,  SOPKItlOK  ColtltT  OP  BaLTIMOKK 
,  City.  ' 

Baltimore,  April  25th,  1877. 

Statu  rf Maryland;  Baltimore  city,  set.: 

.1  hereby  certify  that  G.  E.  Siingston,  Esq.,  be-  ; 
fore  whom  the  proof  of  execution  of  the  foregoing  . 
instrument  was  made,  and  by  whom  the  annexed  ■ 


certificate  of  proof  was  made,  and  who  has  thereto 
subscribed  his  name  was, at  the  time  said  proof  was 
ir  cl  ?nd,  c01'tl,icate  given,  a 'notary  public  of 
the  a  fate  of  Maryland,  in  and  for  the  city  of  Balti¬ 
more,  duly  commissioned  and  sworn,  and  duly  au¬ 
thorized  to  take  the  said  proof  and  make  said  cer¬ 
tificate,-  and  that  to  all  acts  done  by  him  in  that  ca-1089 
pneity,  full  faith  and  credit  are  due  and  ought  to  be 
given,  and  that  his  signature  to  the  said  certificate 
of  proof  is  genuine. 

In  testimony  whereof,  I  hereto  set  my 
hand  and  nflix  the  seal  of  'the  Superior 
Court  of  Baltimore  city,  this  25tli  day  of 
April,  a,  n.,  1877. 

GEORGE  ROBINSON, 

Clerk  of  the  Superior  Court 

of  Baltimore  city.  iQOO 


Exhibit  D. 

Distkict  op  Columbia,  ) 

City  of  Washington.  f  ss-. : 

Be  it  remembered,  that  at  the  city  of  Washington 
afoiesaid,  on  the  24th  day  of  April,  1877,  before  me 
M  M.  Rolirer,  a  notary  public  of  the  district  afore¬ 
said,  resident  m  the  said  city  of  Washington,  and 
duly  appointed  and  qunhfied,  personally  appeared  1091 
Seaton  Monroe  one  of  the  subscribing  witnesses  to  . 
the  foregoing  instrument,  with  whom  I  am  person¬ 
ally  acquainted,  who  being  by  me  duly  sworn  de- 
poses  and  says,  that  he  resides  in  the  city  of  Wash¬ 
ington,  aforesaid,  that  lie  knows  George  Harring¬ 
ton  the  individual  described  in  and  who-as  well  for 
himself  ns  the  duly constituted  attorney  of  Thomas 
^regoing  instrument,  that 
tlie  said  Geoige  Harrington  executed  the said  instru- 


•812 

.  ment  in  liis  presence,  and  thereupon  lie,  the  said 
Seaton  Monroe,  snbscribecl  his  name  nan  witness 
thereto. 

In  testimony  whereof,  I  have  hereunto 
set  my  hand  and  aliixed  oflieinl  seal  at 
1092  *-1'-  Tasllineton>  ilfol'eSili<1)  tl»o  day  and  year 
' '  "  first  above  written. 

M.M.ROIIRER, 
Notary  Public. 

Ci.uiik’s  "Oekiou  ok  Tire  Sm>iy-:«K  Court  ok  tiik 
District  of  Coi.ij.mhia. 

District  of  Columbia,  ss.  : 

I,  R.  J.  Meigs,  clerk  of  the  said  Court,  do  hereby 
certify  that  M.  M.  Rohror,  Esq.,  whose  name  is 
1093sll','scl  ''je^  t0  the  certilicato  of  the  proof 'or  acknowl¬ 
edgment  of  tile  annexed  instrument  and  thereon 
written,  was  at  the  time  of  taking  such  proof  or  ac¬ 
knowledgment,  a  notary  public  in  and  for  the  said 
district,  dwelling  therein,  commissioned,  sworn  and 
duly  authorized  to  take  the  same. 

And  further,  that  I  am  well  acquainted  with  the 
hand  writing  of  said  .M.  Rohror,  and  verily  believe 
that  the  signature  to  the  said  certificate  or  proof  of 
:  acknowledgment  is  genuine,  and  the  said  instru¬ 
ment  is, executed  and  acknowledged  according 

■  to  the  laws  of  this  District. 

;  ,109-1  In  testimony  whereof,  I  have  hereunto 

set  my  name  and  affixed  the  seal  of  said 
Court,  this  24th  day  of  .April, -a. d.  1877. 

R.  J.  MEIGS, 

•  .  Clerk. 

,  By  M.  A.  .Clancy, 

Assistant  Clerk. 

Defendants  counsel  objects to  the  nd- 

•  mission  of  the  instruments  iii  evidence, 


upon  the  certificates  whicli  have:  been 
read.  There  is  no  objection  taken  to 
the  form  of  the  certificates. 

The  Court  after  argument  received  the 
exhibits  in  evidence  ;  defendants  except- 


Q.  Mr.  Edison,  have  you  searched  for  the  letter  of 
Mr.  Orton,  accepting  your  proposition,  that  was  • 
referred  to  yesterday,  and  of  which  you  were  shown 
a  press  copy  ?  A.  Yes,  sir. 

Q.  Can  you  iind  it '{  A.  No,  sir. 

Mr.  Dickerson,— We  shall  ask  to  have  the  letter  1096 
which  he  identified  as  the  copy  rend. 

Q.  You  said  this  was  a  copy  of  the  letter,  that 


[Letter  printed  on  page  18,  of  the  an¬ 
swer  of  the  Western  Union  Telegraph 
■  Company  marked  Exhibit  E,  and  put  in 
evidence.] 

■Q’  *f°'v>  Mr-  Edison,  was  your  agreement  of  the 
10th  of  August,  1878,  with  Mr.  Prescott,  known  to 
•and  approved  of  by  the  Western  Union  Company? 

A.  Yes,  sir. 

Q.  It  is  said  in  the  complaint,  that  the  assign¬ 
ment  by  Harrington  to  Jay  Gould,  which  is  said  in 
the  complaint  to  have  been  made  on  or  about  tile 
1st  of  January,  1870,  was  ratified  nnd  approved  by 

.you.  I  wish  to  ask  you  now,  when  that  paper  was 
executed,  ,  the  assignment  from  Harrington  to  Jav 
Gould  ?  .  .  / 

A.  I  cannot  say  positively. 

Q.  Within  limits,  about  what  time?  Your  as¬ 
signment  of  your  agreement  with  Jay  Gould  wns 


on  tlio  4t1i  tiny  of  January.  Now  in  reference  to 
that  time,  ami  liowlong  after  or  before  that  timo  d 
(if  it  was  after  or  before),  was  this  Harrington  | 
paper  done  ? 

A.  I  cannot  say,  because  I  don’t  know. 

Q.  You  don’t  know  when  it  was?  ! 

1098  A.  No  ;  I  was  not  there  when  it  was  executed.  i 

Q.  But  have  you  any  other  means  of  knowing  i 
when  it  was  executed  besides  being  present— wore  I 
you  told  by  Harrington  or  Gould  about  it  i 

Mr.  Wheeler. — We  object;  their  declarations  ; 
would  not  l)o  evidence  against  us.  Neither  Gould 
nor  Harrington  is  a  party  to  this  suit.  Tliede-  j 
clnrntion  of  an  nssignor  is  not.  evidencu  as  against  ] 
the  assignee. 

Q.  Hiive  you  any  means  of  knowing  wliutiier  it 
was  executed  before  or  after  your  agreement  of  the  | 
logo  4th  ot  January  i 

A.  I  have-  raison  to  believe  it  was  executed  after-  j| 

Mr.  Wheeler  moved  to  strike  out  the  '  =] 
answer  as  not  responsive. 

Q.  Now  tell  us  what  the  facts  are  upon  which 
you  say  you  have  reason  to  believe  that  V 

Mr .  Wheeler. — I  ask  the  court  to  instruct  the  -1 
witness  not  to  state  what  ho  was  toldby  others,  ' 
but  what  he  knows  himsolf.  SI 

1190  j \£r  x.omretj. — It  is  very  diflicult  to  maku  a  diff¬ 
erence  always.  It  may  bo  that  the  answer  may  not 
prove  to  be  such  as  should  be  received,  but  I  think 
that  a  fair  opportunity  should  bo  givon  us  to  get  at  Si 
tlio  fact  which  we  have  tried  to  got  at  by  calling 
the  subscribing  witness.  I  think  we  are  entitled  to  | 
liberalty  in  getting  at  the  fact  which  otherwise  is  | 
loft  in  doubt. 


Mr.  .Diehemon.—Yem-  Honor  observes  that  the 
cnnlructof  Edison,  executed  on.  the  4th  of -Janu¬ 
ary,  was  recorded  the  next  day.  That  which  pur¬ 
ports  to  have  been  executed  on  the  first  of  January, 
did  not  go  to  Washington  tor  record  until  March 
81,  after  the  decision  ot  the  Commissioner  ot  Pat¬ 
ents  on  the  question  ot  title.  And  our  hypothesis 
is  (and  we  have  every  reason  to  believe  it  to  be  true)  1 101 
that  this  paper  was  an  afterthought,  put  in  to  forti¬ 
fy  a  defective  title.  And  they  allege  in  their  com¬ 
plaint  that  this  gentleman,  whoso  deed  of  the  4th 
of  January  had  been  executed,  ratified  the  agree¬ 
ment  at  or  nbout  the  1st  of  .lanunry.  "And  it  may 
he  material  whether  he  ratified  tlio  agreement  as 
of  and  about  the  1st.  of  .lanunry. 

The  Court. — You  may  examine  him  rally  sis  to 
the  timo  he  ratified  ;  but  the  precise  question  now 
asked  may  be  objcetionsible. 

Mr.  fM-her.ion.-rUe  ratification  of  sin  ngrce-1102 
meat  iu  a  certain  time,  in  one  aspect  of  the  csise, 
might,  have  an  effect  upon  the  claim  of  title  derived 
through  it,  if  the  claim  were  made  at  the  time  that 
it  hears  dale,  aside  from  the  question  of  the  time  of 
ratihcation. 

The  Court. — If  it  can  be  proved  that  tlio  rsitifica- 
took  place  at  the  timo  it  is  alleged  to  have  taken 
place,  that  would  bo  evidence  that  the  instrument 
was  executed  at  the  time  of  its  date.  If  on  the 
other  hand,  he  rutilied  it  at  a  time  long  subse¬ 
quently,  although  it  does  not  prove  that  it  laid  not 
hcou  -previously  executed,  tlio  inference  might  ho  j 

Mr.  Dlclcermn. — And  in  that  point  of  view,  by 
connecting  together  the  different  parts  of  this  alle¬ 
gation — that  on  or  about  the  1st  of  January,  the 
deed  was  done,  and  then  about  tlio  time  of  the  exe¬ 
cution  of  it,  it  was  ratjiied;  that  connects  tlio  whole 
transaction  as  a  unit. 


The  Court.— You  may  .separata,  it  you  can  ;  Imf. 
as  to  tile  precise  form  of  the  question,  wlint  rea¬ 
sons  lie  had  for  liis  belief,  I  don’t  know  that  that 
is  admissible. 

Mr.  Dlekeraou. — 1  asked  the  facts  upon  which  lie 

1104  formed  that  belief.  • 

i,  The  Court. — IIo  must  state  ail  lie  knows  aboutit. 

.  If  it  turns  out,  upon  his  answer  to  the  question, 
that  the  facts  are  not  such  as  to  warrant  such  a 
*  belief,  of  course  I  will  bo  bound  to  reject  it. 

Mr.  Wheeler , — [  asked  your  honor  to  instruct  the 
witness  that  lie  was  to  give,  in  answer  to  tile  ques¬ 
tion,  not  information,  but  facts  within  his  knowl¬ 
edge.  IIo  had  been  asked  previously  'what  lie 
heard  ;  now  lie  is  asked  as  to  the  facts  within  his 

1105  kno"’le(lge.  He  may  think  thatwliat  has  been  told 
is  such  a  fact,  whereas  it  is  not.  I  have  no  objec¬ 
tion  to  tho  facts,  but'  tlie  witness’s  rccolluction  of 
statements  I  do  object  lo. 

Mr.  Dlckerxon.—l  will  withdraw  mv  question 
and  put  it  in  another  form. 

-Q.  Mr.  Edison,  did  you  ratify  that  impel-  of  the 
1st  of  January  ;  that  is,  the  paper  that  'boro  dale 
the  1st  of  January,  1875,  between  Harrington  and 
Gould;  aifd  if  so,  by  whatnot  did  you  so  ratify* 
it  ?  A.  I  am  not  sure  that.  I  ever  ratified  it. 

1 1 0G ^  "r,!lc  -von  !,sked  by  any  one  to  ratify  it :  and 
if  so,  who  asked  you,  and  what  was  the  request 
made  to  you'? 

A.  I  don’t  think  I  was  ever  asked  to  l-atiTy  it. 

.  Q-  Wien  did  you  first  hear  that  that  paper  was 
m  existence  ?  A.  Near  the  1st  of  February,  1875. 

Q.  Who  brought  that  knowledge  to  you  ? 

A.  I  think  I  was  told  so  by-Mr.  Gould-told  of 


Q.  Wore  you  shown  the  paper,? 

A.  I  ain  not,  sure  of  that;  I  have  seon  papers. 

Q.  When  did  you  first  see,  that  -paper,  as  near  as 
you  can  remember  ? - 

A.  Perhaps  it  was  in  February,  1875. 

Q.  Bid  you  hear  that  such  a  paper  was  to  be 
made  in  the  month  of  January,  1875  ?  1101 

A.  I  was  told  that  an  arrangement  would  be  made 
with  Mr.  Harrington. 

Q.  AVho  told  you  that?  A.  Mr.  Gould. 

Q.  When  was  that— was  it  the  time  you  executed 
your  agreement  ?  A.  Afterwards. 

Q.  After  you  executed  your  agreement  you  wore 
told  an  arrangement  would  be  made  with  Mr.  Har¬ 
rington  by  Mi-.  Gould  ?  A.  Yes,  sir. 

Mr.  Wheeler. — Now,  if  your  Honor  please,  I 
move  to  strike  out  that  answer. 

The  Court. — I  think  not.  I  waited  for  an  objee- 1 1 08 
tion  to  the  question,  and  was  somewhat  surprised 
that  it  was  not  made. 


Mr.  Wheeler.— Tf 


r  Honor  pleas-,  the  reason 


:|  that  1  did  not  take  the  objection  was  owing  to  the 


remark  that  your  Honor  made  to  my  former  objec¬ 
tion.  I  wished  first  to  have  it  asked  by  whom  the 
information  was  given. 

The  Court— I  will  give  you  an  exception  to  my 
ruling,  but  I  must  let  tho  answer  remain  for  what 
it,  is  worth  now. 

Mr.  Wheeler.— So  far  as  it  goes,  perhaps  ic  is  not 
very  important ;  but  I  would  suggest  to  counsel 
that,  if  oml  declarations  are  to  be  given,  that  he 
should  first  find  out  -who  made  them  ami  when 
they  were  made.  I  suppose  that  is  always  pi'oper 
as  preliminary. 

Mr.  pieherson..— It.luis  boon  the  rule  of  my  life 
to  be  an  humble  searcher  after  truth,  and  -  i  am 


310  • 


'  thankful  to  any  one  that  instructs  me,  and'  I  mii 
very  thankful  to  yon.  Now,  If  your  Honor  please, 
in  the  Kith  paragraph  of  the  complaint  n  claim  is 
made  to  an  application,  “  the  precise  nature  of 
which  is  unknown  to  the  plaintiff;”  and  1  now 
propose  to  show  the  identity  of  that  agreement  and 
the  agreement  printed  on  the  251st  page  of  the  Oni- 

1110  „ihns  Bill. 

Mr.  Wheeler.— Why  not  offer  it  nflirmativcly  in 
evidence, 

Mr.  Dickerson. — We  offer  this  paper,  it  being 
properly  proved. 

Mr.  Wheeler.— All  I  say  is  that  it  ought  to  go  in 
as  part  of  your  case,  and  not  on  the  cross-examina¬ 
tion  of  this  witness. 

Mr.  Dickerson. — It;  is  part  of  the  res  yestn.  This 
paper  concludes  the  entire  scries,  with  others  ;  and 

1111  in  that  aspect  we  are  offering  it,  not  for  any  other 
purpose  except  to  meet  all  that  is  alleged  on  their 
part. 

The  Court. — Do  you  propose  to  examine  the  wit¬ 
ness  in  regard  to  it  ? 

Mr.  Dickerson..— 1  think  I  have  a  few  quest  ions 
to  ask  him  ;  but  dropping  that  I  put  it  in  for  the 
purpose  of  concluding  all  that  series  of  papers' now 
in  this  case  ;  inasmuch  as  they  did  not  have  it,  lint 
.  we  set  it  out,  and  they  said  something  about  it;  1 
have  called  tlie  witness  for  the  purpose  of  impair¬ 
ing  whatever  effect  might  enure  to  it. 

1112  The  Court. — 1  will  take  it.  • 

Mr.  Wheeler.— \  would,  like  my  views  to  lie  un¬ 
derstood  about  it ;  this  is  not  lit  all  a  paper  nllogod 
in  the  complaint ;  the  agreement  in  the  complaint 
'  j  j  is  already  in  evidonce  ;  it  was  mi  agreement  between 
'•  the  Western  Union  Telegraph  Company  on  the  one 
side,  and  Prescott  and  Edison  on  the  other;  they 


I  have  gone  through  with  that ;  this  is  not  an  agree-, 

|  meat  between  the  Western  Union  and  Edison  and 
Prescott;  it  is  in  the  nature  of  a  quit  claim  to  the 
company,  and  cannot  he  claimed  in  any  sense  that 
|  we  allege  it  iu  our  complaint  ns  proof  of  title. 

The  Court. — t  will  admit  it  now.  If  the  object  1113 
is  confined  simply  to  the  point  that  it,  is  apparently 
nflirmntive  proof,  I  don’t  see  that  it  is  so  connected 
:|  with  their  defence  ns  to  be  necessarily  a  part  of 
.  ’  their  affirmative  defence ;  unless  the  evidence  is 
wholly  inadmissible,  in  these  equity  cases,  it  is 
hardly  worth  while  to  spend  time  in  urging  the 
|  objections. 

[Plaintiff’s  counsel  excepts.  Agree- 
f|  ment  for  mutual  release,  marked  Exhibit 

;:|  2ff,  dated  Dec.  14,  1875,  put  in  evidence.] 

■I  Re-Mr ecthy  Mr.  Wheeler:  1114 

Q.  You  were  asked  about  Mr.  Craig,  who  is  Mr. 

;|  Craig? 

if  A.  Mr.  Craig  was  a  telegraphic  adventurer. 

\  Q-  Wlmt  connection  did  he  have  with  the  Auto- 

12  matic  Telegraph  Company  ? 
j||  A.  lie  was  a  promoter. 

Q.  Of  that  company  ?  A.  .Yes,  sir,  one  of  them. 

Q.  He  was  not  an  inventor,  was  he  ? 

A..  I  believe  not. 

Q.  W.lien  or  about  what  time  was  that  company 
formed?  A.  A^utl871. 

Q.  Had  it  not  been.mnde  a  question  among  scienti- 1116 
lie  men  and  practical  telegraphers,  whether  the  auto¬ 
matic  system  of  telegraphy,  ns  it  existed  before  the 
%  improvements  which  were  made  by  yourself  and 
;J  Mr.  Littlo,  was  practically  any  faster  ’in  its  oper- 
1  ation,  in  a  business  point  of  view,  than  the  Morse 
S  system? 

|  A.  It  was  olaimed  by  many  that  it  was  not  so 
:i  fast. 

I  Q.  Now,  in  wliat  respeot  was  it  not  ns  fast  ? 


•'321 


•  T  A.  In  the  transmission  ofa  given  amount  of  busi¬ 
ness  in  a  given  time— I  mean  receiving  the  messages 
;  anti  delivering  them,  ... 

Q.  Prom  tile  time  the  messages  came  into  the 
office  until  they  were  written  out  anti  ready  for  de¬ 
livery  at  tile  receiving  station  ?  A.  Yes. 

Jllfi  Q.  What  was  the  reason  for  that? 

A.  Because  at  tiiat  time  they  had  no  rapid  means 
of  perforating  the  messages  for  transmission. 

Q.  And  one  of  the  principal  improvements,  as  I 
understand  it,  that  you  effected  in  that  system  was 
to  increase  the  speed  at  which  the  messages  could 
.  he  perforated?  A.  Yes,  sir. 

Q.  Now,  what  was  the  scope  of  Mr.  Little’s  in-, 
volition,  and  the  general  purpose  that  he  pursued 
prior  to  1871,  in  regard  to  automatic  telegraphy  ?  f 
A.  His  purpose  was  ro  increase  the  speed  of 
transmission,  and  also  to  increase  the  speed  by  i 
1117  "  t'10  mps3ugos  could  he  perforated ;  that  was  I 

his  object.  h 

Q.  To  what  extent  did  he  succeed  before  1871  ;  f 
what  had  lie  accomplished  up  to  the  time  of  this  b 
agreement  between  yourself  and  Harrington,  in 
April,  1871  ? 

A.  To  my  own  knowledge,  ho  had  decreased  the  : 
natural  speed  of  the  wire  instead  of  increasing  it.  ' 
Q.  What  had  lie  accomplished  in  regnrd  to  the  '' 
perforating  of  the  paper,  if  anything?  S 

A.  He  had  obtained  a  patent  for  n  magnetic  per-  | 
fomtor,  which  perforated  7  words  per  urinate;  it  k 
was  somewhat  slower  than  those  already  existing.  I 
-TI18  Q.  Explain  to  the  Court  ulmt  you  mean  by  his  ?i 
having  the  speed  decreased.  By  the  natural  speed  § 
of  the  wire  you  mean  the  natural  capacity  ?  | 

A.  The  .natural  capacity  without  nny  appliances  @ 
whatever ;  the  natural  speed  ovor  the  wire,  under  a  1 
given, condition,  with  given  chemicals,  wouldbciOO  ft 
words  per  minute,  and  the.  devices  applied  bv  Mr.  g 
Little  dooreased.it  to  80  words;  *  jg 

Q.  Was  there  any  technical  meaning  in  which  the  |l 
word  “fast”  was  employed  among  persons  con-  jf 


■  nested  with  the  business  of  telegraphing  prior  to 
April  4,  1871. ?• 

A.  I  think  not,  because  the  word  was  invented 
or  applied  about  tiiat  time. 

Q.  What  was  the  claim  made  by  Craig,  in  regard 
to  the  application  of  that  word  to  automatic  tele¬ 
graphy?  1119 

Mr.  Dickerson. — That  is  riot  competent.  iWe 
object  to  that. 

Mr.  Wheeler.— You  asked  him  about  it. 

Mr.  Dickerson. — No ;  I  never  asked  him  what 
claim  Craig  made  about  anything.  You  called  that 
out.  I  tried  to  put  Craig’s  claim  in  in  a  written  , 
paper,  and  you  would  not  let  me. 

Q.  I  ask  you  what  you  meant  by  your  answer 
that  you  gave  Mr.  Dickerson,  that  the  word  “fast”  j|2o 
was  applied  by  D.  H.  Craig,  and  persistently  kept 
before  the  public. 

A.  I  mean  that  he  applied  that  word  to  the  au¬ 
tomatic  system,  of  Mr.  Little. 

Q.  As  distinguished,  I  think  you  stated,  from 
tlio  Morse  system  ? 

A.  As  distinguished  from  tlio  Morse  system. 

Q.  Was  it  not  very  much  disputed  at  that  time 
among  those  that  were  concerned  with  telegraphy, 
as  to  whether  tlio  word  fast  was  properly  applic¬ 
able  to  this  Little  system  ? 

A.  I  don’t  think  there  was  any  controversy  over 
the  word  at  that  time.  1 1 21 

Q.  Was  it  not  shortly  after  that  tiiat  there  was 
such  a  discussion  or  controversy  ? 

A.  I  think  it  was  about  a  year  ago  that  that  dis¬ 
cussion  arose ;  or  a  year  and  a  half. 

Q.  I  am  not  asking  you  ns  to  whether  there 
was  a  discussion  about  its  application  to  any¬ 
thing  ;  but  was  it  not  very  much  discussed  at  that 
time -whether  it  was  property  applicable  to  the 


Little  system— to  tlio  system  that  Craig  was  pro¬ 
moting. 

A.  I  do  not  seem  to  understand  the  question. 

Q.  You  say  that  Craig  applied  the  word  to  this 
system  of  automatic  telegraphy,  and  claimed  that  it 
wns  a  fast  system  ?  A.  Yes. 

Q-  Ltow,  was  it  not  disputed  by  others  interested 
m  other  systems,  as  to  whether  the  little  system 
was  really  a  fast  systom  or  not  ? 

A.  I  don’t  know. 


|  Q.  State  whether  or  not  this  word  “  fast,”  had 
Incquired  in  1871,  amongst  those  who  were  ae- 
Iqiiainted  with  the  subject  of  telegraphy,  an  appli¬ 
cation  to  automatic  telegraphy  to  the  exclusion  of 

H  A.  I  cannot  answer  that  question  ;  I  know  that 
fSjmig  used  the  word  “fast”  telegraphy  in  several  1124 
lartioles.  and  that  is  all  I  know  about  it ;  therefore, 

Wl  cannot  answer  the  question. 


JWh  Wheeler.-^ The  question  is  whether  the  word 
had  come  to  have  an  application  that  was  recog- 
nized.  °  ; 

The  Oourl.—I  don’t  see  that  an  answer  to  the  j 
119q  <Iuustl0'1  would  have  any  bearing  upon  the  signili-  j 
1 1 M  cance  of  the  word.  In  the  absenCo  of  anv  evidence  i 
to  the  contrary  it  assumes  the  significance  which  1 
has  been  ascribed  to  it. 


The  Court. — Do  you  know  of  any  other  system 
5|e£o  which  it  was  applied  by  persons  familiar  with 
jlgnlie  art  of  telegraphy  in  1871  ? 

OS  A.  In  conversation,  one  electrician  might  say  to 
gafthe  other,  which  is  the  faster,  the  Wheatstone  or 
ggMtlic  American  automatic;  and  he  might  reply  the  1131 

-If  The  Court. — I  do  not  think  that  this  is  responsive 

Jto  my  question ;  do  you  know  of  any  other  system 
than  the  automatic,  io  which  the  word  “  fast”  was 
applied,  and  recognized  as  applicable  among  elec¬ 
tricians,  those  familiar  with  the  art  of  telegraphy 
in  1871  ?  A.  Literally,  no. 


I'M  Q.  Suppose  you  had  seen  in  a  telegraphic  jour-  U2G 
lllP'al  un  iu'ticle  which  1  now  read  to  you,  dated  Sop- 
S&ember  15th,  1874,  entitled  “Prist  Systems  of  Tele- 
■fjffgraphy,”  and  beginning,  “Our  present  issue  con- 
IfWtains  a  paper  on'uuroinntic  telegraphy,”  and  going 
||®on,  “During  the  past  few  months  Mr.  George  B. 
IfPrescottandMr.  Tlios.  A.  Edison  have  been  indus- 
iMtriously  at  work  upon  their  new  qundruplex  tele- 
Ifgraph,”  would  you  not  have  understood  by  tlint 


article  Mint,  the  quadruple*  telegraph  was  included 
in  tlio description  “  Fast  Systems  of  Telogrnphy,” 

•  as  as  well  ns  of  automatic  2 


Q.  Do  you  understand  Hint  there  has  been  any 

I  change.in  the  meaning  of  the  word  “  fast”  as  em¬ 
ployed  among  scicntiiiemen  between  1871  and  1871 
as  applied  to  a  system  of  telegraphy. 

Objected  to  as  incompetent. 

j! If.  Wlieeler. — What  I  desire  to  show  by  this 
witness  is  that  the  word  fast  was  applied 
simply  as  a  recommendation ;  that  it  laid 
no  technical  sense  whatever;  that  it  lias 
had  no  technical  sense  at  any  time.  To  show  that 
1  might  read  to  him  citations  from  a  journal  puli 
lislied  by  the  Western  Union  Telegraph  Company, 

1123  showing  that  the  word  fastwas  applied  to  them  all; 
that  it  was  a  discussion  not  as,  to  tin.  l<  chined 
meaning  of  the  word,  hut  as  to  the  meaning  in  thu 
sense  of  recommendation.  Craig  culled  his 
system  fast  because  lie  thought  it  would  do  more 
work,  and  be  moru  advantageous  than  thu  others. 

The  Court. — The  propriety  of  tlmt  courso  of  in¬ 
quiry  would  depend  to  some  extent,  and  perhaps 
altogether  upon  your  position  as  a  counsel  examin¬ 
ing  your  witness,  or  as  counsel  for  another  party 
cross-examining  him.  You  exhausted  your  witness 
on  thu  examination  in  chief,  and  tiio  counsel  have 
on  cro8S'wa,“iinod  him.  You  propose  to  enter  into  a 

I I  cross-examination  .  of  the  evidence  elicited  by 
them.  You  can  ask  him  the  meaning  of 
the  word  and  its  application  at  that 
tjine  ;  when  you  come  down  to  specify  par¬ 
ticular  instances,  and  ask  him  whether  there  lias 
been  a  change,  I  think  it  is  transgressing  the  oiili- 


Mr.  Lmrey.— The  gentleman  said,-  in  his  open- 
g,  he  would  give  no  evidence  on  that  subject,  but 
mild  reserve  it  for  rebuttal,  if  it  were  then  need- 
I ;  at'  any  into,  since  it  is  not  a. part  of  tlieir  case, 
id  tlie  witness  is  theirs,  and  the  examination  is  in 
e  nature  of  a  cross-examination,  wo  think  we  are 
'lit  in  interposing  an  objection: 

The  Court.— I  will  allow  the  question,  but  the 
quiry  must  lie  circumscribed. 

Q.  Do  you  mean  to  be  understood  as  saying  that 
e  word  “fast”  had  not  been,  before  1871,  ap- 
ied  to  any  system  of  telegraphy  but  automatic  1 
A.  It  might  have  been,  lint  not  to  my  knowledge. 

The  Court.— You  do  not  know  of  its  having  been 
iplied  to  any  other  system,  but  for  aught  you 
low  it  may  have  been  applied  to  other  systems  ; 
that  what  you  mean  2 
A.  Yes,  sir,  that  is  what  I  mean. 

Q.  You  said  yesterday  on  cross-examination  that 
ter  you  had  made  these  agreements  withHurring- 
n,  you  continued  to  use  for  a  time  the  shop  in 
3wark  that  lie  put  up,  or  that  was  put  up  at  his 
pease 2  A.  Yes,  sir. 

Q.  Did  you,  after  moving  that  shop,  continue 
air  experiments  and  inventions  in  automatic 
legraphy  2  A.  Yes,  sir. 

Q.  AVns  that  done  in  pursuance  of  the  agreement 
tween  you  mid  Harrington  2 
A.  That  portion  of  it  which  referred  to  inven- 
ms — yes,  sir. 

Q.  But  you  discontinued  the  manufacture  of  in- 
I'unients  2  A.  Yes,  sir. 

Q.  Now  the  machinery  that  had  been  put  into 
that  shop  which  was'  built  with  his  money,  was 
used  by  whom  after  you  left  that  shop  ? 


1134 


A.  TTis  own  men  under  his  own  direction  ;  I  think 
the  nutnmntic. 

Q.  You  were  doing  work,  us  you  said  yestordny, 
for  the  Gold  and  Stock  Coinjnmy  ?  A.  Yes,  sir. 

Q.  And  you  were  nsked  whether  your  work  for 
them  did  not  amount  to  as  much  as  $150,000  in 
1133  value.  During  what  time  was  the  work  done 
which  amounted  to  that  sum  1 

A.  From  1SC0  to  perhaps  1873. 

Q.  Who  was  this  Mr.  Miller  to  whom  this  first 
letter  of  Mr.  Orton  [Exhibit  8]  is  directed.  . 

A.  Mr.  Miller,  at  that  time,  was  the  secretary, 
and,  1  believe,  the  treasurer,  of  the  Gold  and  Stock 
Telegraph  Company. 

Q.  Of  this  same  company  for  which  you  laid 
been  doing  work  1  A.  Yes,  sir. 

Q.  What  communication  had  you  laid  with  Mr. 
Miller  on  the  subject  of  your  inventions  before  this 
is  written  to  him  by  Orton  ! 

A.  AVhicli  letter  do  yon  refer  to! 

Q.  There  is  only  one  letter  in  evidence  that  was 
written  by  Air.  Orton  to  Mr.  Miller ;  that  is  a  letter 
in  which  Orton  says  to  Miller  that  lie  would  be 
glad  to  see  you.  How,  I  ask  you  if  you  laid  any 
communication  with  Miller  before  that  time  with 
reference  to  the  subject  matter  of  that  letter ! 

A.  Yes,  sir. 

Q.  Had  you  with  Mr.  Orton  ? 

A.  I  don’t  remember. 

Q.  Is  not  this  your  recollection :  that  you  laid 
not  seen  Air.  Orton  in  regard  to  any  of  your  inven- 
1135 tions  before  that  letter  was  written— that  you  per¬ 
sonally  had  not  ? 

A.  I  can’  t  recollect  if  I  laid  or  laid  not. 

Q.  What  had  you  been  doing  before  that  letter 
was  written  to  Aliller  in  regard  to  inventions  in  du¬ 
plex  telegraphy? 

A.  I  had  been  experimenting  with  them. 

Q.  For  a  number  of  years  had  you  not  ? 

A.  Yes,  sir. 

Q.  Had  you  not  ut  the  time  that  letter  was  shown 


you  by  Miller  got  those  inventions  in  duplex 
:elegmpliy  into  such  shape  in  your  laboratory  that 
thought  they  could  be  put  into  practical  use 
upon  nn  extended  circuit  t  A.  Some  of  them. 

Q.  Are  the  inventions  to. which  you  have  just  re- 
irred  those  which  are  shown  in  the  drawing,  Ex- 
[liibit  0  ? 

A.  What  is  the  date  of  the  letter  ?  1136 

Q.  February  (Stli,  1873  ?  A.  Some  of  them. 

Q.  Some  of  those'  inventions  shown  in  the  dia- 
mm  were  those  which  you  thought  you  had  got 
ito  practical  shape  so  that  you  could  work  them  on 
long  circuit?  A.  Yes,  sir. 

Q.  Are  nny  of  the  inventions  which  are  exhibited 
i  these  diagrams  embodied  in  the  applications 
rliicli  are  in  question  in  this  suit,  that  is  to  say,  04 
>100,  and  111  toll3  ?  A.  I  think  there  are  some. 

Q.  Look  at  Exhibit  0,  and'  tell  us  which  of  the 
lingrnnis  that  are  mentioned  there  are  included  in 
these  applications  ? 

A.  There  is  one  complete  invention,  and  the  ap- 
[plication  of  the  principle  in  the  other. 

Q.  Which  is  that  numbered  in  the  diagram  ? 

A.  07  is  the  complete  one. 

Q.  AVliat  is  it  in  the  diagram  ?  A.  13.  .  „ 

Q.  Then,  what  is  marked  in  the  diagram,  “Du-\  kj>0^Q 
ilex  13,”  is  substantially  the  same  ns  case  07  ?  )' 

A.  Yes,  sir.  7  ' 

Q.  Is  there  any  other  of  those  diagrams  (Exhibit  • 

lifo)  embodied  in  those  indications  ? 

A.  The  principle  of  one  of  those  is  embodied  in 
ise  00. 

Q.  AVhicli  one?  A.  10. 

Q.  The  principle  of  what  is  numbered  in  those 

t diagrams',  “  Duplex  No.  10,”  is  embodied  in  case 
00?  1138 

A.  The  principle  is— yes,'  sir. 

Q.  But  the  devices  which  you  employed  in  case 
00  to  develops  that  principle  and  make  it  practi- 
j cully  operative  are  different  from  those  shown  in 
if  duplex  10,  are  they  not  ? 


Is  Micro  nny  oilier  of  thus  li  g  is  I 
mi'  embodied  in  those  applications  2 
A.  They  limy  be  obscurely— devices. 

Q.  Well,  T  mint  your  best  judgment,  you  si 
there  may  be 2 

, ,  A.  it  would  take  me  a  little  time  to  give  nn  a 
11,19  swer  to  that, 

Q.  Perhaps  during  recess  you  will  look  ovi 
them  lignin,  so  that  you  can  answer  that  qneslii 
more  fully  when  the  Court  meets  after  recess  ? 

A.  Yes,  sir. 

Q.  When  did  you  give  the  diagrams,  Exhibit  ! 
to  Mr.  Orton  2 

A.  About  the  date which  they  bear. 

Q.  Were  they  sent,  so  far  us  you  know,  by  Mi 
Orton  to  Mr.  Sorrell,  or  did  you  send  them  to  Mi 
Sorrell 1 

A.  I  don’t  think  they  were  ever  sent  to  Mr  Set 
1140 ro,K 

w  ?'  T”“  .."'’'‘f  t,lilt  directed  to  Mr.  Serr.-I 

A.  Yes,  sir ;  I  think  it  was  never  sent. 

Q.  When  did  you  draw  those  diagrams  ? 

A.  About  that  date. 

Q.  I  think  you  said  you  had  a  book  in  which  voi 
made  rough  sketches  of  your  inventions  and  vein 
experiments 2  A.  Yes,  sir. 

Q.  And  is  not  this  made’ up  in  better  or  neuter 
form  from  the  drawings  in  that  book  2 
A.  \es,  sir ;  picked  out. 

Q;  Then  as!  understand  you,  the  inventions 
. ...  H  " "J  fl,?se  drawings  had  been  brought 

1141  to  the  state  of  perfection  which  is  shown  in  those 
drawings  before  February,  1873  2  "  ■ 

A.  Yes,  sir;  as  shown  in  the  drawings, 
von  Imd  wi,.J0,lnSilia  0,"  ul’08S'ex"ini"ation  thiitnfter 
had  d,Uwi"S3  t0  M*.  Orton,  von 

i„  ilfere  cn°tn  ,,U<ll"S  bj’  W<ml  0t mo,,tl1  w!,h  ,,in,i 
in  lelerenco  to  your  inventions  ?  A.  Yes  »!.. 


Q.  When  did  you  have  that  understanding  with 
ini, — when  was  it  made  ? 

A.  About  this  time  ;  February  5th,  1873. 

Q.  Whero  was  it  mado? 

A.  I  think  in  his  oflice,  145  Broadway,  New 


mo  as  near  as  you  can  roiuember  ?  1142 

A.  He  said  go  on  .and  devise  all  the  different 
ays  of  making  duplex  telegraphs,  and  also  im- 
rovcinents  on  the  Steam’s  duplex,  and  he  would 
uy  them  at  a  reasonable  price  to  be  hereafter 
greed  upon. 

Q.  What. did  you  say  when  he  said  that? 

A.  All  right. 

Q.  Was  anything  said  between  you  and  him,  at 
mt  time  about  an  arbitration,  in  case  you  and  lie 
■mid  hot  agree  ns  to  the  price  2 
A.  I  don’t  remember  that. 

Q.. Then  you  don’t  remember  whether  anything 4443 
us  said  about  arbitration  or  not?  A.  No,  sir. 

Q.  After  you  had  said  all  right,  what  did  you 
i>  ?  A.  I  went  to  work. 

Q.  You  didn’t  go  to  work  in  his  room  2 
A.  No,  sir. 

Q.  You  went  back  to  your  shop  2  A.  Yes,  sir. 

Q.  Then,  as  I  understand  you,  after  this  inter-  ) 
iew  with  Orton,  you  went  back  to  your  shop,  and 
made  further  experiments  in  various  improvements 
in  duplex  telegraphy  ?  A.  Yres,  sir. 

Q.  And  after  you  had  made  these  experiments, 
you  sent  this  little  memorandum  to  Mr.  Miller: 
“Want  order;  go  in,  W.  U.  (that  is  in  the  West- 
mi  Union  Telegraph  Company)  nights,  to  feel  the  1144 
pulse  of  my  patients.”  Exhibit  10  2  A.  Yes,  sir. 

Q.  What  was  the-  object  of  your  going  in  to  the 
Western  Union  Telegraph  Company’s  building? 

A.  I  bad  a  great  amount  of  apparatus  and, hypo¬ 
thetical  combinations  that  I  wanted  to  try  on  the 
real  wire,  to  see  whether  they  would  work. 


with  Orton,  and  before  yon  gave  tins  memorandum 
to  Mr.  Miller  (Exhibit  10)? 

A,  Perhaps  I  had  ;  I  was  malting  them  all.  the 
time— four  or  live  a  day. 

Q.  Do  you  remember  how  many  days  there  were, 
or  about  how  many,  between  the  time  you  had  this 
conversation  with  Orton  and  your  giving  this  mem¬ 
orandum  to  Miller? 

A.  I  couldn’ t  remember  that. ' 

'  Q.  Was  it  as  much  as  a  week  ? 

A.  My  recollection  is  very  indistinct  about  it. 

Q.  How  is  your  memory  as  to  dates? 

■  A.  I  have  got  no  memory  at  all  for  dates. 

Q.  In  reply  to  this  memorandum,  what  order 
did  you  get  ? 

A.  I  got  an  order  from  Mr.  Orton,  I  think  ad¬ 
dressed  to  General  Eckert,  to  allow  me  to  go  into 
the  operating  room  of  the  AVestern  Union  Tele¬ 
graph  Company. 

/Q.  AVliat  instruments  of  your  own,  did  you  tnko 
to  that  operating  room  ? 

A.  A  couple  of  baskets  full. 

Q.  AArere  those  the  instruments  you  had  been  us¬ 
ing  in  your  own  shop,  in  experimenting  on  the  du¬ 
plex  ?  Yes,  sir. 

Q.  AYlio  made  those  instruments  ? 

A.  They  wore  made  out  of  old  truck  that  I  had; 
had  for  years. 

Q.  You  made  them  ? 

A.  I  made  the  combinations ;  some  Were  new, ; 
and  some  were  made  of  old  ones  that  I  had  had.  , 

Q.  But  in  the  shape  in  which  you  took  theui: 
there,  they  were  made  by  you  or  under  your  direc¬ 
tions,  in  your  shop  in  Newark?  A. Yes,  sir. 

Q.  Didn’t  you  lind  in  the  course  of  these  experi¬ 
ments  which  you  have  just  mentioned,  when  you 
came  to  apply  them  on  the  wires,  that  some  of  them 
which  worked  Well  enough  in  tho  laboratory  would 
not  work  on  n  I6ng  circuit  ?  A.  Yes,  sir. 

Q.  AVliat  circuit  did  you  first  try  these  instru- 


V.  I  would  hnvo  a  doxen  different  circuits  in  one 
lit. 

Q.  Between  what  places  1 
L  Loop  circuits,  returning  from  New  York  to 
jany  and  back,  giving  mo  the  two  ends. 

).  AArhat  was  the  longest  circuit  you  tried  them 
at  first? 

V.  Duplex  do  you  mean? 

J.  Yes,  sir?  A.  Buffalo  and  back. 

J.  AVliy  was  it  that  you  got  permission  to  go  at 
;ht  to  the  AVestern  Union  Telegraph  Company’s 
building  ? 

V.  Because  I  could  not  get  the  wires  at  any  other 
■e  than  at  night. 

J.  That  was  the  time  when  they  were  not  using 
:se  wires  in  the  business  of  tho  company  1 
A.  Yes,  sir ;  I  could' get  the  wires  between  two 
il  seven  in  the  morning ;  I  could  get  all  the  wires 
lesired. 

3.  At  that  time  those  wires  that  you  used  were 
t  required  for  the  business  of  the  Company  ? 

A.  No,  sir. 


3.  Have  you,  during  recess,  been  through  these 
igranis  on  Exhibit  0  ?  A.  Yes,  sir. 

3.  Do  you  ibid  that  there  are  any  of  these  ex¬ 
cept  the  ones  that  you  have  mentioned,  that  are 
embodied  in  the  applications  in  controversy.? 

A.  Yes,  sir. 

Q.  AVliicli I  A.  Numbers  12  and  If). 

Q.  AAUiich  is  12  in  ? 

A.  12  is  similar  in  some  respects  to  94. 

Q.  AVliicli  is  1C  in  ? 

A.  It  is  similar  in  some  respects  to  04  also . 

Q.  You  have  both  of  those  in  04  ?  A.  Yes,  sir. 
Q.  None  of  the  others  are  embodied  in  tho  appli¬ 
cations  in  this  suit? 

A.  Number  4  is  similar  in  some  respects  to  08: 

O.  Are  there  anv  others  ?  A.  No,  sir. 


Q.  12  si  lid  15  have  undergone,  iis  1  understand 
you,  cniisidcrnhlom'odilicnlioiis  before  they  got  into 
the  shape  embodied  in  0-1  ?  A.  Yes,  sir. ' 

Q.  Describe  to  wind  extent  J2  mid  15  are  in¬ 
cluded  in  04  ! 

1151  '  The  Court. — Bid  the  point  to  which  you  lmve 
referred  relate  to  the  principle  or  to  matters  of 
device  ?  A.  .To  the  principle. 

Q.  The  devices  tiro  different?  A.  The  devices 
are  somewhat  different,  not  altogether  different ; 

.  Hiev  are  similar  in  respect  to  this :  that  the  receiv¬ 
ing  instruments  are  not  in  the  mainline  circuit,  but 
are  worked  by  induction. 

Q.  Is  that  the  only  respect  of  similarity  or  dis¬ 
similarity?  A.  They  both  have  a  polarized  relay  . 
as  a  receiving  instrument. 

1152  The  Court. — Which  are  you  speaking  of  now? 
A.  Of  12,  15,  and  04. 

The.  Court. — 12  and  10  are  to  some  extent  em¬ 
bodied  and  re  produced  in  04  ?  A.  Yes,  sir. 

Q.  And  you  used  the  polarized  relay  in  combin¬ 
ation  with  the  induction  coils?  A.  Yes,  sir. 

.  Q.  Describe  to  the  Court  the  extent  to  which 
diagram  10  is  embodied  in  case  00  ? 

.  A.  It  is  embodied  to  this  extent ;  that  one  mes¬ 
sage  is  received  from  an  instrument  worked  by  a 
n-aH^0™!11  °r  tlle  direction  °r  the  current,  whereas 
Hod  the  other  message  is  received  by  an  increase  and  a 
decrease  of  the'strenth  of  thosu  reversals. 

Q.  Are  the  devices  which  are  employed,  in  10,  to 
work  out  .that  principle  which  you  luivo  just  stated, 
different  from  those  which  are'  employed  in  00? 

A.  Some  of  them  nro  different. 

Q.  State  which  are  similar  in  the  two  ? 

A.  The  polarized  relay  and  the  keys;  that  is 

about  all  tlie  similar  devices. 


,Q.  What  is  there  in  duplex  No.  4,  Exhibit  0,  that 
you  lind  in  application  08? 

A.  The  similarity  consists  in  two  opposing  lmt- 
terries,  one  or  which  is  short  circuited  to  allow  the 
other  to  act,  and  a  shunt  placed  around  the  receiv¬ 
ing  instrument  simultaneously  with  the  short  cir- 
cuit  of  the  opposing  battery.  111,4 

Q.  And  that  is  what  you  call  in  the  first  claim  or 
ease  98,  the  local  equating  battery,  is  it  not  1 
A.  In  case  9S  1  used  a  separate  battery  for 
equating,  whereas  in  number  4  I  used  the  opposing 
battery  for  the  same  purpose.  ' 

Q.  Thu  result  produced  by  the  equating  battery 
is  similar  to  that,  which  in  the  other  you  produce 
in  the  opposing  battery  ? 

A.  Yes,  sir ;  a  similar  effect. 

Q.  In  other  words,  you  say  in  connection  with 
that  invention  one  was  the  mechanical  equivalent 
of  the  other?  .  ,  ■  T,  ,.1155 

A.  It  is  electrical  and  not  mechanical ;  I  don  t 
say  that :  the  effects  are  equivalent,  perhaps. 

Q.  The  effects  are  equivalent,  and  they  are  used 
hi  connection  with  that  particular  invention,  to  ac¬ 
complish  the  result  upon  the  invention,  or  m  refer¬ 
ence  to  the  invention  ! 

A.  Y'es,  sir;  the  same  result. 

Q.  You  wrote  a  letter  to  Mr.-  Miller  on  tlie  4tli  of 
April,  1873,  in  which  you  say  you  are  ready  to  ex¬ 
hibit  and  close  the  thing  up.  W  hat  did  you  mean 
by  saying  that  you  wore  ready  to  exhibit  and  close 

^'a!' T'polhlps  meant  that  I  had  a  number  of  du-  1 156 
plexes  which  would  work  satisfactorily  on  llmlme, 
and  that  I  should  like  to  show  them  to  Mr.  Oi  on, 
and  from  the  understanding  that  I  had  with  lmn 
get  the  money  from  him.  ,  ,  , 

O  Now  vou  go  on  to  use  this  word  duplex  ; 
and  then  you  say  “  I  experimented  22  nights— tried 
23  duplex  systems.”  Where  were  those  22  .lights 
spent  in  tlioso  experiments  ?  A.  In  tlie  Western 
Union  Telegraph  Company’s  office,  145  Broadway. 


Q.  Anil  those  wore  spent  bet  ween  the  (lutes  shown 
in  the  diagram  that  yon  lmil  in  your  hand  (Exhibit 
’  0)  anil  April  the  4tli,  1873  ?  A.  I  think  they  were. 

Q.  Can  you  say  that  some  of  those  nights  that 
are  referred  to  in  the  lncinoranilmn  or  letter  were 
not  spent  in  your  shop,  or  on  some  other  line  than 
1157  tho  line  or  the  Western  Union  Telegraph  Com¬ 
pany  ?  A.  I  could  not,  because  I  don’t  know 
whether  those  were  consecutive  nights,  or  whether 
they 'meant  the  total  amount  ot  the  work  spread 
over  a  greater  lime. 

Q.  Were  any  or  the  23  duplex  systems,  that  you 
mentioned  here  in  this  letter,  ns  having  experiment¬ 
ed  upon  the  duplexes  shown  on  the  diagrams, 
Exhibit  0  2  A.  Some  ot  them  were. 

Q.  And  some  were  others,  that  you  had  subse¬ 
quently  devised?  A.  Yes,  sir.  - 
Q.  Do  you  remember  how  many  ot  Jhnm  were 
1 1  _R  those  shown  in  the  diagram ? 

* 1 00  A.  No,  sir ;  I  don’ t  think  I  put  all  in  this  paper, 
that  I  had  at  the  time;  I  thought  they  were  in.plen- 

’  Q.  You  say  in  this  paper,  “  eight  were  good.” 
Do  you  remember  which  those  were  with  reference 
to  that  paper?  A.  No,  sir. 

Q.  Yon  say  one  of  which  requires  no  special  in¬ 
struments  ;  a  single  Wire  run  in  a  peculiar  manner 
in  a  Morse  set  of  instruments,  transforms  into  a 
duplex ;  is  this  single  one  that  you  speak  of,  one 
of  those  shown  in  diagram  No.  9  ? 

A.  I  think  it  is  not  in  this  diagram. 

1159  Q.  You  think  that  was  a  new  one?  A.  Yes,  sir. 
Q.  You  say  ten  models  for  ten  different  duplex 
have  been  delivered  to  Munn  &  Co.,  Patent  Solici¬ 
tors?  A.  Yes,  sir. 

Q.  Wore  those  models  the  models  for  the  appli¬ 
cations  that  have  been  spoken  of  ns  cases  A  to 
H?  A.  Yes,  sir. 

Q.-  There  were  two,  besides  those  from  A  to  II  ? 
A.  I  believe  they  were  not  duplex. 


..  v  '  vour  orossroxitmination  in  con¬ 

nection  with  tins  subject,  that  the  word  duplex 
came'to  be  applied  to  transmitting  two  » 

the  same  direction.  Do  you  renK.;nbc.  ,hui  the 

oril  duplex  came  to  bo  applied  in  that  . } 

A.  Sending  in  the  same  direction . 

Q.  You  said,  at  lirst,  it  was  applied  only  tollW 
sending  in  opposite  directions,  but  aftonuui- 

into  use  in  its  application  to  telcgl.ip  ij 
A.  I  think,  July,  1874.  4U.st  used  in 

Q.  Was  it  not,  so  far  i  to  ,  n  1 

that  connection  in  any  publicntiot  j  , 

the  Times  newspaper  of  about  the  10t)i 

18A4?If  that  article  contains  that  word  perhaps 
'"q.  Do  yo'^member  the  article  that  I  speak  of  1 

Q. 

messages  at  a  time,  and  sta  ting  tin  Onion 

the  possession  or  control  of  Hie  D 
Telegraph  Company  ?  a  ,t  remember 

A.  I  remenibertlie  article,  but  l  uon 

whether  it  speaks  ot  the  qijn«W  ■  ^  mentioned 
Q.  Are  any  of  these  1  ■  t0  working  long 

in  the  letter  to  Miller,  in  i  o  described  m 

circuits  or  working  ^  i  ’  - 

the  applications  that  me  u  d 
or  were  these  different  things , 

A.  I  most  forget  what  those  •  refresh 

Q.  Look  at  the  letter,  and  sec  H  » 
your  recollection?  .t,10Ut  i  haye  a 


1159 


n  »•  w.  «**•} 


Q.  Your  best  recollection  is  that  they  nre  not 
connected  with  duplex? 

A.  Yes,  sir. 

Q.  You  can  look  at  the  diagrams  nfterwnrds,  mid 
if  you  Imve  occasion  to  change  you  answer  you  . 
can  do  so  to-morrow.  Can  you  point  outin.  tlicdin- 
1 1 00  gram,  Exhibit  0,  which  of  those  devices  were  in¬ 
cluded  in  these  applications  that  you  gave  to  Mann 
,  &  Co.,  which  were  lettered  front  A  to  II  ? 

A.  I  could  not  answer  that,  without  I  had  the 
diagrams  of  those  eases. 

Q.  On  your  cross-examination  did  you  say  that 
10  was  much  the  same  as  case  II  ? 

A.  Yes,  sir. 

Q.  But  as  to  the  others,  I  understand  you  to  say 
that  you  could  not  state  front  memory  without  ref¬ 
erence  to  the  applications  ? 

A.  Yes,  sir. 

11G1  Tllis  application  for  case  II,  that  was  shown 
you  the  other  day,  was  sworn  to  on  the  32nd  of 
April,  1873,  and  this  power  of  attorney,  Exhibit 
12,  to  Mr.  Miller,  is  dated  the  23rd  of  April,  1873. 
Do  you  remember  how  soon  after  you  swore  to  that 
application  for  ease  IT,  and  gave  this  letter  of  at¬ 
torney  to  Mr.  Miller,  you  went  to  Europe  ? 

A.  Perhaps  a  week  or  ten  days  afterwards. 

Q.  Did  you  not  sail  the  very  day  of  this  letter  . 
to  Miller  (Ex.  12)  ?  A.  Perhaps  I  did. 

Q.  You  are  not  sure  about-  tlmt  ?  A.  -No,  sir. 

Q.  What  was  the  object  to  be  accomplished  hv  - 
giving  this  letter  to  Mr.  Miller? 

1102  A.  That  he  might  make  a  sale. 

Q.  Of  what? 

A.  Of  the  duplex  apparatus,  ns  described  in 
those  specillentions'. 

Q.  To  Mimn  &  Co.  ?  A.  Yes,  sir. 

Q.  Theso  cases,  AtoH?  A.  Yes,  sir. 

•  Q.  That  ho  was  to  do  during  your  absence,  if  lie 

•  could?  A:  If  it  beenme  necessary.  • 

Q.  In  this  Exhibit  11,  that  I  read  to  yon,  you 


said  that  you  had  tried  how  many  systems  of 
duplex? 

there  were  "part  of  the  twenty-three  that  m  the 
other  Exhibit  of  the  4th  of  April,  you  said  you  ha 

"'f  t  think  they  nre  part  of  the  twenty-three. 

. - 

report  of  what  you  hud ^  ^  ln  thiS) 
ESilStA^u  say  worked  part  ^ 

Q.  Isn’t  it  vour  best  recollection  tl.at  the} 

Q.‘  wllo'paia  f-es  tSe*fees 

ing  those  applications,  .mi  1 

Patent  Ollice  on  tiling  tl,em  ? 

A.  I  hail  to  pay  them  myse,r- 
Q.  You  paid  tliem  yourself  . 

•  A.  I  had  to  pay  them. 

The  Court — Who  did  pay  them  is  thequestion 
A.!  furnished  the  money-  Uy  paid  HOo 

Q.  I  do  not  mean  w  bethel  J  I  £,m,isl,ed  the 

the  money  at  Washington,  butjo.H 

moiiey?  A.  Yes,  mi.  .  .  ny  tiwt  there  were 

Q.  You  said  m  you*  test  >  ^  in  some 

some  nltemtions  thnt  Mi.  M'  1|ltorations  pro- 

*«— 

*  — * >■ 

about  tlioso  nltemtions. 


338 


Q.  Did  you  see  them  Hindu  ? 

A.  No,  but  1  received  tlie  instruments. 

Q.  Altered  ?  A.  Yes,  sir. 

Q.  You  don’t  know,  of  your  own  knowledge, 
wliere  those  alterations  were  made,  nil  you  know 
about  it  is  wlmt  Miller  told  you  1 

1130  A.  I  don’t  know  but  I  went  to  Phelps’  shop  to 
explain  those  alterations;  I  cannot  say  though  I 
have  an  impression  that  I  did. 

Q.  You  think  you  did  ?  A.  Yes,  sir. 

Q.  Does  that  not  recall  to  your  memory  Hint 
it  was  while  you  were  making  these  experiments 
.with  those  23  duplex  systems,  as  you  call  them, 
that. those  alterations  were  mndc  ? 

A.  I  know  what  I  had  those  instruments  made 
for.  . 

Q.  AVlint  was  that  1 

A.  For  case  09,  as  shown  to  Gen.  Eckert,  in  my 
shop  at  Newark. 

1107  Q-  Whether  they  were  made  before  you  went  to 
Europe,  or  after,  you  don’ t  remember,  as  I  nnder- 

A.  No,  sir;  I couldn’ t  remember. 

Q.  On  what  business  did  you  go  to  Europe,  if 
any  ? 

A.  At  that  request  of  the  Postninstcr-Genemi,  or 
the  chief  in  charge  of  the  post-office  telegraph,  to 
exhibit  the  automatic  system  at  work. 

Q.  That  is  the  American  automatic  1 

A.  Yes,  sir. 

Q.  Do  you  mean  at  the  request  of  the  person  in 
charge  of  the  British  postal  telegraph  ? 

A.  Yes,  sir. 

Q.  By  whom  wore  your  expenses  in  Europe  dc- 

1108  frayed  1 

A.  I  received  most  of  the  money  from  J.  C. 
Reiff. 

Q.  Ho  was  interested  in  the  automatic  Telegraph 
Company  ? 

'  A.  Yes,  sir  ;  he  wns  the  secretary  and  treasurer. 


330 


Q.  How  long  were  you  gone  1 
A  About  two  months.  .  . .  , 

Q.  When  you  got  back,  did  you  ascertain  whether 

or  not  Miller  had  made  any  sales  of  these  inten¬ 
tions  or  applications  during  your  absence  1 
A.  I  ascertained  ;  yes,  sir. 

S^il^^Look t  that  letter  (Exhibit  14).  Had 
you  any  conference  with  Mr.  Orton  between  he 
time  of  your  return  from  Europe,  and  the  imtiug 
of  this  letter!  A.  I  can’t  say. 

O  Do  you  remember  any !  A.  rso,  hu. 

O  Wlmt  did  you  mean  by  the  statement  in  that 
Thu  foot  is,  Mr.  Orton’s 

unce  took  the  bottom  out  of  my  boat  <  ^ 

A.  I  think  he  went  to  Europe  sudden  ) ,  . 

for  me  It  was  very  sudden. 

Q.  At  the  time  you  wrote  this  letter h  Mr.  ^ 

cott,  did  you  understand  yo*i  bad 

pel  the  purchase  by  the  »\  ost  ^  (losc,.il)ea 
Compnn.v,  of  these  imenti  • 
in  the  applications.  A.  to  in 

Objected  to;  objection  sustained. 

.  Dr  this  letter  to  Mr. 

Q.  Had  you,  at  the  tin  .  ro  Union  Tel- 

Prescott,  made  any  sale  ^  wWou  me  men- 

egrapli  Company  of  the  mi  out 

tioned  in  this  letter. 

Objected  to;  objection  sustained. 

Q.  Had  you,  up  to  'X pS> for 

sSribss”"—-' 

Q.  Yes, sir-a  price.  offol.  in  case  I  got 

A.-  No  more  than  the  <ntg»“ 

anything  good,  ho  '™X5Xd  llbout  a  purchase 
Q.  Notliingworo  hud  been  saw 


340 

since  that  original  conversation  to  which  you  lmvu 
testified,  between  that  ami  thoiiate  of  this  letter? 

A.  I  think  not. 

Q.  That  is  your  best  recollection  is  it  not  ? 

A.  Yes,  sir. 

Q.  Do  you  know  whether  or  not,  at  the  time  of 
1172  writing  that  letter,  Mr.  Orton  had  returned  from 
Europe?  Yes,  sir. 

/till  QKL  Q-  "r*lv  l^i<l  you  write  to  Prescott,  on  ihe.sub- 
Inject,  instead  of  to  Orton  ? 

A.  Because  Mr.  Prescott,  lmd  command  of  that, 
department,  that  I  wanted  most  favors  Irani ;  and 
I  thought  I  could  do  better,  and  accomplih  re¬ 
sults,  quicker  by  working  through  Prcstott,  than 
through  Orton. 

Q.  1  find  I  have  passed  ono  point.  Before  Mr. 
Orton  went  to  Europe,  did  you  write  to  him  a  letter  ' 
in  regard  to  these  duplex  inventions ! 

_  A.  I  think  I  did. 

‘  Q.  Did  you  send  this  letter  to  Mr.  Orton  ? 

A.  I  remember  trying  to  send  a  letter  to  Orton, 
but  the  steamer  got  oil’  before  my  letter  got  there  ; 

I  tried  to  have  it  delivered  by  another  person  to 
Mr.  Orton  on  board  the  steamer.  That,  was  one 
letter  ;  I  might  have  sent  other  letters. 

Q.  Do  you  remember  sending  him  one,  you  say 
you  might  have  done  so;  do' you  remember  whether 
or  not,  you  sent  him  one  that  did  reach  him  ? 

A.  I  might  have  sent,  a  dozen ;  I  can’t  say. 

Q.  You  don’t  remember  now? 

A.  You  mean  letters  through  the  post  office, -or 
11^4  just  notes  or  communications. 

Q.  Well,  either  a  note  or  a  memorandum  ? 

The  Court.'— Any  written  communication. 

■>  Q-  From  yourself  to  Mr.  Orton  ? 

A.  Perhaps  I  sent,  some. 

Q.Will  you  look  at  tile  paper  I  now  show  you, 
and  see  whether  it  refreshes  your  recollection,  in 
'  regard  to  yotir  sending  a  letter  to  Orton,  boforo  he 
went  to  Europe,  what  I  want  is,  to  have  yon  refresh 
your  recollection  by  that  paper  ? 


went  to  Europe  which  lie  received .  , 

A.  I  remember  sending  a  letter;  I  don  v 
whether  he  received  it. 

Q.  How  did  you  send  it? 

A.  I  think  by  Mr.  Miller. 

Q.  What  were  the  contents  ? 

Objected  to  ;  objection  sustained. 

q  DO  you  remember  before  Mr.  Orton  went  to 
Europe,  your  making  any  application  o .  Inn  ,  to 
have  your  duplex  machine  put  on  the  wires  of  the 
Western  Union  Company  loi  use  s 

A.  I  think  I  made  that  request. 

Q.  Did  you  obtain  what  you  asked  foi  1  H7G 

Q:  DMyonunSaBer  the  agreement  with  Pres- 
C<  A  It  was  after  the  agreement, 

use  and  that  that  request  was 

»  VnaoU,  i«  M"I;  >•»  LA  J0'  ' 


;  perhaps  there  was  one  patent  issued 


soon  it  was  after  the  agreement  was  made  ? 

A.  Perhaps  three  or  four  days. 

'S  q.  How  soon  did  you  see  Prescott  after  yon  Ian 
written  him  this  letter? 

A.  Perhaps  three  or  four  days. 

Q.  And  the  way  yon  think  that  Orton  had  learn 
ed  of  that  meanwhile,  was  that  Prescott  so  in 
formed  you  ;  or  did  Orton  tell  yon  ? 

A.  Mr.  Orton  told  me. 

Q.  What  was  it  that  Mr.  Orton  said  to  yon  whet 
yon  first  met  him  after  your  letter  to  Prescott  i 

A.  Do  you  mean  after  the  contract  was  made? 

Q.  As  I  understand  yon,  you  wrote  that  letle 
to  Prescott  in  May,  1874?  A.  Yes,  sir. 

Q.  The  one  I  asked  you  about,  whero  you  sail 


J.  How  soon  after  that  did  you  see  Prescott  f 
V.  Three  or  four  days. 

j.  Then  as  T  understand  it  you  made  a  verba 
■cement  with  hint  that  was  afterwards  put  it 
iting ;  is  not  that  so  ? 

1.  I  think  I  made  an  agreement  within  four  o 
2  days  after  that  letter  was  sent, 
j.  How  soon  after  you  lmd  made  that  verba 
■cement  with  Prescott  did  you  see  Orton? 

V.  I  think  we  nmde  a  written  agreement, 
i.  You  first  had  an  oral  agreement  ? 


Q.  I  am  trying  to  bring  your  mind  down  to  tin 
LSO  time  that  yon  saw  Mr.  Orton,  after  you  had  mads 
•  the  first  verbal  agreement  with  Prescott  which  yoi 
,  made  three  or  four  days  after  writing  him  tlio  let 
ter?  A.  Perhaps  it  was  a  week  afterwards. 

Q.  Now,  what  did  he  say  to  yon  at  that  time? 
A.  He  said,  it  is  all  right,  go  ahead;  I  approvi 
of  it ;  or  words  to  that  effect. 


•  Q.  He  referred  in  that  to  your  agreement  with 
Prescott?  A.  Yes,  sir. 

Q.  That  was  spoken  of  at  the  time  of  the  conver¬ 
sation  ?  A.  Yes,  sir.  .  , 

Q  It  was  at  that  time,  as  I  understand,  that  lie 
told  you  that  he  hadn’t  heard  from  Prescott  of  the 
agreement  that  you  and  he  had  made  ?  '  im 

Q.  Did  lie  say  anything  else  at  that  conversa¬ 
tion?  A.  I  think  he  did. 

Q.  What  was  it?  A.  I  could  not  tell  yon. 

Q.  Did  he  say  anything  else  m  regard  to  the 
matter  of  the  agreement  between  you  and  Prescott 
or  to  your  inventions  in  duplex  telegraphy  ? 

A.  I  don’t  remember;  lean  only  pistgive  the 

^Q^IIave you  given  the  substance  of  the  conver- 

sation  on  that  subject  ? 

A.  Mv  answer  was  the  substance  of  it. 

Q.  This  verbal  agreement  with  Prescott  was  af-n82 
terwards  put  in  writing?  A.  Yes,  sir. 

Q  You  said  to  day,  and  I  think  you  spoke  o 
yesterday,  that  after  you  lmd  sent  the  lettei  to 

P,Q  CA,ul "you  arnica ’verbal  agraement  for 
the  sale  of  some  inventions  to  him,  and  that  after; 

sallulmuijt'wvou  agreement 

wls  atterwards  executed  between  yon  and  Prescott  ?  ^  ^ 
Sei  duplex 

.■SEasassssa 


included  in  case  111,  112,  mid  118’  A.  T  think- sA 
Q.  Why  was  it  ilmt.  you  made  these  new  nppii- 
cations  instead  of  prosecuting  the  ones  that  had 
been  liled  before,  lettered  from  A.  to  II? 

A.  Because  (lie  person  who  drew  the  specilicn- 
.  lion  at  Milan  &  Co’s,  so  mixed  them  up  that  the 
examiner  could  not  understand  them,  and  I  could 

1184  not  understand  them  myself. 

Q.  You  didn't  know  your  own  child  then 2 
A.  Not  through  the  specifications. 

Q.  Isn’t  it  also  a  fact-  that  the  subsequent  exper¬ 
iments  that  you  had  made  had  developed  improve¬ 
ments,  and  that  these  improvements  were  embod¬ 
ied  in  the  new  applications  ? 

.A.  When  I  found  that  I  had  to  withdraw  those 
applications  as  the  commuuicationsfrom  the  patent 
oflice  objecting  to  them  became  very  numerous,  I 
thought  1  would  withdraw  them  and  put  in  similar 
applications  with  all  the  latest  improvements. 

1185  -Q'  ’’hen,  as  T  understand  you, 'there  were  includ¬ 
ed  in  the  new  applications  04  to  100.  and  11  1  to  1 13, 
improvements  that  were  not  in  the  original  appli¬ 
cations  A  to  G?  A.  Yes,  sir. 

Q.  You  diil  not,  in  point  of  fact,  withdraw  the 
applications  A  to  G,  did  you? 

A.  T  think  I  withdrew  some  of  them ;  I  don’t 
know  whether  I  withdrew  them  all ;  I  took  away 
the  power  of  a  ttorney  of  Munn. 

Q.  Whether  or  not  you  actually  withdrew  the 

applications  you  don’t  remember? 

A.  I  think  where  one  particular  application  in¬ 
terfered  with  another  one  I  withdrew  it. 

Q.  Which  particular  ones  you  withdrew  vou 
11 80 don’t  know.  A.  No,  sir. 

•  Q.  Those  that  didn’t  interfere  you  left  there  just 
ns  they  were  ?  A.  Yes,  sir. 

_  Q.  As  I  understand  it,  the  now  applications  were 
drawn  by  Mr.  Sorrell?  A.  Yes,  sir. 

Q.  I  want  to  bring  your  mind  down  to  a  little 
later  period— to  the  time  tluit  you  and  Mr.  Prescott 

wrote  this  letter  to  Mr.  Orton,  which  is  dated  De¬ 


cember  10th,  1874;  did  you  give  that  letter  to  Or¬ 
ton  yourself— the  one  that  is  signed  by  you  and 
Prescott?  A.  Yes,  sir. 

Q.  And  ho  read  it  ?  A.  Yes,  sir. 

Q.  What  did  he  say  to  you  then  ? 

A.  Says  he,  “I  won’t  do  it.” 

•Q.  Wliut  else  did  lie  say  ?  •  1 

A.  That  is  all  that.  1  remember. 


Q.  (Handing  witness  paper.)  Look  at  Exhibits 
L5  and  15a.  Tell  me,  if  you  can, [when  you  sent 
hose  to  Mr.  Miller  ? 

A.  I  could  not  say  when  I  sent  them. 

Q.  (Handing  witness  paper.)  Look  at  16,  and 
iny,  if  it  was  at  the  same  time  as  that  ? 

A.  I  think  not. 

Q.  Were  they  not  both  sent  about  the  same  time  ? 

A.  I  think  n  t. 

Q.  Were  they  not  botli  sent  nfter  the  letter  of 
May,  1874,  to  Mr.  Prescott,  and  in  the  couise  of 
the  experiments  which  followed  the  sending  of  that 
letter?  A.  Not  both. 

Q.  Which  of  them  ?  A.  10  wns. 

Q.  Did  you  send  it  ns  part  of  the  outfit  that  went 
;o  make  up  the  machinery  of  case  00  ?  A.  Yes. 

Q.  You  think  1C  was  sent  in  1873,  then  ? 

A.  Yes.  ■  ■ 

Q.  That  was  during  the  first  course  of  experi¬ 
ments?  A.  Yes. 

Q.  That  contains  a  statement  that  you  had 
worked  duplexes  in  the  same  direction  ?  A.  Yes. 

Q.  Those  were  the  first  set  of  experiments  in 


340 


1878,  before  you  went  to  Europe  1 
A.  I  believe  they  were. 

Q.  Look  at  Ex.  18,  which  bears  date  Sept.  30, 
1874 ;  you  say  there,  “Boston  sent  us  142?” 

A.  Yes. 

Q.  Now,  with  what  device  or  machinery  was  the 
1 1 90Work  done,  that  is  described  in  Ex.  18  ? 

A.  Tt  was  done  with  n  quadruples. 

Q.  Substantially  wlmt,  is  described  ill  case  09? 

A.  Yes. 

Q.  Where  was  that:  set  of  instruments  made  that 
you  say  that  was  done  with  ? 

A.  In  the  Western  Union  Telegraph  shops. 

Q.  By  whose  direction  ?  A.  By  mine. 

Q.  And  that  you  said  was  left  by  you  with  the 
AVestern  Union  Co.  1  A.  Yes, 

Q.  Look  at  Ex.  10,  and  toll  me  whether  that  was 
not  part,  of  the  instructions  that  yon  gave  for 
I  i9iml'hing  one  of  the  machines  or  instruments  which 
formed  a  part  of  this  set,  that  you  have  just 
spoken  of  ?  A.  I  think  hot. 

Q.  Then  what  was  it  for? 

A.  For  experimental  purposes. 

Q.  That  must  have  been  before  you  worked  this 
quadruples  to  Boston  ? 

A.  Not  necessarily,  because  I  was  trying  several 
different  relays  with  the  same  qundruplex.  . 

Q.  Can  you  remember  whether  it  was? 

A.  I  think  that  was  not  applied  in  the  Boston 
quadrnplex, 

Q.  You  think  it  was  not  applied  ?  A.  No,  sir. 
1102  Q.  Can  you  remember  whether  it  was  before  or 
after  you  worked  the  quadrnplex  to  Boston  in  the 
way  you  have  described  in  Ex.  18? 

A.'  I  could  not  say. 

Q.  Was  it  not  after  you  wrote  the  letter.to.Pres-  • 
cott,  iii  Hay,  1874,  in  what  I  cull  the  second  series 
of  experiments  ? 


Q.  Look  at  Ex.  20,  in  which  you  say  yon  found 


the  quadrnplex  working,  and  toll  mo  when  you 
made  that  memorandum?  ^ 

A.  Either  in  November  or  December,  1874.  .  • 

G  Gan  von  tell  us  whether  that  was  the  quad- 
'  rupicx  in  its  working  to  Boston,  or  in  its  working 

to  Chicago  that  you  refer  to  in  Ex.  No.  .01  1193  ^ 

. .  (g 

that  when  you  gave  to  Hr.  Orton  the  letter  sent  by  g 

you  and  Hr.  Prescott,  in  which  you  made  an  offer  jm 
S?  the  quadrnplex  system,  Exhibit  27,  lie  declined  if 

11  q/iIow  soon  after  that  did  you  give  him  that 
memorandum)  Exhibit  26'* 

A.  Perhaps  witliin  3  or  4  days. 

Q  Bo  you  remember  whether  between  the  time 
'  you  gave  him  the  joint  offer,  which  is;  Exhibit  27 1194 
and  this,  you  had  any  conversation  with  h.m  on  the 

subject  of  a  quadrnplex?  A.  I  tlimk  I  had. 

q!  Bo  you  remember  what  it  wasin  substance? 

A.  It  was  a  story  about  a  boat.  puu|W\Tf.  f 

Q.  Tell  us  wlmt  it  was?  oertinent-^^^'^ff^  * 

A.  I  forget  the  story,  but  <U> 


whether  1  wanted  to  own  the  Western  Union,  or^ 
they  own  me. 

Q.  Is  that  what  he  said  ? 

A  Yes,  that  is  what  lie  said;  it  was  a  story 
about  a  boat;  it  was  \  1  t  J,  but  I  cannot 
remember  it  now.  1195 

Q.‘  lie  made  that  observation?  A.  ies. 

Q  It  was  a  question  whether  you  should  own 
the  Western  Union  Telegraph  Uo.,ov  they  own  you  ? 

A  Yes’  that  is,  it  Imd  reference  to  tlie  pntc- I 
asked  ;  i.e  thought  if  he  took  the  quadruples  and 
gave  me  the  AVestern  Union  Telegraph  Conipnn} , 

it  woiild  be  about  the  right  thing  . 

Q.  That  was  the  equivalent  he  suggested  foi  the 
price  that  you  asked  ?  A.  Yes. 

Q.  In  Ex.  27?  A.  Yes. 


Q.  When  lie  imulc  tlmt  assertion,  did  you  iiniko 
any  further  proposition  ns  to  price? 

A.  I  think  I  made  him  several  propositions. 

Q.  Can  you  remember  what  they  were — the 
llgures?  A.  No,  sir. 

Q.  Something  less  than  is  given  in  Ex.  27,  in  the 
EC  joint  offer  ? 

A.  I  don’t  know,  lint  perhaps  they  won;  put  in  a 
different  way. 

Q.  Wluit  did  he  say  when  you  made  him  these 
offers  ?  A.  Keep  on  ;  I  was  doing  well. 

Q.  These,  I  understand  you  to  say,  were  after 
this  offer  in  writing,  which  was  sent  by, you  and 
Prescott  ?  A.  Yus. 

Q.  Then,  as  I  understand  you,  you  gave  him 
these  two  propositions  in  writing  that  I  showed 


Q.  Wlmt  did  he  say  when  yon  gave  him  these 
two  propositions  ? 

' '' '  A.  I  don’t  think  lie  said  anything. 

Q.  I  would  like  to  have  you  try  nnd  remember 
whether  anything  was  said;  did  he  say  anything 
to  you  within  a  short  time  after  that  in  regard  to 
these  propositions'? 

A.  I  cannot  remember  that  he  did. 

Q.  State  whether  or  not  you  remember  any  re¬ 
mark  from  Mr.  Orton  to  you  after  you  had  given 
him  Ex.  2(1,  as  to  making  other  offers  or  other 
propositions? 

A.  Perhaps  he  told  me  I  was  doing  well  and  to 
keep  on  after  ho  had  received  that,  or  before;  I 
jj  98  cannot  say  positively. 

Q.  C4ivo  us  your  best  recollection  ? 

Objected  to  on  the  ground  that,  the 
witness  1ms  already  given  his  best  recol¬ 
lection  ;  admitted. 

A.  I  have  no  better  recollection  than  that. 

Q.  Did  ho  make  any  other  answer  to  these  prop¬ 
ositions  than  that  you  have  stated,  until  you  re- 


alnl  till,  wrilton  lol»  In  Juuuury,  7878,  »»M> 

lime  Were  those  the  applications  that  me 
Imm'lhI  from  04  to  100 1  *  1199 

O  Do  von  mean,  do  these  refer  to  them  ? 
n  Vos'  A  These  propositions ! 

cuts  had  been  issued  t  you  said 

„c,  om.,. 

You' mean'reia ti  i ig  t o  this  subject  of  duplex  and1200 
qm.drj.plex  telegraphy  ?  A-  out. 

Q.  You  had  not  been  him  usm  „ 

Si.le  of  that  i  A. 0,-ton  going  to  Chicago  (Vfm 

q!  Wind  took  place  at  that  interview  ?  1201 

A.  Nothing. 

q.  Hoiv  long  whore  you  there 


A.  I  guess  two  hours  about.. 

Q.  You  got  no  opportunity  of  speaking  to  him  ? 

A.  1  didn’t  like  to  speak  to  him;  he  seemed  to 
he  very  busy. 

Q.  Hu  said  nothing  to  you,  ns  I  understand  you 
to  say? 

A.  He  might;  but  I  don’t  remember  just  now; 

1202  ]le  s:lid  only  a  few* words,  if  he  said  anything. 

Q.  1  would  like  to  have  you  remember  as  well  as 
you  can  if  any  thing  was  said  by  him,  and  what  it  was 
—anything  on  the  subject  1  have  asked  you  about  ? 

A.  It  was  on  this  subject ;  no,  sir. 

Q.  Do  you  remember  his  saying  anything  on 
any  other  subject.  ?  He  did  say  something  to  you  ? 

A.  Yes. 

Q.  What  was  said  you  don’t  remember?  A.  Not 
precisely. 

Q.  Can  you  give  the  substance  of  it? 


ter  in  question  the  inquiry  is 
i  i  ferial.  Admitted.) 

good  deal  of  n 


OUx 4Ci  aJm/t  A.  He 

railroad 


Q.  You  were  asked,  the  other  day,  as  to  a  con¬ 
versation  between  yqu  and  Mr.  Gould  in  December, 
1874.  What  was  that  eonversat'on ;  state  as  near 
as  you  can  What  you  said  and  what  Mr.  Gould'snid. 
A.  About  what. 

Q.  You  were  asked  by  Mr.  Dickerson  if  you  dis¬ 
closed  to  Mr.  ■  Gould  all  your  relations  with  the 
Western  Union  Co.  I  ask  you  what  it  was  you 
said  to  him  on  that  subject  ?  A.  I  explained  to 
him  what  I  had  been  doing  in  duplexes, 

Q.  State  what  yon  said  to  him  and  what  ho  said 
to  you,. as  near  ns  you  .can  remember  ?  A.  I  cannot 
give  the  exact  words  ;  I  can  give  the  substance. 


Q.  Give  the  words  as  near  as  you  can,  otherwise 
give  the  substance.  .  ,  _  ' 

■  A.  I  told  him  I  had  a  contract  with  Mr.  1  rescott, 
and  told  him  the  substance  or  the  contract. 

Q.  That  is  the  written  contract  in  evidence  . 

A  Yes;  I  told  him  I  had  been  conducting  ex- 1-0  - 

oeriments  in  these  things  for  a  long  while.  I  told 
liiin'l  had  apparatus  working  on  the  AYtMtwn  Union 
wires,  and  told  him  how  it  worked.  told 
had  received  So, 000  from  the  Western  Unton i  Com- 
lMinv  and  told  him  the  terms  of  the  contract  to  be 
p.inj,  "ii  u,  .ill  lean  remember 

made  for  the  sale  of  it ;  that  is  .m 
at  that  particular  time.  .*  , 

Q.  Do  you  remember  what  lie  said  to  yo  . 

A.  How  much  will  you  take  for  it  - 

Q.  Do  you  remember  anything  else  at  at  con 
veraatiou  that  was  said  between  you  and  Ml. 

Gould?  .  t  uThat'^*> 

A.  He  says,  “I  will  give  you  •>.  •  » ,,  ^ 

is  too  small.”  He  said,  “  I  will  give  you  3  b  He 
made  some  rurtlwr  explanations,  and  1  smd,^  A-U 
rlcht.”  He  said,  “Do  yPu  want  it  now  ^ 

. .  He  sa  vs,  “Come  down  stairs.  0 

h,m  1’ 11  "  lira  a  d  he  wrote  some  kind  of  an 

the  balance  to  call  and  see  him. 

Q  That  was  at  his  house  in  Fifth  avenue  ? 

Q.  Did  you  say  anything  else  at  any  Itimo  tojl  Mi. 

puny,  besides  what  you  have  stated  . 

A.  1  think  I  did. 

J  I'clnnot  tell' exactly  ;  the  purport  oE  it  was 
that  I  explained  ali  the  ^member, 

t^Z!:rStiS°Dul  you  say  to 


him  anything  other  or  different  substantially  from 
wlmt  yon  lnive  just  stated  you  said  to  him  in  his 
house  in  Fifth  avenue  on  the  occasion  when  you 
got  this  §10,000  ?  A.  iS'ot  materially  different. 

Q.  The  substance  of  that  ?is  what  you  staled 
at  your  different  interviews  in  regard  to  your  re-  • 
lotions  with  the  company  ?  A.  Yes. 

1208  Q.  You  were  asked  the  other  day  in  regard  to 
some  advice  that  Mr.  Iteiff  gave  you  ns  to  your  re¬ 
lations  with  Mr.  Harrington  1  A.  Yes. 

Q.  What  was  it  Mr.  iteiff  stated  to  you  ? 

A.  lie  said  I  had  no  right  to  sell  the  qimdruplcx 
.  to  the  Western  Union  Telegraph  Company,  as  it 
was  claimed  that  Harrington  was  entitled  to  it 
tinder  the  contract. 

Q.  When  was  it  that  Mr.iteiff  stated  that  to  you  1 

A.  After  the  appearance  or  the  publication  of 
the  Times’  article.  . 

Q.  That  I  asked  you  about  yesterday  1  A.  Yes. 

Q.  That  was  about  the  10th  of  July,  1874,  was  it 
1"UJnot  ? 

A.  1  could  not  sav ;  every  day,  perhaps,  after 
that, 

Q.  At  any  rate,  it  was  the  article  which  was  ' 
idontilied  yesterday  on  my  examination  1  A.  Yes. 

Q.  Hid  he  say  that  to  you  before  that  urticlo  ap¬ 
peared  ?  A.  I  am  not  sure  of  that. 

Q.  You  don’t  remember  that?  A.  No.  ' 

Q.  You  know  he  did  after  ? 

A.  Yes  ;  many  times. 

”  Q.  You  were  asked  in  regard  to  a  communica¬ 
tion  from  Mr.  Harrington  that  you  received  about  . 
1210  t*le  ti,ne  of  the  appearance  of  this  article— a  com¬ 
munication  in  writing ;  lmve  you  searched  for  that  ? 

A.  Yes. 

j  Q-  You  remember  tlio  fact  of  receiving  that 

;  letter?  A.  Yes.  • 

Q.  You  say  you  have  looked  for  that  letter? 

!  A.  Yes. 

|  Q.  Can  you  find  it?  A.  No,  sir. 

Q.  About  what,  time  was  it  that  you  received  that 
’  letter? 


A  A  few  days  after  the  appearance  of  the  Times 

this  action.  J 

„  /  Yn„  iniiv  call  his  attention  to  the  jjj 

The  Court.  You  H  M  u  ,  gton's  m 

\  •  :sssau— ~  C 

t  desire  to  correct  it. 

The  Willie**--1  do  not  dcsm. 

■  T  -11  rviss  it  at  present  until  I 
Mr.  Wheeler.— 1  "-ill  P-  .  ,lus  evidence  of 
have  an  opportunity  of  .  luy  recollec- im 

Mr.' Edison  upon  oio  .  £  concerning  this  let- 

tion  is  that  he  was  enquire'  ^  lmye  it  upon  my 

ter  upon  cross-exainin.  >  ,.d  to  it. 

mv  notes  to  examine  l,m  J?  cross-exumina- 

O  Your  attention  was  called,  oi  js  not 

tion,  to  a  patent  type tWa  type-writer  as 

electro-magnetism  ''‘  e5, a  nting?  A.  Yes 

a  motive  power  to  do  the  1  ,lbed  in  tlle  spe- 

q.  ls  the  machine  vhtot  ltent)i„  „ny  sense 

ciiications  and  drive _  ngt  I  ^  u..  . 

a  teU'graphie  machine?  - q£  tlie  specillcn- 

q  Look  at  the  thud  pin  o  ‘  1 0ythat  state- 

tion-  Is  it  n  it  the  P'irPn  J®  “  1  flwt  the  .telegraphic  U13 
meat  of  the  third  b(J  1)Ulcud  in  view  of 

message,  when  wuohine;  so  that  by  means 

the  person  operating  h  be  printed  nn  l 

tZX^^*^***"  ■ 

%  ANHuit  is'the  object  of  that  grooved  bar  thnt  is 
there  described^  ^  ^  plu.pose  of  lidding  the 


7  3  7;;-*^ 


chemical  strip  containing  the  characters,  so  that 
they  can  he  passed  along  with  facility,  in  the  act 
of  copying  and  printing  the  message. 

Q.  For  what  purpose  is  the  message  to  be  print¬ 
ed  by  that  machine ? 

A.  There  is  not.  much  purpose  to  it  now. 

Q.  For  what  purpose  did  you  intend  it  to  lie 
1214printed  ? 

A.  Because  we  thought  we  could  gain  speed,  as  ■ 
compared  with  the  pen,  and  have  a  better  copy. 

Q.  And  when  the  copy  was  made,  it  was  deliver¬ 
ed  to  tile  person  for  whom  the  message  was  intend¬ 
ed,  wasn’t  it!  A.  Yes. 

Q.  I  understand  you  to  say,  that  when  this  mes¬ 
sage  came  in  telegraphic  diameters,  it  would  liu 
put  on  this  bar,  and  the  operator’ on  the  type¬ 
writer  would  copy  it,  and  then  it  would  go  by  the 
boy  for  delivery !  A.  Yes. 

Q.  That  was  the  plan  ?  A.  Yes. 

Q.  lias  the  machine  itself  auy  connection  with 
the  telegraph  lines?  A.  No,  sir. 

y.  Slate  whether  or  not  you  ever  heard,  before 
this  suit  commenced,  of  such  a  filing  as  an  auto¬ 
matic  telegraphy  mechanical  printer? 

A.  That  is  rather  an  absurd  name. 

Q.  Before  this  suit  was  brought,  did  von  hear  of 
it? 

A.  I  have  heard  the  expression. 

Q.  Did  you  ever  hear  of  a  thing  which  bora  that 
.  name,  before  this  suit  was  brought? 

A.  There  is  nu  such  thing  bearing  that.  name. 

Q.  Did  you  ever  hear  of  a  thing  that  was  called 
121  (iuu  autonintic  telegraphy  mechanical  printer  before 
this  suit  was  brought? 

A.  Yes,  sir. 

Q.  What  was  it? 

A.  That  machine  described  in  that  patent. 

Q.  Where  was  it  that  yon  heard' of  .it? 

A.  Among  the  lawyers. 

By  the  Court : 

Q.  Not  among  the  electricians  ?  A.  No,  sir. 


Dm'iitg^'this  litigation  in  the  Patent  Office  1^- 

A  During  the  litigation? 

q.‘  In  connection  with  the  construction  of  the 
insTrunmnt?  A.  Yes.^o[  t,l(J  t,lne  you 

now  sneak  of  the  middle  of  1875?  A.  No,  sir. 

no«  speak ’  ,  ,  v0,„.  cross-examination, m 

^  •  1  to  usiii"-  the  machines  described  in  case  H,  so 
ns*to  make  it  practically  ol^tlV0^.‘°  ^'an'could 

;;;So,m  XXX  to  iM 

q: 

make  it  practical  ^l  ,t  ’dil.ectioll , 

of  Bungs;  I  could 

add  some  of  the  devices  slioun 
Q.  Which  one  ? 

were  known  'at 'the  "tiniest  making  the  applicu-^ 

ti0M  ’ ,  -  were  known,  but  the  applications, 

A.  Devices  were  Known, 
perhaps,  were  not  made.  .  known  at  the 


Q.  Now,  yon  any  Hint  those  devices  which  you 
liovo  described,  nwl  wliieli  ore  shown  in  the  draw¬ 
ings  annexed  to  cose  00.  could  l>o  added  to  case  H. 
so  as  to  make  it,  transmit  two  messages  in  the  same 
direction  ?  A.  Yes. 

loon-  ^ou  S1,y  Unit  otiior  devices  than. those  shown 
i— U  in  case  00,  to  accomplish  that  purpose,  were  known 
"'hen  you  filed  your  application  ease  H  ? 

A.  Do  you  mean  the  transmission  or  flic  applica¬ 
tion  practically.  '  . 

Q.  I  mean  the  application  practically? 

A.  I  say  other  devices  were  known,  lmt  the  com¬ 
bination,  perhaps  was  not  known.  A  sounder  is 
old  ;  a  hack  point  sounder  is  old,  therefore  they 
are  old  devices,  hut  there  is  a  peculiar  combination 
here  that  was  new  or  was  old  ;  I  don't  know. 

Q.  they  could  not  he  applied  to  case  H  until  it 
wns  invented,  could  they  ? 

1221  A*  1  •sll°11111  think  not. 

Q.  Once  case  11  was  invented  and  known,  there 
lu.is  no  peculiar  dilliculty  in  the  application  of 
those  devices,  which  were  also  known,  to  ease  II  |o 
accomplish  that  purpose  ' 

1  A.  No  difficulty  ;  no,  sir. 

Q.  Would  it  require  invention  to  apply  them  { 

O  Had  5  .IT"''"*  t0  "WX  anything. 

,  Q.  Had  not  these  dev.ees  you  speak  of  hemi 

•  SXvnoMr1'0'1  W^,l;,tlle'-‘1«>Pl«^teleg,„phs? 

Ill  ''  t0  oth,!1,  tele- 

I  graphs  before  ease  H  ( 

1222  devices!'0  ^evi,!es’  but  ,,nt  tlMS  'minium, film  of  the 

Q.  They  lmd  been  used  in  combination  with 
other  duplex  telegraphs  ?  A.  The  devices ;  yes 
Q.  ihey  could  be  applied  to  case  H,  as  they  had 
been  applied  to  other  duplexes,  could  they  not  < 

A.  It  could  have  been  clone. 

Q.  You  were  asked  by  Mr.  Dickerson  on  Mon- 
in^t’  this  question  ;  “  'J’aking  the  invention  of  00 
just  as  it  stands,  without  adding  to  it  or  takimr 
from  it,  does  that  thing  successfully  and  economU 


cully  develop  into  practical  use  the  Little  or ■other 

not”  You  remember  that?  A.  ies.  . 

O  Now  what,  it  anything,  would  you  acta  to  it 
i„^oi,dei,"to  accomplish  the  result  stated  in  that 

...... „Poii  ?  A.  Automatic  instruments. 

1  q  Will  you  make  a  drawing  of  how  you  would  1223 
do  it?  A  Am  I  bound  to  make  the  application? 

O  I  will  ask  you  this  question:  If  you  add  to 
case  00  an  automatic  transmitting  t 

would  accomplish  the  result  stated  in  Mi.  Dickei 

""i"  Automatic  transmitting  and  receiving  Im*u- 

^  SEeraof^ur^ SIX. 

H“Q<:Uuvin^  Hnlt’i.i  jmi.r  raemoi-y,  state  whether 
any  objection  was  nun J ^  -Mc- 

Ve,,li0n?  obiccted'to  on  the  ground  that  it  is 
virtually  asking  tor  the  contents  of  the 
letter.  ,  ,  ,  .. . 

,2. 

to  change  his  stiumumit;  ^  rtle  pun)0Vt  0£  this 

Q-  Y0U  nn ifmS  •  Mr.  Dickerson  asked  j  on  on 

letter  in  your  liuiut ,  he»  (Harrington) 

your  cross-examination,  D  u  nnd 

object  to  would  be  mi  ob- 

you  answerecy  t(/com.ot  that  statement 

jCCtlOM.  J*,u  •' 


now,  after  having  refreshed  your  memory' hy  your 
recollection  of  the  suhstmice  of  that  letter. 

A.  No,  sir. 

Q.  What  do  you  mean  by  saying  “  not  in  a  way 
that  would  bo  an  objection  ?” 

A.  He  said  1  ought  not  to  do  it. 

■  Q.  That  is  what  you  mean  by  saying  that  it  was 
in  a  way  that  would  not  be  an  objection  ? 

A.  Yes. 

Q.  State  whether  or  not  there  was  any  connection 
between  Hr.  lteiif  and  Mr,  Harrington,  at  the  time 
you  have  been  speaking  of,  that  is  July,  187-1 j 


Q.  If  I  .understand  the  testimony  correctly,  you 
,  were  asked  by  Mr.  Dickerson  as  to  your  knowledge 
of  the  principles  of  the  Bosscha  and  Kramer  ma¬ 
ll  227  chines?  A.  Yes. 

Q.  Do  you  now  know  what  the  substantial  prin¬ 
ciples  of  those  machines  are  ?'  A.  Yes.  sir. 

Q.  You  were  also  asked  whether  the  same  prin¬ 
ciples  that  were  in  their  machines,  were  not  con¬ 
tained  in  your  patent,  case  »!)  i 


Mr.  Butler .—That  raises  a  question  of  fact  which 
can  be  decided  by  the  record.  (Heads  the  examina¬ 
tion  of  Edison  upon  that  point.)  Now  I  think  the 
1 228  mu'  inference  to  be  derived  from  that  testimony  is 
that  tiie  substantial  principles  of  their  machines 
were  not  the  same  as  the  principles  of  the  device  of 
an,  but  I  will  put  the, question  in  another  form. 

Uhe  Court — Whatever  may  have  been  the  effort' 
of  counsel  to  show,  I  got  the  impression  that  it  was 
not  the  same. 


-  -  -! 


By  Mr.  Butler : 

O  What  do  you  claim  is  the  principle  or  device 
different  in ^O^from  Kramer  and  Bosscha’ s  ma¬ 
chines?  imooivlng  instruments  are 

SSS SIS” 

miles  "l>f;V1'l‘u  othoi  while  in  the  Bosscha  and 

.  SzSS  are 

each  other.  two  instruments 

:S£5S£s.l««= 

eaclrother  ?  A-  U‘»-vou  tm.Hiel.  whethor,  before 

your  instruments,  «s^described  m 

"S'E  a  >  ' « 1  v, 

<leJ"SA*  P mcttadi? n  opposite  directions  or 
the  same  direction. 

q.  Hovliich',  inthesameor  in  opposite  directions? 

A-  'was'it  nsuTthesame  direction?  A.  Prac- 

dependence  of  one  ins '»  1  £  tlleir  ,na- 

r “r 

night  and  answer  questions  about 

"T^^eBosschaand^^^ 

tically  oP^«^^n«fects  in  it  that  I  should 

'  iSgerei'idcred  it 'totally  inoperative. 


300 


Re-Cross  examination  by  Mr.  Dickerson  : 

Q.  IJoos  not  the  Kramer  nmchiniu  duplex  and 
quadruplex,  use  n reverse  current  which  operates 
the  two  polarized  relays,  and  an  increased  current 
and  quantity  current  that  operates  the  neutral  re- 
1232  lay  2  A.  So  far  as  these  qualities  and  currents  go, 

Q.  The  neutral  relay  is  insensible  to  the  reverse 
current  when  one  or  the  keys  is  ulosed.  and  the 
other  is  working  two  reversed  currents  t  A.  1 
would  not  like  to  answer  questions  about  that  ma¬ 
chine  until  I  examine  it  more  carefully  and  thor¬ 
oughly.  1  can  answer  that  question  to-morrow 

Q.  Now,  in  your  machine  the  polarized  relay  acts 
entirely  independent  of  the  neutral  relay  ?  A.  Yes. 

Q.  And  the  neutral  relay  entirely  independent 
of  the  polarized  relay  ?  A.  Yes. 

Q.  So  that  each  one  of  those  two  relays,  if  it 
were  heavy  enough  and  noisy  enough,  might  ho  its 
own  sounder  '  A.  Yes. 

Q.  Yon  use  two  keys  and  two  receiving  relnvs 
and  two  sounding  relays  in  !)!) '  A.  Yes. 

Q.  You  have  got  two  receiving  main  line  relays 
and  you  I  two  sounders,  one  connected  with 
each  one  of  tho  main  line  relays  f  A.  Yes. 

Q.  And  it  is  necessary  in  Ofl'to  have  that  second 
sounder  on  the  neutral  relay » 

A.  We  have  got  to  have  a  sounder,  to  read  the 
message  from. 

1284  Q-  Suppose  you  don’t  have  any  sounder,  then 
the  neutral  relay, would  give  a  false  signal  to  the' 
ear,  would  it  not?  A.  Y.es. 

Q.  Therefore  you  must  have  an  auxiliary  sounder 
or  an  auxiliary  relay  of  some  kind  ?  A.  Yes 

Q.  In  order  to  prevent  false  signals  ' 

A.  Yes,  sir. 

Q.  You  have  got  in  00  two  main  line  relays,  and 
t«o  sounders.  Bossclm’s  machine  has  three  main 
line  relays  and  two  sounders  2  A.  Yes. 


Q.  You  have  reduced,  by  your  mode  of  using 
the  reverse  current  and  the  quantity  current,,  the  • 
three  main  lino  relays  to  too  ?  A.  Yes. 

Q.  Which  reduction  results  from  the  fact  of  the 
independence  that  you  have  given  these  main  line 
relays  ? 

A.  Yes;  Bosscha  don’t  work  his  polarized  relay  W35 
•  by  reversals  as  1  do. 

Q.  But  lie  uses  the.  reversal  of  currents  2 

A.  Ho  makes  port  of  his  signals  by  no  current, 
whereas  I  always  reverse.  He  makes  half  of  his 
signals  by  no  current ;  it  is  an  entirely  different 
thing. 

Q.  I  am  not.  asking  you  about  the  merits  of  your 
invention ;  I  have  no  doubt  but  that  it  is  a  new  and 
valuable  one  ;  I  am  getting  at  the  distinction  be¬ 
tween  your  invention  and  Bossclm’s. 

A.  I  am  not  well  informed  about  the  device  you 
speak  of.  1  can  examine  the  drawings to-night  1 236 
and  place  myself  in  readiness  to  answer  such  ques¬ 
tions  as  you  may  wish  to  put  to  me  about  it. 

Q.  The  two  messages  or  signals  are  just  as  per¬ 
fect  when  they  come  out  on  the  sounder  in  Boss- 
elm’s  and  Creamer's  machines  as  they  are  on  yours  ? 

A.  I  don’t  know. 

Q.  They  have  got  two  sending  keys  ? 

A.  Yes. 

Q.  And  onu  sending  key  is  designed  to  produce 
a  signal  upon  one  of  the  soundera,  and  the  other 
sending  key  is  designed  to  produce  a  signal  upon 
the  other  sounder  ?  A.  I  believe  so. 

Q.  So  that  the  messages  are  not  mixed  up,  at  all ;  1237 
each  comes  out  on  its  own  sounder? 

.  A.  I  believe  so. 

Q.  So  that  the  question  of  General  Butler,  that 
you  sent  two  distinct  messages  on  your  line— dis¬ 
tinct  one  from  the  other — has  no  proper  founda¬ 
tion,  in  fact,  has  it  ?  Don’t  both  of  these  instru¬ 
ments  send- two  separate  and  distinct  messages, 
which,  from  tho  time  they  are  sent  until  they  come 


out,  are  so  far  separate  that  one  does  not  interfere 
'  with  tlie  other  ? 

A.  Bossclia’s  machine  does  not  send  messages, 

You  think  tiiey  would  not  work  ?  A.  Yes. 

Q.  Suppose  they  worked. 

1238  A.  How  can  you  suppose  it,  when*  they  don  t; 
vou  can’t  make  them  work  according  to  those  dia¬ 
grams’  You  hold  me  to  diagrams  ’ 

Q.  There  are  no  keys  shown  on  those  ■  diagrams, 
are  there  "!  A.  I  donrt  know. 

Q.  There  are  no  relay  magnets? 

A.  They  seem  to  leave  a  good  deal  to  the  imagina¬ 
tion.  ■  _  ,  ■ 

Q.  There  are  no  relay  magnets?  A.  Inhere? 

Q.  In  the  diagrams' or  drawings  of  those  nin- 

°  aT I  don’t  know;  I  told  you  I  was  not  fnniilinr 
.with  that  machine. 

1 239  q  Thore  no  veiny  magnets  and  no  arnmtures, 
are  there,  shown  oh  those  drawings  ? 

A.  If  I  lmd  Prescott’s  book,  T  could  tell  you. 

Q.  1  don't  ask  yon  whether  these  two  instru¬ 
ments  would  operate  or  not  ;  that  is  another  ques¬ 
tion  ;  I  am  merely  asking  you  about  their  arrange¬ 
ment,  with  a  view  to  have  them  operate?- 
A.  You  must  add  something  to  them. 

Q.  Some  of  those  things  which  are  common  to  nil 
telegraphic  instruments,  are  not  shown  here.  There 
are  two  keys  that  are  not.  shown  on  the  drawings, 
which  belong  to  the  instrument.  We  will  suppose 
1 240  tlie  keys  are  shown  f 

A.  I  should  think  it  would  be  essential  to  allow 
bow  they  reversed,  increased  nml  decreased. 

Q.  I  will  ask  you  this  question,- whether  in  your 
invention  case  09,  and  in  Bosseim’s  machine, the  re¬ 
sult  is  not  such  tlmt,  supposing  bis  machine  to  work 
when  one  key  is  touched,  one  signal  is  supposed  to 
go  over  theline,  mid  eoine  on  ton- one  sounder? 

A.  Yes. 

Q.  And  when  the  other  key  is  touched  the  signal 


is  supposed  to  go  over  the  line  on  the  other  sound¬ 
er  ?  A.  Yes. 

Q.  The  result  of  tlie  arrangement  is  that  the  ulti¬ 
mate  sounder  tlmt  delivers  the  signal  to  the  listener 
,  is  dependent  upon  one  key  at  the  other  end  for  its 
I  action  and  not  upon  the  other  key  ?  A,  Yes. 

J  Q.  In  tlmt  respect  the  two  are  alike  ? 

•A.  They  both  send  by  reversed  currents ;  they 
both  purport  to  send  two  messages  in  the  same  di¬ 
rection. 

'■<  Q.  And  they  do  tha  t  by  the  use  of  reverse  our- 

I  rents  and  increased  currents ! 

]:  A.  In  my  arrangements  I  send  one  message  by 

||:  increased  current  and  decreased  current,  and  tlie 
Ipfe  other  by  a  reversal  of  these  currents,  and  in  the 
p  Bossclm  machine  lie  sends  one  message  by  increased 

S.  j|.  current  and  nothing,  and  the  other  by  reversal  and 

nothing ;  where  one  operator. with  a  50  cell  battery 
j  ;#.  sends  a  message  over  tlie  wire  in  one  direction,  and 

-■HU  another  with  a  50  cell  battery  sends  one  in  an  op- 

posite  direction  they  neutralize  eacli  other,  and 
!  '  ”  there  would  be  nothing  on  the  line. 

[  ..  Q.  But  the  question  I  put  to  you  is  true,  is  it 

not?  A.  In  one  sense  it  is. 

S  ill  ^  Q-  It  is  absolutely  true,  is  it  not,  tlmt  both  do 
4J;'  use  reverse  currents  and  increase  currents  i 

A.  In  a  certain  sense  they  do. 

Q.  But  tlie  arrangement  of  relays,  keys,  and 
sounders  is  so  different  between  the  two  machines 
'HP**  tlmt  in  the  mode  in  which  Bossclm  uses  the  reverse 
WaM  current  and  the  increased  current  is  different  from 
iiiSIp  the  mode  in  which  you  use  them?  A.  Perhaps  it  is. 

J|l|||||  Q.  Don’.t  you  think  it  is?  Don’t  you  think  the 
«ia§aB|p  combination  of  machinery — of  relays,  keys,  and 
jpgfljp  sounders  in  your  mucliine  is  such  tlmt  the  inode  of 
raraSR  using  tlie  reverse  mid  increase  currents  is  different 
I1’01"  I*10  ,no(I°  by  which  they  nro  used  in  tlie 
Bossclm  and  Kramer  machines  ? 

,.£&&§-  A.  They  differ. 


*  #11  -  -  _  - ' !  1  u 


■/ 


Q.  flint  difference  depends  upon  the  fact  that 
yon  use  two  independent  main  line  relays  and  lie 
uses  three,  and  then  makes  those  three  cooperate 
with  each  other! 

'  A.  That  is  not  all  the  difference. 

ton  Tlmtia  0116  difference  ?  A.  Yes. 

.  Q.  And  this  difference  is  that  you  keep  the  con¬ 
tinuity  key  closed  so  that  the  current  always  acts 
upon  the  neutral  relay  during  reversal,'  whereas 
in  lus  case  when  he  opens  one  of  his  keys  there  is 
a  cessation  of  the  current  1 
A.  That  is  the  second  difference,  and  the  third  is 
that  it  don’ t  work. 


Intermission. 


805 


•  Afternoon,  May  2,  1877. 

Q;  Look  at  page  831  of  Prescott’s  hook,'  Exhibit¬ 
ing  Kramer's  method,  and  also  on  page  830,  in 
which  there  is  a  figure  403,  and  state  whether  you 
understand  the  mechanism  intended  to  be  repre¬ 
sented  by  the  two  diagrams  tlmt  are  there! 

A.  I  could  not  tell  whether  apparatuses  marked 
A  1,  A  2,  or  A  3,  are  polarized  relays  or  carbon  re¬ 
lays. 

Q.  Not  by  looking  at  the  drawings,  but  looking 
at.  the  text?  . 

A.  With  that  exception,  I  understand  it 

Q.  Suppose  this  to  be  an  accurate  description  ; 
by  looking  at  the  text  you  find  there  are  separate 
relays  A  1,  A  2,  and  A  3,  while  the  armature  relays 
only  are  represented  in  the  figure  ;  you  understand 
there  is  an  electro-magnetic  relay  to  operate  those 
-  armatures’  levers  and  armatures? 

A.  I  notice  they  have  retractile  springs,  which  are  ,040 
not  essential,  and  are  not  used  on  polarized  relays. 

Q.  They  are  used  for  polarized  relays  ( 

•  A.  Not  in  the  ordinary  sense,'  except  for  some 
special  purpose. 

Q.  They  are  used  sometimes  on  polarized  relays  1 

A.  Perhaps  they  are  used— not  on  simple  relays 
that  transmit  signals  by  positive  and  negative  cur¬ 
rents. 

•  Q.  Armaturesjll  1  and  R  3  are  polarized,  so  that 
the  former  responds  only  to  negative,  and  the  lat¬ 
ter  to  positive  currents  of  any  strength  :  R  2  is  a 
soft  iron  neutral  relay,  but  is  adjusted  so  ns  to’ res¬ 
pond  only  to  currents  having  the  strength  of  Q;124'' 
you  understand  that  statement?  A.  Yes,  sir. 

Q.  That  means  that  there  are  two  polarized  re¬ 
lays;  one  of  which  responds  to  the  positive,  and 
.one  to  the  negative  current ;  and  there  is  a  neutral 
relay  which  requires  twice  the  strength  of  current 
that  the  01110141  do,  to  work  it  ?  A.  Yes,  sir.  ’ 

Q.  Then  the  machine  is  so  organized,  tlmt.  the 
.operation,  of  these  two  polarized  relays,  in  combi- 


nation  with  the  operation  of  the  neutral  relay,  will 
transmit  signals  through  the  sounders  N  1  and 
N  2;  the  polarized  relays,  when  one  key  is 
touched,  and  the  neutral  relay  when  llie  other  key 
is  touched ;  that  is  so  ?  A.  Perhaps  they  would. 

Q.  Figure  403  is  a  continuity  preserving  key,  or 
48  an  arrangement  to  preserve  continuity  on  the 
line? 

A.  It  is  a  device  for  throwing  in  and  out  battery, 
without  disturbing  continuity  of  the  circuit. 

Q.  That  maintains  metallic  connection  2 

A.  Yes,  sir.  .  , 

Q.  With  the  power  to  throw  in  and  out  a  bat¬ 
tery,  so  that  the  machine  has  got  in  it.a  continuity 
preserving  key  or  combination  here?  A.  Yes,  sir. 

Q.  And  at  the  same  time  the  power  to  throw  in 
and  throw  out  battery  ?  A.  Yes,  sir. 

Q.  There  is  an  objection  to  that  arrangement,  be- 
cause  it  short  circuits  that  battery,  and  burns  it 
.  out  ?  A.  That  could  be  obviated. 

Q.  There  is  that  objection  to  it  2 

A.  According  to  what  battery  you  use. 

Q.  Any ,  battery — it  is  working  faster  on  short 
than  on  long  circuits  2  A.  Yes,  sir. 

Q.  That,  is  an  objection  in  the  economy  of  the 
machine?  A.  Yes,  sir. 

Q.  No'  objection  to  its  operation? 

A.  No,  sir;  it  eats  itself  up. 

Q.  It  is  an  expensive  way  to  produce  the  effect 
of  continuity,  and  cutting  in  and  out  battery  ? 

A.  Yes,  sir.  ' 

250  Q.  But  it  is  operative  for  all  that?  A.  Yes,  sir. 

Q.  Thi  n  supposing  that,  key  to  be  in  the  line,  and 
the  relays  to  he  provided  with  their. electro-magnets 
as  is  suggested,  and  the  machine  to  be  set  operat¬ 
ing,  having  two  keys  for  that  purpose ;  then  you 
could  send  the  kinds  of  currents  that,  are  described 
here,  through,  the  line,  could  you  not? 

A.  It  could  be  done.  • 

Q.  But  when  you  talk  about  a  current  of  2,  and  a 
current  of  one.  that  coilvevs  to  vonr  mind  the  idea 


that  you  use  in  the  one  case  a  battery  of  a  certain 
number  of  cells,  and  in  the  other  case  a  battery  of 
like  kind  with  twice  the  number  of  cells  1  A.  No. 

Q.  Whitt  does  it  convey  to  your  mind? 

A.  Double  the  strength. 

Q.  It  is  not  double  the  size  of  the  plates? 

'  A.  Two  of  those  cells  have  the  same  amount  of 
electro  motive  force  as  a  carbon  cell.  \ 

Q.  1  said  of  the  same  kind  2 .  A.  Yes,  sir. 

Q.  I  mean  twice  the  number  of  cells  of  the  same 
kind?  A.  Yes,  sir.  ' 

The  CaurL— It  has  double  the  power  ? 

A.  Yes,  sir.  ' 

Q.  Therefore,  that  conveys  to  you  this  idea  in  a 
shape  that,  to  your  mind,  would  enable  you  to  do 
it,  from  that  description  ?  • 

A.  You  mean  transmit  these  qualities? 

Q.  Yes,  sir  ?  A.  Yes,  sir. 

Q.  You  could  not  do  it,  without  making  an  in¬ 
vention?  A.  No,  sir. 

Q.  Yon  could  not'  connect  a  battery  to  that  line 
with  that  key,  and  then  put  another  key  up  with 
another  battery  of  twice  the  power,  without  mak¬ 
ing  an  invention,  under  this  description  ? 

A.  Yes,  sir. 

Q.  It  being  described  here,  that  a  •continuity 
preserving  key,  and  a  battery  operated  by  it  is  to 
be  connected  to  line  with  this  set  of  receiving  in¬ 
struments,  and  that  there  is  to  lie  another  one  con¬ 
nected  to  that  line,  with  also  a  battery  of  twice  the 
strength  in  it;  you  say  it  will  require  ah  inven¬ 
tion  under  Mint  description  to  apply  it  ? 

A.  It  says:  “A  negative  current  having  the 
strength  of  one,  a  positive  current  hav¬ 
ing  the  strength  of  two,  the  positive  current  having 
the  strength  of'one,  and  no  current.” 

Q.' Yes,  sir? 

A.  T  snjr  that  Hint  would  require  a' man,  perhaps, 


nn  hour  to  figure  it  out,  and  I  consider  Hint  hour’s 
work  as  an  act.  ot  invention. 

Q.  You  have  not  read  all  the  description  ? 

A.  You  asked  me  about,  the  diagram  ;  you  kept 
me  to  that. 

l  OnA  Not  to  fll0s,!  velY  "'01,ls-  Now,  sir,  having  a 
battery  of  a  strength  of  two,  with  a  positive  end  lo 
hue,  and  then  a  battery  of  a  strength  of  one,  with 
negative  end  to  line  put  in,  then  the  effect  would 
be  to  a  certain  extent  to  neutralize  the  stronger 
battery,  would  it  not? 

A.  Do  you  mean  the  one  having  the  strength  or 
*5  -d  the  other  having  the  strength  of  one. 

A.  Yes,  sir ;  to  some  extent  there  wouid  lie  some 
of  it  neutralized— half  of  it. 

Q.  The.  result  of  that  would  be  a  positive 
strength  of  one  ?  A.  Yes,  sir. 

1255  Q-  That  is  a  very  familiar  thing  in  elcctricitv _ 

done  by  you  a  great  many  times  ? '  Yres,  sir.  ‘ 

Q.  A  common  thing  to  make  one  battery  to  work 
through  another  and  to  have  tine  neutralize  the 
otlier  to  the  extent  of  its  force,  leaving  the  residue 
to  go  to  line.  A.  Yes,  sir,  that  is  common. 

Q.  It  does  not  require  any  invention  to  do  that  ? 

A.  Yes,  sir ;  it  did. 

Q.  Sometime  or  otlier ;  but  I  am  speaking  of  this 
tiling? 

A.  Not  if  you  show  it  to  a  man;  it  does  not  re¬ 
quire  any  invention. 

Q-  Is  it  a  n  old  invention  ? 

•IZjb  A.  I  don’t  know  about  that. 

Q.  You  have  known  it  a  great  many  venra  ? 

A. -Yes.  sir. 

Q.  Long  before  these  inventions  of  vours  were 
made?  A.  Yes,  sir. 

n„Q'  Yo;*  asked, which  of  those  inventions  in 
the  numbered  series  04  to  10(1,  was  found  in  Ex.  0, 

Skh’bhT tl,afc  .Y°«  to  Mr.  Orton,  February 

ICtli,  and  you  picked  out  07  as  a  complete  one,  and 


m  speaking  of  this 


said  that  that  agreed  with  diagram  13  in  the  bundle 
of  drawings  given  to  Mr.  Orton  1 
A.  Did  I  say  exactly  agreed  ? 

Q.  I  will  read  you  what  you  said  you  wereasked: 

“  (Q.)  Are  any  of  the  inventions  which  are  ex¬ 
hibited  in  these  diagrams  embodied  in  the  appli¬ 
cations  which  are  in  question  in  this  suit,  that  is  1£ 
“  to  say,  04  to  lfJOand  111  to  113? 

“(A.)  I  think  there  are  some. 

“(Q.)  Now,  will  you  look  at  Exhibit  0,  and  tell 
“us  which  of  the  diagrams  that  are  mentioned  there 
“are included  in  these  applications?  • 

“  (A.)  There  is  one  complete  invention,  and  the 
“application  of  the  principle  in  the  other. 

■  “  (Q-)  Which  is  that  numbered  in  the  diagrams? 

“(A.)  97  is  the  complete  one. 

“(Q.)  Wliat  is  it  in  the  diagram  ?  (A.)  13. 

“(Q-)  Then  I  understand  that  what  is  marked  in 
“  that  diagram,  duplex  13  is  substantially  the  same,,, 
“as  case  07?  (A.)  Yes,  sir.”  ' 

Q.  Do  you  wish  to  say  so  yet  ?  \ 

A.  Let  me  see  the  paper. 

Substantially  the  same  filing,  except  there  is  a 
a  mistake  in  that  diagram  ;  one  thing  has  been  left 
off  by  mistake. 

Q.  No  matter  about  tlio  mistake  ;  lam  speaking 
of  what  is  shown  on  the  papers.  In  the  first  plnce, 
that  No.  18  would  not  operate,  at  all,  ns  a  duplex, 
as  shown  on  that  paper,  would  it  ? 

A.  No,  sir;  there  is  a  mistake  in  it. 

'  Q-  There  would  ho  a  short  cut  home  on  the  re¬ 
turn  current  ? 

A.  There  is  a  mistake  in  it. 

Q.  The  mistake consists  in  the  circumstance, 
among  other,  thing,  that  there  is  no  line  connection 
from  the  relay  to  earth,  through  a  rheostat  ?  ‘  , 

A.  I  neglected  to  draw'  that  line  ;  the  intention  / 
is  the  same/  .  / 

Q.  That  thing  simply  would  not  operate  at  all  ?  / 


f  Q,  Then  the  thing  in  07  lms  got  in  it  an  essential 
/element  not  in  this,  to  begin  with  ? 

A.  If  yon  mean  to  coniine  it.  that  way,  it  has.  It 
is  obvious  to  any.  person  that  those  are  the  same.. 
The  principle  is  exactly  the  same.  It  is  equally 
■  _  obvious  that  there  is  something  left  (ill. 

q  To  whom  is  it  obvious ! 

A.  To  a  person  versed  in  the  art. 

Q.  Then  if  you  gave  it.  to  a  person  versed  in  elec¬ 
tricity  you  think  he  would  put.  in  those  things'! 

A.  I  think  he  would  say :  “Edison,  yon  Imre  left 
.VgT  jlie  ftlieostat,”  and  1  would  put  it  in. 

J  Q.  There  is  something  else  loft  off? 

I  A.  Not  necessarily. 

j  Q.  There  is  something  else  in  07,  which  is  an  im- 
!  portent  clement  of  the  combination  not  there  ? 

|  A.  It  don’t  make  any  difference;  those  two  are 
J  the  same,  providing  that  is  in,  or  providing  you 
fit  put  in  that,  still  it  is  the  same,  only  one  has  more 
\in:  it  than  the  other. 

Q.  I  want  a  comparison  between  the  things  them¬ 
selves  ;  there  is  another  element  in  07,  not  on  that 


^  Q*  And  Hint  is  the*  static  discharge  compensator 
for  the  purpose,  of.  neutralizing  the  effect  of  the 
static, discharge  of  the  line.!  A.  Yes,  sir. 

Q.  Now,  taking  into  account  only  the  double 
battery,  and  the  relny  for  the  purpose  or  a  duplex, 
that  is  the  same  thing  as  .Steam’s,  except  that  iii 
Steam’s  there  is  a  double,  winding  of  the  core,  and 
1202  there  is  a  double  battery  to  take  the  place  of  the.  . 
double  winding? 

A.  It  is  an  entirely  different  thing. 

Q.  That  js  wlmt  is  done  here— a  double  battery 
in* the  place  of  a,  double  .winding? 

A.  , That  is  the  difference.  It  is  a  big  difference. 

-  •  Q.  The  use  of  the  two  batteries  in  that,  way  on 

the  line,  to  cut  one  or.  other  in,  was  not  new  with 
you  1  A.  In  that  way  ?  • 


t'-’°  lotteries,  to  cut  one  orotlieririto  line 
the  purpose  of  circuit,  was  not  new  with  you  ? 

A.  I  don’t  understand  that  question 

Q.  Now,  having  two  batteries  to  line,  one  or 

X'S™!™"' 

Q.  And  cut  one  out?  A.  It  don’t  out  it  out 

A.  In  that  relation,  yes,  sir. 

Q.  Not  in  that  relation,  but  of  itself? 
about TJl'i's- ,V  0"  We  are  talking  ’ 

.A?."1  asking  about  the  separate  elements  of 
the  tliing-tliese  two  batteries  both' together  to 
lino?  A.  1  don’t  know  but  that  is  new. 

Q.  Do  you  know  whether  it  is  ? 

A.  I  don’t  know  the  fact. 

Q.  Now,-  sir,  I  will  read  from  the  printed  case 
234  ;  you  claim  there  fain  S 
si  lion*  t„  e-wh  °"?S  “  a,ld  *’  connected  in  oppo- 1204 

"'V'°  e  u,h  oMlel  '*»  the  circuit,  containing  the 
iheostnts  d,  e,  magnet  X,  receivinir  mmrnnt  %  in 
com binn tfon  with  the  lino  circuit; /‘^thromrh  7/  Vim 

a,™*1  ,.  „„  izti  :i::  . 

kej  01  lever  Ay  the  parts  being  arranged  for  opera¬ 
tion  substantially  as -set  forth,’’  that  is  whatyou 
claim  as  your  invention  ?  y 

A.  That  is  what  that  claim  is. 

A'  Yes  UTbi"lUi'm  of  ‘'“we  things  together? 

J1'®"  in  *>'«  picture,  that  you  gave  Orton,  sev- 

Q.  Therefore’  itivould  not  be  correct  t6  say;  that 


Q.  It  is  strictly  a  combination  ?  A.  Yes,  sir,  in 
that  sense. 

12GG  Q,  The  combination  of  1,  2,  3  anil  4,  supposing 
those  numbers  represent  elements,  is  not  the  same 
combination  as  you  understand  it.  as  1  and  8  ?  A. 
No— not  the  same  thing. 

Q.  There  is  no  equivalent  here  in  these  drawings, 
in  exhibit  0  for  the  rheostat,  in  07;  nnd  tile  ground 
connection  or  artificial  line,  is  there,  in  13!  A.  No, 

Q.  They  asked  you  this  question  “  Is  there  any 
other  of  those  diagrams  (Exhibit  9)  embodied  in 
these  applications  ?  A.  The  principle  of  one  of  them 
is  embodied  in  case  90.  Q.  Which  one  1  A.  Six- 
1267  teen-”  Tllen  the  question  was,  “  Then,  as  I  under- 
'  stand  you,  the  principle  of  wlmt  is  embodied  in 
those  diagrams  duplex  10,  is  embodied  in  case  99  ? 

Q.  The  principle  is  you  say ! 
f  '  A.  Yes.  sir. 

Q.  You  meant  by  that,  did  you  not,  the  princi¬ 
ple  of  using  twocurrents  of  two  kinds  of  electrici¬ 
ty,  one  of  which  is  the  reversal  and  the  other  the 
increase  1  A'.  Yes,  sir. 

Q.  So  far  and  no  farther,  they  are  alike  ? 

A.  Well,  they  both  have  polarized  relays,  nnd 
both  have  sounders  and  keys  and  butteries. 

12G8  Q.  You  have  said  that  so  far  as  the  principle  is 
concerned ;  now,  I  say  so  far  nnd  no  farther — bow 
much  farther  ?  . 

.  A.  As  I  have  mentioned. 

Q.  Both  have  batteries;  all  telegraplisliave  those ! 

A.  No,  sir. 

Q.  They  have  all  batteries  or  some  other  genera¬ 
tor  of  electricity?  A.  Yes,  sir. 


«l^e?rA.SS,Sf  iU0°  n,Ul  10  k6yS  tho« 

Q  Sral?’”!!  t0  °°,Teot  Hmt  2  A.  No,  sir! 

orain^ 

Q.  A"  ordinary  key?  A.  Yes,  sir.  1269 

coot  fiT ,S  1,0  8Ueh  thin£  i,s  in  case  99  ex- 
cept  fo.  he  purpose  of  operating  the  local  is  there* 

A.  h  or  signalling.  The  devices  are  different 
wo®",11  tho  kuys  are  tl10  same  ? 

A-  "  oM>  th°y  '‘re-  Let  me  see  you  make  then, 

»«y  a„  ai«,.i„r;isy 

tiiej  aie  the  same  keys. 

Q.  In  diagram  1G  the  key  is  a  single  Morse  kev 
whose  one  function  is  when  it  is  depressed  to  brhm 
«mt“t '/°  to  break 

A.  I  failed  to  answer  that  question  right  •  I  said 
horeweretwou  md  tiuj  were  uiJVtaS1*0 
11  ] > 0,1  'imt  fo  go  into  the  question  of  how 
they  operate,  that  is  a  different  thing, 

.  am  going  to  hare  tho  distinction  between 

ttdi  !ys,lo'v  1J  00  1  1  JO 

nut  e  tried  to  patent  is  a  new  key  ?  . 

A.  No,  sir. 

v..2-.L0,-'k  *"®?  70rtlle  claim.  ‘-The  re- 


veraing  key/,  made  with  the  arm  i,  springs  l/ ami 
101 

A.  There  are  two  lands  of  keys.  My  answer  was 

1....  ..  WMido  to  o^fcot  byjoosslng  tt  witii 


,  yoni:  linger,  but  T 

With  the  linger!' 

Q  him  talking  about  tlio  key  which  control 

^“nSSjS  Siloes  that  that  controls  Jj 
1272  Q.  The  linger  key  ol  the  operator  merely  P» 
the  trieger?  A.  That  is  the  control. 

O  In8 that  sense  it  is  the  control !  A.  Yes,  Mi. 
Q  That  key  merely  pulls  the  trigger  for  a  l>» 
teS  to  operate  «  key  which  contain  the  signals  ( 

q!  S  second  key  may  he  worked  by  the  ting 
or  by  the  battery,  as  you  say !  A.  Acs,  sii- 

Tf  von  mean  . to. say  that  the  two  Morse  ke 
iuQ0!)  which  open  and  close  the  local  circuits  win 
local  circuits  operate  the  sending  keys-if  > 
mean  to  say  those  are  Morse  keys,  that  I  agree  w, 
— that  is  all  you  mean  tasay  1 
12*5  A  Yes.  sir ;  that  is  ml. . 

Q  But  Morse  keys  would  not  work  00  it  put  n 
theline,  aud  controlliug  the  hue  current? 

A.  I  notice  that  one  of  tile  magnet  keys,  o 

“'Q.’^dernS  iug.r  Kb  »»'««.•  about  that; 
swer  my  question ;  Morse  keys,  put  in  thui. 

!  not  work  the  line  ? 

I  1  a.  If  put  in  properly  ;  yes,  sir.  ■ 

Q.  A  Morse  key  ?  A.  One  Morse  k  .y. 

O  Two  Morse  keys,  one  on  each  of  tlie  on  on 
that  is,  the  quantity  circuit  and  the  reverse  1 
i 274 The  Morse  key  would  be  ot  no  use  there? 

jj 

it  could  be  done ;  1  say,  yes,  sir.  _  •  . 

Q.  I  mean,  could  the  result  ot  maintaining 
tinulty  ot  circuit,  and  at  the  ~in...  time  ic.  3 


the  battery  by  a  single  Morse  key,  be  done  by  any 
means  on  earth  ?  A.  Yes,  sir. 

Q.  The  single  key  will  do  that  ? 

A.  Reverse  and  preserve  continuity,  do  you 
mean  ? 

Q.  Yes,  sir :  preserve  continuity,  reverse  the 
current  in  that  apparatus  in  09,  will  that  Morse  127: 
key  that  is  used  here  to  work  the  local  battery  do 
that  thing? 

A.  A  simple  Morse  key  to  reverse  the  currents 
on  the  wire. 

Q.  To  do  tlmt,  and  at  the  same  time  maintain 
continuity? 

A.  Yes,  sir ;  perfectly  easy. 

Q.  One  Morse  key  ?  A.  Yes,  sir. 

Q.  Then  by  adding  one  Morse  key  in  place  of  all 
this  apparatus  of  springs  you  get'  the  same  contin¬ 
uity  and  the  same  reversal  ? 

A.  That  is  another  tiling.  You  have  not  spoken  ^7 
ol  tlm  incren.se  and  decrease  of  current.  You  spoke 
of  reversal.  I  say  one  kqy  will  reverse  the  current 
and  preserve  continuity.  I  do  not  think  tlmt  one 
key  would  also,  at  the  same  time,  increase  and  de¬ 
crease  the  current.  1  do  not  say  hut  wliat  that 
could  be  done  too.  The  simplest  tilings  liave  not 

,  Q.TSow,  sir ;  to  come  to  particulars,  look  on  the 
diagram  of  09  at  the  key  which  is  marked/.  That 
key  reverses  the  current  either  of  one  section  of  the 
battery  or  of  both,  when  it  is  operated,  does  it  not  i 
A.  It  does  hot  reverse  the  current  of  the  battery, 
lmt.  it  reverses  the  direction  of  , the  current  of  the  127 
battery,  its  it  passes  into  the  line? 

Q.  It.  reverses  tlie  direction,  so  tlmt  in  one  posi-  . 
tion  of  key  the  current  goes  to  line  plus,  and  in 
the  other  position  of  tlie  key  it  goes  to  line  minus  ? 

'  A.  Yes,  sir. 

Q.  And  it  does  that  whether  two  sections  of  the 
battery  or  only  one  are  in  action  ?  A.  Yes,  sir. 

Q.  And  Unit  is  essential  for  the  purpose  of  carry¬ 
ing  into  effect  tlie  thing  proposed  to  be  done  in  00— 
that  result? 


/ 


870 

...  '  A.  Reversing  is  essential,  and  increase  and  de¬ 
crease  are  essential. 

Q.  To  reverse  both  the  original  battery,,  and 
also  the  added  battery  when  it  is  thrown  in  is  es¬ 
sential  to  the  operation  of  this  machine,  is  it  nett 
A.  I  think  it  is. 

1278  Q.  Will  a  Horse  key  do  that?  A.  Yes,  sir, 

Q.  A  single  Morse  key  in  there  ? 

A.  One  key  to  reverse,  and  the  other  single  Morse 
key  to  increase  and  decrease.  ' 

Q.  You  want  two  Morse  keys? 

A..  To  perform  two  operations,  certainly.  You 
have  two  here.  You  ask  me  to  do  too  much.- 
.  Q.  I  am  asking  you  lo  do-  just  what  the  mach¬ 
ine  does  ;  there  is  a  key  marked  /,  there? 

A.  Yes,  sir ;  I  coidd  dispense  with  that,  and  put 
in  a  Morse  key,  and  arrange  it  in  a  pecnliar  way, 
and  produce  that  effect. 

ion  Q-  Then  by  taking  out  the  key  /,  and  putting 
.  J  in  its  place  such  a  Morse  key,  as  is  shown  in  case 
H  to  work  the  rheostat,  that  Morse  key  will,  at  the 
same  time,  reverse  the  currents  from  one  section  Or 
two  sections  of  battery,  and  produce  the  snme  effect 
as  this  complicated  apparatus  here  does  ? 

A.  Reverse  the  direction  of  the  current  on  the 

'.line.  . 

Q.  Reverse  the '  direction  of  the  current  on  the 
line  whether  there  bo  one  or  two  sections  of  the 
battery  acting — will  it  doit?, 

A.  I  think  it  will. 

Q.  Have  you  ever  done snclt  a  thing  with  one? 

.  j280  A-  7  think  I  have  *1  think  I  can  bring  the  dia¬ 
gram  to  show  it. 

Q.  That  one  Morse  key  put  into  the  poissition  of 
the  key  /,  will  preform  all.the  functions  that  key 
/  preform;  is  that-  what  yon  mean  to  say? 

A.  Yes,  sir;  it  will  probably  connect  it  and  ar¬ 
range  wi tli  the  batteries. 

Q.  So  that  the  Morse  key  having  one  point  of 
contact,  does  that  thing?  A.  Yes;  sir.. 


1 


877 

Q.  Canyon  bring:  us  the  diagram  to-morrow 
morning  that  does  that  ? 

A.  Yes,  sir,  I  think  I  can. 

Q.  Then  all  this  combination  of  continuity,  pre¬ 
serving  keys  worked  up  into  the  key  /is  unneces¬ 
sary,  because  it  can  lie  all  done  with  the  Morse  . 
key?  1281 

A.  At  that  time  it  was  thought  so ;  but  things 
go  from  the  complex  to  the  simple.  1  say  now,  I 
can  do  it  with  the  Morse  key. 

Q.  Any  continuity  preserving  about-  it-  ? 

A.  The  inherent  principle  of  the  key  preserving 
the  continuity. 

Q.  Then  it-  whs  in  that  sense  was  it  that  you  said 
the  single  Morse  key,  on  diagram  10,  in  Exhibit  I), 
was  found  in  this  machine  ?  . 

.  A.  I  didn’t  say  it  in  that  sense  at  all.  The  ques¬ 
tion  was  put  to  me  if  they  w«-re  similar  devices,  and 
I  said,  yes— the  keys,  they  are.  That  is  a  literal  ,  000 
answer  to  that  question.  1 

Q.  As  keys  they  are  similar  ? 

A.  Yes,  sir.  They  are  keys  and  are  used  in  both 
devices  and  applications,  and  are  used,  probably, 
entirely  different. 

Q-  Then  is  the  key  in  this  00,  a  new  combina¬ 
tion  and  invention,  or  is  it  a  Morse  key  which  is 
old? 

A.  AVliicli  key  do  you  refer  to. 

Q.  Key/,  it  is  a  combination  of  several  articles  ? 

A.  Yes,  sir. 

Q.  Then,  do  you  mean  to  say  to  us,  that  that 
key,  for  which  you  claim  a- patent  under  your  1283 
fourth  claim,  is  the  same  thing  ns  a  simple  Morse 
key?  A.  No,  sir. . 

Q.  Then  the  simple  Morse  key  is  not  found 
wlien  you  find  that  key/? 

A;  In  what-  ? 

Q.  In  00? 

A.  Why,  certainly  not  ;,  the  key/,  the  magnet 
key,  is  in  a  different  place  from  the  common  Morse 
key. 


Q.  In,  and  o£  itself,  tlwt  hey  /,  for  which  yo 
claim  a  patent,  is  not  substantially  the  same  tlun 
as  the  simple  Morse  key,  is  it  i 
A.  Why,  certainly  not.  .  .■ 

q  Then,  in  H,  yon  have  the  continuit 

preserving  key  of  Farmer,  so-called  1 
A.  Perhaps  I  have. 

Q.  And  in  this  machine,  that  continuity  pr 
serving  key  lias  been  modified  by  an  addition  to 
in  case  00 1 

A.  I  don’t  know;  that  was  invented  by  Steam 
that  peculiar  form  that  I  see  there. 

Q.  It  is  a  different  thing  from  the  key  in  case  I 
A.  I  think  not ;  it  is  the  same  tiling  made  in 
different  way  ;  it.lilis  a  different  shape  and  desig 
Q.  It  lias  a  different  function ? 

A.  As  it  is  applied,  perhaps  it  lias. 

Q.  It  performs  a  function  that  the  other  d< 


Q.  But.  leaving  the  battery  in  and  doing 
work,  it  performs  a  function  that  the  other  d 
not! 

A.  We  are  talkiing  about  the  continuity  prest 
ing  key,  but  liot  of  the  other  parts. 

Q.  I  am  talking  about  the  continuity  preserv 
key  as  constructed  and  arranged  with  this  cin 
connection  to  it,  shown  in  that-  drawing! 

A.  They  are  precisely  the  same  thing. 

0  ‘Q.  So  that,  the  other  put  right  there  would 

the  same  thing? 

A.  to  put  the  other  one  in  and  connect  it  t 
way  it  would  be  the  some  thing.  * 

Q.  Where  woulct  yon  connect  it  ? 

A.  .1  list  as  I  have  connected  it  here  ? 

Q.  What  is  the  use  of  that  insulator  on  the 
shown  here  in  00  ? 

A.  To  keep  the  spring  from  the  lever. 

Q.  Is  there  any  insulator  iii  the  other  one? 


A.'  It  is  insulated  by  reason  of  the  spring'  being 
placed  on  the  lever,  and  off  on  one  side.  It  is  the 
same  thing  in  effect ;  in  reality  it  is  the  same. 

Q.  Ill  case  II  there  is  no  insulator  on  that  key  ; 
there  is  a  short  circuit  shown  in  case  H  ? 

A.  Tliero  is  no  insulator  on  the  key. 

Q.  This  thing  has  an  insulator  on  it  ? 

A.  Yes,  sir.  1287 


Q.  And  for  the  purpose  of  working  the  other 
key  no  insulntor  is  necessary  ? 

A.  If  the  spring  was  put  on  the  lever  it  "would  . 
be. 

Q.  As  it  is  constructed  there  is  no  insulation  ne¬ 
cessary  ? 

A-  All  I  can  answer  to  that  question  is,  that  the 
two  things  are  precisely  the  same. 

Q.  I  am  going  into  the  reason  of  the  tiling.  You  ],««  . 
think  they  are  precisely  the  same,  because  you  • 
could  make  them  do  the  same  tiling.  I  am  nsking 
about  their  construction.  One  of  them  lias  got  an 
insulator  on  the  spring  connection  ? 

A.  If  you  go  into  such  questions  then  they  are 
entirely  different. 

Q.  And  tliis  would  be  an  entirely  new  and  pa- 
tontnblo invention,  notwithstanding  the  other,  who¬ 
ever  made  it  lirst? 

A.  Because  of  some  little  frivolous  tiling  about 

Q.  Its  construction  would  ? 

A.  Not-  as  against  that.  I  think  they  would  give  1280 
him  a  reference  to  it. 

Q.  I  am  speaking  of  the  straight  key  of  case  li, 
having  no  insulator -  oif.it,:  and  making  short  circuit 
with  the  two  batteries  .beihg  in  existence— do  you 
,  say  it  is  an  invention  to  construct.. that  key  ? 

A.  Everything  is  an  invention  ;  but  if  I  should 
apply  for  apatent  on  that  at  the  Patent  Office,  and 


another  limn  sent  it  in,  they  wonltl  give  lnm  an  i 
terferenco. 

Q.  Is  it  not  a  new  arrangement  and  combinati 
at  pans  to  make  tile  key  that  is  in  90,  notwil 
standing  the  previous  existence  ol  the  key  that 
in  If,  involving  an  insulator  as  one  of  its  element 

A.  It  is  a  now  design. 

Q.  An  insulator  is  one,  ol  the  elements  of  tl 
new  design? 

A.  In  designing  it,  it  was  essential  to  use  tin 
because  it  is  designed  in  a  different  way ;  it  is  t 
same  thing  designed  differently. 

Q.  It  either  is.or  is  riot,  in  your  judgment,  an 
vention  to  make  the  key  in  99  when  the  other  t 
isted  ;  now,  which  is  it — after  the  straight  spring 
case  II  existed  1 

A.  It  is  an  active  invention  in  designing  that  i 
paratus. 

Q.  You  talk  about  the  principle,  as  the  tiling 
shown  in  this  diagram  10,  in  Exhibit  9.  tlmt  cam 
be  made  to  work  two  signals  from  one  end  of  1 
line  on  one  wire  ? 

A.  It  could  be  made  to  work— yes,  sir.  _ 

.Q.  How  would  you  do  it  ? 

A.  Put  some  of  the  devices  shown  in  99,  on  it. 

Q.  And  take  off  from  it  some  of  the  devi 
shown  there — you  must  do  that  also  2 

A.  No— put  both  magnets  in  the  same  circuit. 

Q.  Ho  you  mean  to  tell  the  Court  that  dingi: 
lit  in  this  paper,  could  be  made  to  work,  maki 
two  signals  over  one  wire  at  the  same  time,  leavi 
those  batteries  and  two  magnets  in  the  arrnn 

A.  Do  you  mean  in  opposite  directions  ? 

Q.  Two  signals  at  one  end. 

A.  I  answered  that  question,  by  saying  no  ;  y 
could  not  without  putting  in  some  devices. 

Q.  Would  it  not  bo  necessary  to  take  out  so 
things  here,  ns  well  ns  put  some  in ;  namely, 
"take  out  one  of  those  batteries  and  one  of  those 


something. .  .  "  ”ml  t0  tako  0116 

in  on  uTf°re,’  n°t0nly  ,mvo  you  to  add  tlie  things 
to  y  i"  T  tH„take  0,,t  «“  t’»iugs  that  are 
m  10  to  produce  the  effect?  A.  Some  of  them. 

H.,V  yo,‘  ,lave1  «"‘t  'lone  you  have  substan- 
tiallj  a  different  machine,  have  you  not  ?  1293 

les,  air;  tlmt  is  wlmt  the  patent  sin^s.' 

.  11  <luPlex  machine  this  thing>liown  in  iO 

is  not  any  better,  practically,  than  the  Steam’s  dif¬ 
ferential  or  other  things  of  that  kind,  as  a  duplex 
m  opposite  directions  ?  1 

A.  Only  in  respect  that  you  might  be  able  to  use 
"q  ‘  TWSf  ho  an  advantage. 

11,ose  way-stations,  however,  with  this 
atus  could  not.be  made  to  work  bofl,  Sys  ^ou 
cmild  not alee  a  way-station  work  botli  ways  with  ' 
*°-  t,IU*  °n  to  fcliose  two  batteries  and  mnn- 
"nS  Ym°nt  !mi"Z  anything?  "“*■ 

Q.  Add  what  you  please  ?  ^294 

-  f,™i  »'  “«  *'■:= 

Q-  Do  you  mean  to  add  another  wire  ? 

A.  I  mean  I  can  add  any  device. 

,0». “V2  lr°11  snW  yo,,lS95 

A.  I  ask  permission  to  use  anv  device  t 
sired  except  another  wire.  1  de' 

Q.- Except  another  wire— yes  sir? 

u  a°“’1  -  * 

Q.  It  does  not  exist  now  ?  A  No  sir 
IhS,^  ^  ^  lnv®nt  something  like 


Q.  At  present  it  floes  not  oxist?  A.  No,  sir. 

Q.  This  tiling  1ms  only  tlio  capacity  to  work 
rom  opposite  directions,  anil  has  not  the  capacity 
o  work  opposite  directions  both  ways,  through  way 
tntions  ?  [lloforring  to  10.]  A.  No,  sir. 


Q.  The  polarized  relny  in  your  patent,  case  II 
ms  got  a  retractile  spring,  hits  it  not?  A.  Yes. 

Q.  That  don’t  hurt  it  any,  does  it? 

A.  It  is  put  on  there  by  mistake. 

A.  Is  it  there  on  the  patent? 

A.  It  has  no  obvious  use. 

Q.  The  polarized  relays  on  the  AVestern  Union 
line,  that  are  working  now,  have  got  springs  to 
hold  that  magnetized  armature  ? 

A.  Some  of  them  have. 

.  Q.  And  when  you  showed  Gon.  Eckert,  and 
those  other  gentlemen  in  your  laboratory  at  New¬ 
ark,  the  operation  of  case  II,  which  you  testified 
to,  you  produced  the  effect  of  reversals,  in  your 
mse,  by  opposing  two  batteries,  one  to  the  other, 
md  shunting  one  out?  A.  No,  sir. 

Q.  Didn’t  you  have  that  apparatus  there  at  tlint 
time,  and  working  in  that  way?  A.  No,  sir. 

Q.  Try  and  remomber.  Don’t  you  remember 
telling  me  some  time  ago, that  when  they  came  over 
there  you  showed  them  the  effect  of  your  appar¬ 
atus  by  opposing  one  battery  to  another,  and  short 
circuiting  one  out,  as  you  needed  it? 

A.  I  don't  remember  telling  you  that ;  both  ways 

Q.  You  had  that  way  there? 

A.  I  had  that  way  there. 

Q.  So  that  is  a  practical  way  of  doing  it  ? 


A.  lhat  is  one  way  of  doing  it. 

Q..  Does  not  Kramer  use  in  his  apparatus,  rover 
sals  m  the  polarity  of  the  currents,  and  an  increase 
and  diminution  of  the  strength  of  the  currents  for 
tlio  purpose  of  transmitting  two  signals  over  the 
same  wire,  in  the, same  direction,  at  the  same  timo  ? 

A.  Yes,  sir.  1299,  L 

Q.  You  also  referred  to  a  Stoek  instrument,  so 
failed,  in  your  examination,  and  containing  that  ^  / 

same  operation  p  did  you  mean,  by  th  ,t  reference, 
the  French  and  English  patented  instrument  of  1802 
of  Deni  ?  A.  No,  sir.  ’ 

Q.  You  knew,  or  do  know,  of  an  instrument  in 
uhich  tlie  operation,  by  moving  the  crank  or  tains- 
nutting,  reverses  the  current  over  the  line,  and  then 
when  he  wishes  to  increase  tlio  current,  pushes 
down  the  key  and  sends  the  increased  current  1 
A.  Yes. 

Q.  That  was  old  before  1800,  wasn’t  it » 

A.  Draught  be.  ’  1300 

Q.  (Handing  witness  paper.)  Look  at  that  under 
English  patent  No.  1,000,  of  1802,  and  see  whether 


Q.  lhat  ,s  an  abstract,  not  the  entire  patent;  it 
vas  old  in  1800,  was  it  not  ?  A.  I  don’t  see  it. 

Q.  Do  you  know  whether  it  was  or  not;  do  von 
mow  whether  any  existed  in  1800  in  the  electrical 
rfc  ?  A.  I  do  not. 

Q.  When  did  you  iiret  know  of  it? 

A.  I  could  not  say  that.  1301 

3  J!‘°n  «,0»w«8  a  second  or  another  modifica- 
'on  of  it  in  Mr.  I  ope  s  instrument,  patented  in  1800- 
i  70.  rer  transmitting  reverse  currents  and  tlion  in- 
reiming  the  effect  upon  the  electro  magnetby  stop- 

A. .That  is  described  in  a  patent  taken  out  by 
i^Pope,  or  said  to  have  been  taken  oat  about 

Q,  You  had  in  your  hands  the  other  day  on  tlio 


384 


si  1 1  ex  contract  between  you  and  Craig  in 
1870  ;  you  romember  Mint,  don’t  you  2 
A.  I  runioinbor  seeing  tlio  paper. 

Q.  You  renieinber  reading  it,  or  a  part  of  it  2 
A.  Yes. 

Q.  Tliat  contained  the  words  “  automatic,  or  fast 


tlie  word  -‘fast”  put  in  quota- 


A.  I  remember  tile  quotation  marks  nnd  the 
word  “fast.” 

Q.  It  was  put  in  quotation  marks  there  as  de¬ 
scriptive  of  automatic  telegraphy  ;  that  was  the 
subject  matter  of  that  contract,  wasn’t  it 2 

A.  Yes. 

Q.  That  was  in  1870,  wo  will  iix  the  date  exactly 
by  the  contract,  and  I  ask  you  in  reference  to  this : 
Tins  question  was  asked  you,  “  Was  (hero  any 
technical  meaning  in  which  the  word  “fast”  was 
employed,  among  persons  connected  with  the  bus- 
1  303  i"css  of  telegraphing  prior  to  April  4,  18712  and 
you  said,  “  I  think  not,  because  I  heard  of  it  as  in¬ 
vented  or  applied  about  that  time  2”  A.  Yes. 

Q.  It  was  at  least  as  early  as  that  contract  be¬ 
tween  you  and  Craig  in  1S702 

A.  Perhaps  it  might  lie. 

Q.  You  say  the  word  was  invented  nr  applied 
about  that  time  2  A.  Yes. 

^  By  the  Court : 

Q.  Is  that  the  first  instance,  in  your  recollection, 
in  which  the  word  was  so  applied  2 
1804  A.  That  is  the  first ;  yes,  sir. 

Q.  You  have  stated  that  the  word  “duplex”  was 
applied  by  Stearns  to  his  instrument ;  that  was  in 
an  opposite  direction.  A.  Yes. 

Q.  It  could  not  work  in  any  other  way,  his  ’in¬ 
struments  2  A.  No,  sir.’ 

Q.  At  that  time,  them  was  no  instrument  at 
work,  by  which  two  messages  were  sent  from  the 

same  direction,  to  your  knowledge! 


385  • 

A.  To  my  knowledge  ;  no,  sir. 

Q.  And  when  yon  put  one  of  them  up  and  worked 
from  one  end,  then  you  applied  the  word  duplex 
to  that  also  2  A.  Yes. 

•  Q.  So  that  it  came  to  be  applied  ns  soon  as  an 
object  for  its  application  arose  2  A.  Yes. 

By  the  Court  ■'  1305 

Q.  As  well  to  messages  transmitted  in  the  same 
direction,  as  to  those  transmitted  in  opposite  direc¬ 
tions!  A.  Yes. 

By  Mr.  Dickerson  : 

Q.  You  testified  something  about  improvements, 
that  were  put  or  estimated  to  be  put  upon  Bain’s  in¬ 
struments,  by  Little  and  others  2  A.  Yes. 

Q.  The  Bain  instrument,  as  it  came,  was  an  au¬ 
tomatic  transmitter  of  perforated  paper  and  wire, 
and  a  chemical  receiver  or  chemical  paper  2  ’  1300 

A.  Yes. 

Q.  As  it  first  came? 

A.  There  are  two  Bain  instruments. 

Q.  The  one  that  first  came? 

A.  You  mean  the  automatic  Bain  instrument. 

Q.  Yes!  A.  Yes. 

Q.  The  object  was  to  improve  the  road  over  which 
the  current  was  to  pass,  to  improve  the  condition 
of  the  wire ;  you  used  the  word,  in  your  testimony 
“speed”  of  the  wire? 

.  A.  It  is  not  to  improve  the  wire. 

Q.  Improve  its  capacity  ? 

A.  Increase  its  capacity.  1307 

Q.  When  you  said  “speed”  of  the  wire,  you 
meant  by  that,  over  a  considerable  length  of  wire, 
the  difliculties  of  rapid  transmission  of  separate 
signals  increased  very  much  2  A.  Yes. 

Q.  And  that  one  part  of  your  invention  nnd  the 
efforts  of  other  people  was  to  make  the  wire  cap¬ 
able  of  takiug  signals  more  rapidly  and  keeping 
them  separate  from  each  other  2 


A.  Tho  object  wns  to  got  more  signets  in  a  given 
time  over  the  wire. 

Q.  These  was  no  improvement  on  tile  chemical 
receiving’pnpor  apparatus  ?  A.  Yes. 

Q.  None  of  these  that  have  been  spoken  ot  here, 
that  is  the  instrument  that  Bain  had,  tho  chemical 
paper  instrument,  that  was  the  same  as  is  used 

1308  now,  is  it  not  2  A.  Nearly  alike. 

Q.  No  substantial  difference?  A.  .No. 

Q.  The  Bain  automatic  instrument  over  a  short 
line,  say  10  miles  long,  could  send  some  thousands 
of  words  per  minute  if  you  lmd  the  paper  perfor¬ 
ated  to  put  in?  A.  Perhaps  1,000  ;  yes,  sir. 

Q.  And  therefore  the  improvements  were  made ' 
necessary  ns  you  had  an  elongated  line?  A.  Yes. 

Q.  And  that  was  to  enable  a  lotig  wire  to  send 
the  signals  that  the  automatic  transmitter  gave  it, 
or  as  nearly  as  possible  approach  wliat 'a  short 
wire  would  do  ?  A,  Yes. 

1309  Q-  That  was  the  object?  A.  Yes. 

Q.  You  said  that  some  of  these  drawings  in 
Ex.  0,  were  in  case  98.  No.  4,  I  think  you  said  ? 

A.  Yes. 

Q  I  call  your  attention  to  the  first  claim  of  case 
9S,  on  page  00  of  the  printed  exhibits  (handing 
witness  book).  That  combination  is  not  in  Ex. !) 
anywhere,  is  it? 

A.  It- is  a  poor  attempt  at  the  same  combination. 

Q.  It  does  not  give  all  the  ingredients  of  that 
combination  ? 

A.  I  am  on  the  thing  itself  and  not  on  tlio  claim. 

Q.  I  ask  you  whethernll  those  elements  mention- 

1310  ed  in  tho  first  claim  of  ciise  98  are  in  No  4  Ex-  n  ? 

A.  All  of  them  ? 

Q.  Yes.  A.  Every  one? 

Q.  Yes.  A.  No,  sir. 

Q.  I  call  your  attention  to  the  second  claim  and 
ask  you  the  same  question  ? 

A.  That  is  not  in  hero  at  all. 

Q.’  That  is  not  in  No.  4  at  all  ?  A.  No,  sir. 

Q.  You.  were  asked  by  Mr.  Wheeler,  «Now  I 


xri,  .  y0U,  ha“  !1,1P  communication  with  Mr. 
Miller  before  that  time,  February  0,  1878,  with  re- 
•feience  to  thesubjeot  matter  of  that  letter,  namely 
tlie  letter  of  Mr.  Orton,  ot  February  0,  and  you  snicl 

“Q.  Had  you  with  Mr.  Orton?  A.  I  don’t  re- 
member.”  A.  What  letter  ? 

.  Q-  ’’lie  letter  that  Mr.  Orton  wrote  to  Mr  Miller 
m  February.  ' 

A.  That  was  not  my  letter. 

is  thew^'r  leMer„‘1.at<!‘l  Fel,nlm'.V  0,  1878;  that 
is  the  letter  I  am  talking  about.  You  were  asked 
n  you  liad  any  communication  with  Mr.  Orton  be¬ 
fore  that  letter,  and  you  say,  in  your  answer,  that 
you  don’t  remember?  A.  Yes. 

Q.  I  want  to  refresh  your  recollection.  Don’t 
you  remember  that  before  that,  letter  wns  written 
by  Mr.  Orton,  Mr.  Miller  and  yourself  had  one 
or  two  interviews  with  Mr.  Orton  in  regard  to  the  ■ 
propositions  that  you  wereYhen  making  Mr.  Orton 
oi  desiring  to  have  made  ? 

A'  I  think  it.  was  after. 

Q:  You  don’t  think  it  was  before  ? 

A.  I  cannot  remember;  it,  might  have  been. 

Q.  But  you  and  Mr.  Miller  afterwards  did  have 
several  interviews  with  Mr.  Orton  in  regard  to  your 
propositions  which  Mr.  Miller,  acting  for  . you!  , 
''as  to  make  to  Mr.  Orton,  for  arranging  .  be¬ 
tween  you  and  Mr.  Orton,  about  going  on  with 
experiments  irnduplex?  A.  Yes,  many  ».  time. 

Q.  A  ou  were  asked  this  quastion  by  Mr.  Wheeler, 
speaking  of  the  interviews  that  you  lmd  with  Mr  l: 
Orton  about  the  0th  of  February  after  that  letter  of 
Ins  to  Air  Mdler.  Was  there  anything  said  between 
you  and  linn  at  that  time  about  arbitration  in  cast- 
yoitnnd  ho  could  not  agree  ns  to  the  price,”  and  ' 

you  said,  I  don’t  remember  that.”  Now.  was 

there  anything  said  on  the  subject  between  you  at 
my  other  time  than  that? 

A.  I  have  an  indistinct,  inini-e«ui„„ 


Mr.  Orton  aid  to  me,  “  We  e„„  fix  it  somehow,  ami 
if  we  cannot  agree,  I  guess  wo  can  leave  it  to  nrlii- 
trntion  ;  1  cannot  tell  when  that  was. 

Mr  Ort™  ”’T  fr16?"! ,,lso  »S«enuilit  between  • 
.:*•  0)  tl  '.‘ ,,lul  Jr,‘.  1 helps  in  which,  if  Mr.  Plielns 
did  certain  things,  he  was  to  be  paid  as  they  might  • 
iixi" 

ftieemuit  {  A.  I  don’t  know  that. 

sntion^  wl'th'Z  n1"em^r  |lmt  y°u  1,a(1  11  convor- 

'  tion  ind  nft  ;,?  m‘I,ect  to  «‘is  <»bit.a- 

wns  referred 'to  t  **«• '  Mr.  Phelps 

let'aloneany' other.'10  *°  remW,",er  the 

mt£s  ita* «■ 

.ilta1.”'1*"’1  ™*"'~  »"M»  Ihn, 

.  fZZzs&zs&iir — 

the  Cuban  telegraph  ?  A  Y,.^r  "  est  to  rePnh' 

l316  exfsted^dian-r^t  fTr'^Onon'aent""0  °f 

<**>**,  !» 

Q.  And  that  was  the  state  of  things  when  Mr. 


Prescott  and  Mr.  Orton  were  both  away ;  you  were 
left  under  the  direction  of  Gen.  Eckert  at  that 
time,  were  you  not?  A.  I  don’t  know  that 

wanted?'  fi°  t0  Gen’  Ecke,  t  f°'' "’hat you 

A  I  was, eft  pretty  mucl!  alone;  I  don’t  know 
who  I  was  to  go  to.  1317 

O  G®n- .®cker‘ w“s  hi  charge  then?  A.  Yes. 

Q.  And  if  you  had  to  go  to  anybody,  it  was  to 
him  ?  A.  Yes.  . 

v,.™  VT  y“".“  «'<“  you  could  not  get  on 
eclT  \  -  Yas'1  dl>  f  ,llve  tke assistance  you  wan  f- 

7°"r  t»'P*  from  that 
loom  ana  took  them  away ;  A.  Yes. 

Q.  Tlien  when  Mr.  Prescott  returned  from  the 
Cuban  expedition,  you  saw  him  again  ?  A  Yes 
„  Q’r  A."l].tlu'n  h,e  told  you  he  would  give  you  all 
the  facilities,  and  to  go  right  on  again  ? 
toAijlfhlnkliesaid  that  after  I  wrote  that  letter 1SIS 

Q-  Did  you  not  receive  a  message  through  some- 
body,  the  substance  of  which  was  that  Prescott  re¬ 
quested  you  to  go  back-lie  had  returned-nnd  be 
would  give  you  all  the  facilities  you  wanted  ?  ' 

wt  saw t,,e  fnciiities  1  wnnted*  w,,y  ™  I 

Q.  Iam  not  reasoning  with  yon.  Did  you  re 
ceive  a  message  to  come  hack  ?  V 

A.  I  don’t  remember  any. 

Q.yThen,  after  the  letter  of  the  10th  of  May  you  ' 
did-.go  theie?  A.  Yes,  sir.  7  7  ,31g 

4-£TSr.S'--.““ 

th^.nH,,adala^e  n’,n,l,el'  tllere  *»  I  came 
Q.  And  then  loop  lines  were  brought  down  from 
the  terminals  into  this  room  foryonr  use? 
f  A.  I  think  they  were. 


800  . 

Q.  Anil  then  nt  night  yon  had  the  use  of  a  num¬ 
ber  of  opera  I  ova  for.  the  purpose  of  conducting 
your  experiments  1 

A.  Yes,  sir;  anything  I  wanted. 

Q.  And  you  did  have,  in  Tact,  nnmhers  of  opera¬ 
tors,  night  after  night,  there  working  the  experi- 
1-20  ments  that  you  were  trying?  A.  Yes,  sir. 

Q.  Paid  for  by  somebody  besides  you  2 

A.  Yes,  sir. 

Q.  And  the  number  of  operators  was  very  large— 
you  have  seen  lists  of  them  2 

A.  Sometimes  eight  all  night. 

Q.  Paying  tlicni  for  night  work  ?  A.  Yes,  sir. 

Q.  You  were  asked  about  an  agreement  with 
Mr.  Prescott  about  that  time,  ai  d  before  that, 
which  bears  date  August  10th  ?  A.  Yes,  sir. 

Q.  Now,  was  not  there  such  an  agreement  as 
that  actually  reduced  to  writing  and  executed  2 

1821  A-  Yes’  su- 

Agreement  put  in  evidence,  and 'mark¬ 
ed  Defendant’s  Exhibit  30.  May  3,  ”77. 
It  is  between  Prescott  and  Edison,  and  is 
dated  .Inly  Oflt,  1871. 

Q.  You  said  that  paper  had  been  withdrawn,  and 
the  one  of  August  10th  put  in  its  place  ? 

A.  Yes,  sir. 

Q.  Will  you  explain  why  that  was  done. 

A.  By  the  advice  of  the  Patent.  Solicitor. 

Q.  Mr  Serrell  1 

_  A.  Yes,  sir;  lie  said  there  might  be  some  com- 
1322  plications  arising  hereafter  in  taking  out  patents 
jointly. 

Q.  When  that  paper  was  drawn  you  supposed, 
did  you  not,  that  Mr.  Prescott  might  properly  be¬ 
come  the  apparent  joint  inventor  of  those  things  by 
reason  of  your  having  conveyed  to  hint  ? 

A.  That  if  he  would  assist  in  perfecting  some  of 
the  parts,  and.  help  me,. it  .might  under  the  law 
allow  him  to  be.  entitled  to  take  ont  the  patent  with 
me  jointly. 


Q.  That  was  your  impression  of  the  law  1 
.A.  Yes,  sir.  .  .... 

Q.  And  this  contract  was  drawn  under  that  im¬ 
pression  ?  A.  Yes,  sir. 

Q.  And  Mr.  Served  advised  you  to  the  contrary  ? 

A.  Ho  advised  that  perhaps  I  had  better  not  do 

*  Q.  Was  that  after  it  was  made?  A.  Yes,  sir.  1323 
Q.  Mr.  Served  was  employed  by  Mr.  Harrington 
and  by  you  also  2  A.  Yes,  sir.  ’•  . 

Q.  And  that  contract  which  Mr.  Served  advised 
you  about  was  known  at  that  time  to  Mr.  Harring- 

f°A.  I  believe  I  took  that  contract  and  showed  it 
to  Mr.  Harrington. 

The  Court. — Which  one  ? 

Mr  Dickerson..— This  very  one— Exhibit  30. 

Q.  At  that  time  you  were  spending  a  good  deal  1334 
of  time  in  the  Automatic  Company’s  place  of  busi- 

A.  I  used  to  cad  there  every  time  I  was  over. 

Q.  Every  time  you  were  in  town  2  A.  Yes,  sir. 

Q.  How  often  i 

A.  Well,  every  other  day,  perhaps. 


Q.  It  was  Mr.  Harrington’s  ofli 
A.  The  Automatic  Company’s 
Q.  Mr.  Harrington  was  there  2 
Q.  It  was  his  place  of  business 
Q.'  He  was- permanently  there  i 
Q.  Mr.  Reiir  was  also  there  2 
Q.  He  was  an  oflleei'utjthat  tinn 


office. 

A.  Yes,  sir. 

2  A.  Yes,  sir. 

A.  Yes,  sir. 

A.  Yes,  sir. 

e  oftliat  company  l-ldoy 


A.  Yes,  sir. 

Q.  Ho  was  permanently  there 2  A.  Yes,  sir. 

Q.  This  contract  was  talked  over  then  between 
you  three,  was  it  hot  1  ,  . 

A.  I  believe  it  was— perhaps  not  together  but 


SUQ.UNow,  sir,  going  back  a  little  further ;  when 
you  went  into  the  Western  Union  Telegraph  Com¬ 
pany’s  concorn  under  your  agreement  with  M 


Orton  of  February,  1873,  was  not  that  also  com. 
municnted  and  well  known  to  Harrington  nncl  Hr. 
Reiff  ? 

A.  It. was  a  matter  of  common  conversation ;  they 
knew  I  was  working  there. 

Q.  You  tolcl  them  wlmt  you  were  doing  there  all 
that  time  ?  A.  Yes,  sir. 

Q.  Hid  Sir.  Harrington  say  to  you  that  that  was  a 
violation  of  your  contract  with  him  ?  A.  No,  sir. 

Q-  He  made  no  such  claim? 

A.  Not  in  those  words. 

Q.  Substantially  that — did  In;  claim  that  you  had 
no  right  to  be  employed  by  the  Western  Union 
Company  to  make  duplex? 

A.  He  never  said  I  had  no  right. 

Q.That  continued  until  after  this  (pindruploxjnimo 
out? 

A.  Yes,  sir ;  I  am  referring  previous  to  1874.. 

Q.  Previous  to  making  the  Prescott  agreement  of 
.  August,  1874? . 

A  Previous  to  that  he  had  not. 

Q.  They  made  no  objections  up  to  the  Prescott 
agreement  to  your  making  duplexes  for  the  Western 
Union  Company,  and  being  employed  by  that  com¬ 
pany  in  the  manner  in  which  they  knew  you  were 
employed. 

Mr.  Wheder. — Whom  do  yon  mean  by  “they”? 

Mr.  VUikerson. — Harrington  &  Reiff  ? 

A.  They  said  I  hadn’t  ought,  to  do  it. 

,  Q.  Hut  they  claimed  no  right  ? 

A.  The  contract  was  not  mentioned. 

Q.  No  contract  mentioned.  The  improvement 
of  tlie  Wostern  Union  Co.’s  apparatus'  militated 
against  the  interest  of  automatic,  did  it  not? 

A,  It  might  alfoct  their  great  improvements. 

Q.  It  might  militato  against  that  interest  1 

The  Court.— W as  any  reason  assigned  by  them 


803 


when  they  said  you  ought  not  do  it.  I  do  not  ask 
you  for  the  reason  ?  A.  Yes,  sir. 

Q.  AVIiat  was  it?  A.  Have  I  to  answer  that? 

Q.  Yes,  sir. 

The  Court.— You  must,  if  it  is  insisted  upon. 

A.  It  might  hurt  them. 

Q.  The  Automatic  Co.  ?  A.  Yes,  sir.  1329 

Q.  Don’t  you  remember  that  you  gave  to  Mr. 
Serrell  eight  powers  of  attorney  in  blank  for  the 
purpose  of  being  us^d  by  him  in  the  withdrawal  of 
the  cases  A  to  If  in  the  Patent  Office  ? 

A.  I  revoked  the  powers  of  attorney  to  Munn  & 

Co.,  and  substituted  Mr.  Serrell  instead. 

Q.  You  gave  him  8?  ' 

A.  A  power  of  attorney  with  each  patent ;  yes, 

Q.  Prom  A  to  II  ?  A.  Yes,  sir. 

Q.  For  the  purpose  of  being  used  by  him  in  • 
effecting  the  amalgamation  (I  will  use  that  word)  of 
the  cases  of  A  to  Ti  with  those  which  were  then  going  lrtdu 
through  his  hands  from  94  to  100,  and  so  on  ? 

A.  Well,  perhaps  for  that  purpose,  and  perhaps 
for  other  purposes — as  attorney  for  the  procuring 
of  those  patents  in  place  of  Munn  &  Co. 

Q.  And  to  deal  with  the  former  applications  in 
that  connection  ? 

A.  To  deal  with  them  iis  attorney  in  procuring 
those  patents. 

Q.  Were  not  powers  specifically  given  also  to 
withdraw  those  applications :  .  _ 

A.  They  were  the  usual  powers  of  attorney  given 
with  a  patent— the  same  power  of  nttorney  that  1 1331 
would  give  if  I  intended  to  get,  out  a  patent— the 
usual  power  of  attorney. 

Q.  A  question  was  put  to  you  as  follows :  “(You 
“  were  asked  in  regard  to  the  use  of  machines  de¬ 
scribed  in  case  //sons  to  mnkc  it  practically 
«  operative  to  transmit  two  messages  in  the  same 
“  direction  ;  you  said  it  could  not  bo  done  without. 

“  adding  something  to  it.  A.  Yes,  sir. 


11  Q.  Wlmt.  would  you  add  to  case  II  in  order  to 
1  enable  it  practically  to  operate  for  jlic  Imnsmis- 
1  sion  of  two  messages  ill  the  same  direction  2 

“  A.  I  enfold  add  a  number  ot  things  ;  I  could 
‘  add  some  ot  the  devices  shown  in  case  00. 

“  CJ.  Which  one? 

“  A.  Immaterial  which,  both  good.” 

Q.  Meaning  both  tho  bug-traps’  A.  Yes,  sir. 

[Heading  continued  by  Mr.  Dickerson  :]  “  AVere 
1  those  devices  known  at  the  lime  ot  making  the 
1  application  for  case  III  A.  I  am  not  sure. 

“  Q.  Look  at  that,  (that  is  case  00)  and  see  ? 

“  A.  I  could  not  say.” 

Q.  You  don’ t  remember  how  tlmt  is  ?  A.  No. 

Q,  Were  there  not  equivalent  devices  which  were 
known  at;  the  time  ot  making  the  application  2 

A,  Devices  well  known,  but  the  applica  tions  per¬ 
haps  were  not  made. 

Q.  “You  say  tho  devices  were  known  at  the  time 
“  of  making  tho  application  in  case  II,  which  would 
“  accomplish  this  result  2  A.  Yes  sir. 

“Q.  Sending  two  messages  at  the  same  time? 

“A.  No,  sir.” 

A.  That  must  bo  a  mistake;  I  guess  I  said  yes,  sir, 
in  place  ol  no,  sir 

Q.  I  am  going  to  ask  you  a  question  to  clear  up 
the  matter.  Do  yon  wish  to  say  yes,  there?  . 

A.  I  think  I  do  j  I  don’t  quite  understand  it. 

Q.  I  don’t  think  you  do,  but  it  is  for  you  to  say  ? 

A.  I  think  I  am  under  the  impression  that  I  snid 
yes,  because  at  the  time  I  made  the  application  for 
case  II,  I  did  have  that ;  therefore  my  answer 
would  be  wrong ;  1  testify  that  I  had. 

'  Q.  I11  that  point  ot  view  you  are  light-yes,  sir, 
instead  of  110,  sir?  A.  Yes,  sir. 

Q.  Now,  looking  at  the  fifth  claim  of  your  appli¬ 
cation  Ot),  you  will  see  these  words :  “  Tho  receiv¬ 
ing  instruments  or  sounder,-  in  tho  constant  circuit 
from  the  battery  U,  in  combination  with  the  bal¬ 
ancing  local  If,  circuit  and  circuit  closing  awn  S, 


SO  0 

and  electro-magnet  0,  substantially  ns  set  forth.” 

That  is  a  claim  for  tho  bug  trap,  is  it  not  ? 

A.  That  combination  fo;  that  purpose. 

Q.  And  you  thought  you  wore  the  inventor  of  it, 
when  you  made  that? 

A.  I  perhaps  was  not  tho  inventor  of  the  device, 
but  the  application — the  device  as  applied  for  that  1385 
purpose. 

•Q.  Tlie  elements  themselves  are  old  2 

A.  The  sounder  and  battery  are  very  old. 

Q.  You  mean  by  that  you  were  not  the  inventor 
of  the  battery,  nor  tho  sounder  nor  any  of  its  ele¬ 
ments?  - 

A.  Perhaps  I  was  not  even  the  inventor  of  that 
combination,  but .1  was  tho  inventor  of  that  com¬ 
bination  to  effect  a  certain  result. 

Q.  Yon  wero- the  inventor  of  combining  together  - 
those  two  elements  to  produce  this  result,  and 
you  believed  you  were  so  at  that  time?  133G • 

A.  Yes,  sir. 

Q.  And  at  that  time,  so  far  as  you  know,  there 
there  was  no  such  combination  in  the  world  ? 

A.  Certainly  not. 

The  Court. — You  mean  the  combination  that  is 
here  described  with  the  apparatus  to  produce  this 
result? 

Mr.  Dickerson.-- Yes,  sir. 

Q.  That  combination  is  the. bug  trap,  is  it  not? 

A.  Yes,  sir. 

Q.  And  up  to  that  time,  so  far  11s  you  know,  1337 
there  was  not  .any  machine  in  existence  that  re¬ 
quired  a  bug'trap  ?  A.  No,  sir. 

Q.  The  bug  was  developed  by  your  invention  ? 

A.  I  will  withdraw  that  answer.  There,  were  sev¬ 
eral  that  needed  it  .very  badly,  but  it  was  never  add¬ 
ed  on  to  them.  - 

Q.  You  invented  this  bug  trap  to  remedy  that 
evil  which  was  peculiarly  developed  in  your  inven¬ 
tion?  A.  Yes,  sir. 


:«)<s 

q  x  will  mwl  tin  extinct  from  your  testimony. 
Brother  AVheclor  said  to  yon :  You  were  ask-  . 
ed  by  Mr.  Dickerson,  on  Monday,  tins  question  : 
“Taking  the  invention  of  09  just  as  it. stands,  witli- 
“  out  adding  to  it  or  taking  from  it,  does  that  tiling 
“successfully  and  economically  develop  into  prac- 
133S  “  deal  use  tlie  Little  or  otlior  system  of  automatic 
«or  fast  system  of  telegraphy?  And  you  said, 

“  If  you  coniine  it  that  way,  of  course  not.  You  re- 
“  member  that,  and  you  said,  Yes,  sir.  Now,  what,  if 
“anything,  would  you  add  to  it,  in  older  tonccom- 
“  plisli  the  results  statedin  that  question.  A.  Auto- 
“  malic  iiistriinieuts.  Q.  Will  you  make  a  draw- 
“  ing  of  how  you  would  do  it  ?  A.  Am  I  boniid 
“  to  make  the  application.  Q.  I  will  ask  you  this 
‘  ‘  question.  If  you  add  to  ease  09  aw  automatic  trans- 
“  mitting  instrument  would  that  accomplish  the 
“  results  stated  in  Mr.  Dickerson’s  question  ?  A. 
non  “  Automatic  transmitting  and  receiving  instruments 
Ioo“  —  yes,  sir.”  Did  von  mean  by  that  to  say  that 
taking  the  machine  exhibited  in  tlie  drawing  of 
00,  and  adding  on  to  it  the  automatic  Ininsnuttci 
and  chemical  receiver  at  tlie  other  end,  that  that, 
addition  would  successfully  and  economically 
develop  into  use  the  Little  or  other'  system  of 
Automatic  or  fast  system  of  telegraphy  ?  A.  It 
properlyapplied— yes,  sir.  . 

Q.  No;  applied  as  I  have  stated.  Now,  leaving 
case  99  as  you  have  it,  and  then  adding  to  the  tail 
end  of  it  the  chemical  paper  in  the  place  of  a  sound¬ 
er  and  adding  a  transmitter  at  the  other  end  in 
1340  place  of  the  key,  did  you  mean  to  say  that  that 
thing  would,  in  your  opinion,  be  a  .successful  and 
economical  development  into  practical  use  of  tlie 
Little  or  other  system  of  automatic  or  fast  tele- 
grai>hy  1 

A.  It  there  is  any  object  in  doubling  the  speed 
by  which  the  messages  can  be  transmitted  over  that 
wire,  or  any  object  ill  obtaining  190  messages  in 
the  same  time  that  you  obtain  90  by  this  process, 


'then  it  would  be  an  economical  application,  and  I 
can  make  the  application. 

Q.  Now,  if  you  did  that  you  would  slow  down 
your  automatic  system  to  the  speed  of  the  electro 
magnetic  one  1  A.  That  has  nothing  to  do  with 
the  question. 

Q.  I  am  asking  you  that  question  1 

A.  That  is  another  question.  . 

Q.  Yes, sir;  another  question  ? 

A.  As  regards  tlie  automatic  ns  worked  now,  and 
in  the  way  it  would  be  worked  here,  it  would  slow 
it  down ;  yes,  sir. 

Q.  By  putting  in  between  tlie_  transmitter  of  any 
automatic  chemical  telegraph  and  the  receiver,  an 
electro-magnet  for  the  purpose  of  retransmitting  the 
impulse,  that  would,  in  place  of  improving  the  au¬ 
tomatic,  slow  it  down  1 

A.  Yes,  sir  ;  it  would  slow  it  down. 

Q.  'And  the  elfect  of  putting  in  here  this  electro¬ 
magnetic  system  inside  of  the  terminals  of  a  cliem- 1343 
;  ical  automatic  system  would  be  to  slow  clown  the 
:  capacity  of  that  in  respect  to  the  speed  with  which 
.  a  message  could  be  transmitted  1 

A.  It  would  slow  it  down. 

Q.  Do  you  call  tlmt  successfully  and  economical¬ 
ly  developing  an  automatic  system  of  telegraxiliy  ?•, 

*  A.  In  one  sense ;  yes,  sir. 

Q.  In  what  sensei 

A.  In  the  sense  that  you  get  double  the  speed 
over  the  wire  and  got  double  the  amount  of  busi¬ 
ness  with  a  given  apparatus-on  this  apparatus— to 
apply  automatic  telegraphy.  ^  •  '  ■ 

Q.  To  apply  automatic  telegraxiliy  to  case  991343 
would  improve  case  90  ?  A.  Yes,  sir. 

qv To  apply  09  to  automatic  would  not  improve 

automatic,  would  it? 

A.  It  might,  some  automatic. 

Q  1  mean  the  chemical  automatic,  such  ns  you 
had  at  that  time  ;  the  fast  system  that  you'  were 
then  talking  about  1 


A.  It  might  under  certain  circumstances ;  it 
might  be  good  for  one  man  and  not  good  for  another. 

Mr.  Wheelin'. — Bo  yon  mean  in  a  practical 


Mr.  Diekenon.— The  question  that  T  am  patting 

13.141s:  wlietlier  yon  moan  to  say  that  to  put  electro¬ 
magnetic  instruments  between  the  transmitter  and 
the  chemical  receiver  or  the  chemical  automatic  tel¬ 
egraph,  would  be  any  improvement  to  the  chemical 
telegraph ! 

A.  Possibly  there  would  be  a  condition  arise  in 
some  remote  country  that  it  would  be  actually  a 
benefit. 

Q.  I  am  not  asking  about  the  possibility  in  the 
kingdom  of  Dahomey,  but  intlie  State  of  New  York 
and  the  United  States  of  America  ? 

The  Court.— It  would  not  increase  tlie  rapidity.  of 

1345  transmission? 

A.  No,  sir ;  he  asks  me  wlietlier  it.  is  an  improve- 

Q.  I  am  speaking  of  a  beneficial  improvement ; 
suppose  somebody  goes  down  to  the  automatic  line 
working  to  Boston  or  to  Philadelphia,  and'  should 
put  into  that  line  mechanical  electro- mnguetic '.in¬ 
struments.  the  first  of  which  should  be  a  transmit¬ 
ter,  and  at  the  other  end  of  'the  line  an  electro-mag¬ 
netic  receiver  which  should  pull  the  trigger  of  an¬ 
other  local  battery,  to  work  the  chemical  paperma- 

1346  c*1*,le’  would  you  consider  that  a  development  of 
the  automatic  or  chemical  system,  in  practical  and 
successful  economical  operation  ?  A.  Relatively,  no. 

Q.  It  would  put  it  buck  ? 

A.  As  between  what  is  worked  now  and  this  ar¬ 
rangement  here,  it  would  not. 

Q.  It  would  put  it  back — it  would' be  an' impedi¬ 
ment  ?  A.  On  case 00  ? 


Q.  No,  sir;  intlie  case  T  have  put  to  you.  We 
have  a  line  to-day  running  from  Now  York  to  Phil¬ 
adelphia,  automatic  ? 

A.  Just  a  straight  line. 

Q.  That  can  transmit,  I  suppose,  it  you  had  the 
apparatus  all  right,  and  the  paper  perforated,  as 
,  you  say,  1,000  words  a  minute  to  Philadelphia  2  1347 

A.  Perhaps  so. 

Q.  Now,  if  you  should  put  into  that  line  a  Morse 
key  to  lie  operated  by  the  perforated  transmitter  in 
New  York,  and  to  send  the  signals,  and  put 
in  at  the  other  end  in  Philadelphia,  an  electro  mag¬ 
net  to  receive  the  signals  upon  an  armature,  which 
armature,  would  open  and  close  the  circuit  of  a 
local  battery  to  operate  the  chemical  receiver  :  you 
11  mlersl  a  ml  that  suggestion  i  A:  Yes,  sir. 

.  Q.  That  is  a  perfectly  practical -tiling  to  do? 

A.  Yes,  sir. 

Q.  Would  that  be,  in  your  judgment,  a  develop 
niunt  in  the  economical  and  successful  use  of  the  1(14:8 
automatic  or  fast  system  of  telegraphy  i 

A.  It  would  be  a  development,  but  not  as 
against,  the  one  already  in  use. 

Q.  It  would  put  it  backward  2 

A.  As  against  that  it  would. 

Q.  Could  you  send  1,000  words  that  way ! 

A.  No,  sir. 

Q.  Could  you  send  more  than  80  or  1)0.  or  some¬ 
where  there?  A.  About  80. 

Q.  You  would  pull  it  down  from  1.000  to  80  or 
90,  by  tluit  process  A.  Yes,  sir. 

Q.  You  would  not  suppose  that  was  a  very  use-  ;  jj.j  9 
fill  or  economical  tiling  to  do,  would  you  1 

A.  It  might  lie  if  you  could  do  with  less  people- 
less  opera  tors. 

The :  ConH.— ’flint  might  lie  a  more  economical 
process?  ' 

'  A.  It  might  bo  by  tliat  process,  if  you  could  ,  do 
away  with  some  of  the  operators. 


Q.  You  could  not,  could  you  ;  you  would  lmve 
have  more,  would  you  not? 

A.  Perhaps ;  I  lmve  an  idea  that,  you  could  do 
itli  less. 

Q.  In  the  lirst  place,  you  would  have  to  have 
ore  apparatus  and  more  batteries  ?  • 

A.  Than  increase  09  ? 

Q.  No,  sir;  no  matter  about  00. 

A.  I  don’t  see  why  you  would  have  to  have  any 

Q.  You  would  have  to  have  a  local  battery  ti 
ork  your  receiver,  which  is  now  worked  from  tin 
ie  main  line  battery  on  the  Bain  system  ? 

A.  Not  necessarily. 

Q.  Let  mo  ask  you  the  questions  in  detail.  Tin 
ise  that  I  have  put  is  :  First,  a  perforated  turns 
it. ter;  second,  a  mechanical  or  koy  transmitter 
minted  from  the  perforated  transmitter ;  now 
t  would  lie  necessary  to  have  a  battery  to  worh 
lot  key,  which,  battery  would  be  ‘thrown  it 
id  out  of  circuit  by  the  perforated  transmitter? 
A.  I  could  do  everything  with  perforators  tlmi 
ju  can  do  with  keys  ;  therefore,  I  would  not  I um 
ly  keys. 

Q.  Of  course  you  woidd  hot  ha  ve  any  key's ;  bill 
have  given  you  the  case  of  a  key  to  find  out 
om  you  whether  it  would  be  a  good  thing  to  do  ? 
A.  I  could  even  do  it  then;  I  could  work 
e  key  by  the  perforations  without  any’  buttery'. 
Q.  You  must  have  some  power  to  work  the  key  I 
A.^  The  power  that  drives  the  automatic  instru- 

Q.  The  same  power  that  drives  it,  would  also 
irk  the  key?  A.  Yes,  sir. 

Q.  Then  there  would  be  no  necessity  for  the  per- 
•tor?  A.  No  need  for  any  batteiy. 

JJ.  There  would  lie  no  need  of  any.  perforator,  bo¬ 
use  if  you  made  any  mechanical  motion  that 


would  trip  the  key-,  you  would  not  need  a  perfm 
ated  paper  to  trip  the  key  2 

A.  I  would  use  tlio  perforated  paper  to  trip  tin 
key,  and  I  would  carry  forward  the  perforate? 
paper  by  hand. 

Q.  You  would  cany  the- perforated  paper  by 
hand,  and  then  what  ? 

A.  Open  and  dose  the  circuit  and  transmit  tin 

Q.  Then  you  would  not  have  a  key  ? 

A.  I  could  have  a  key,  certainly. 

Q.  Then,  if  you  had  a  key  that  opened  and  close? 
he  circuit,  it.  would  not  be  opened  and  closed  by 
lie  perforated  paper  2 

A.  It  would  be  controlled  by'  the  perforate? 
laper— practically  that  is  the  same  tiling. 

Q.  Not  for  the  purpose  of  my  question  ;  I  wain 
o  fix  y’our  attention  to  the  hypothesis  that  I  linvt 
liven  yon,  and  not  to  anything  else;  my  hypothesis 
s  this:  a  perforated  transmitter,  such  ns  is  in  use 
n  the  chemical  automatic  telegraph,  inNewYork, 
u-day  ;  secondly',  in  place  of  letting  that  perforated 
>n per  open  and  close  the  main  line  circuit,  use  it 
or  the  purpose  of  operating  a  mechanical  trails- 
litter  called  a  key',  which  mechanical  transmitter 
liould  open  and  close  the  main  line  circuit  in  place 
f  the  peforaled  paper;  you  understand  that. 


peak  of  what  you  might  invent? 

A.  The  battery'  could  work  that  key  2 
Q.  That  would  he  the  obvious  way  to  do  it,  in 
uit  connection  ?  A.  That  would  be  a  good  way. 
Q.  Then  I  mil  going  to  work  that  key  now  ;  if  it 
[iiild  1m  .worked  otherwise  I  do  not  care  ;  then  you 
mst.  have,  in  addition  to  your  perforated  paper 
iiiismitter  a  key  :  that  is  more  machinery  is  it 


A.  You  have  got  to  add  more  machinery ;  I 
agree  to  that. 

Q.  Then  when  yon  get  to  the  other  end  of  it,  yon 
have  an  electro  magnetic -receiver,  or  relay  ? 

A.  Yes,  sir. 

Q.  Which  opens  anil  closes  ?  A.  Yes,  sir. 

I  Q.  Then  how  will  it  perform  the  effect  ot  getting 
a  message  upon  the  chemical  paper  unless  it  opens 
and  doses' the  circuit  of  a  local  battery  which  per¬ 
forms  the  office  of  passing  through  tin:  paper  ! 

A.  Shunt  a  portion  of  the  main  line  current  on. 
and  let  that  control  the  shunt. 

'  Q.  That  is  to  say,  put  in  an  unnecessary  thing, 
and  then  shunt  it  out!  A.  Put  in  an  unnecessary 

Q.  Yes,  sir;  put.  m  the  mechanical  relay  and 
then  shunt  .out  the  relay,  for  the  purpose  of  liiius- 


A.  You  wanted  to  know  how  I  should  dispense 
1 '  with  the  battery  ;  how  I  would  get-  around  it ;  l 
simply  say  that  T  would  shunt'  a  portion  of  the 
main  current  through  the  receiving  instrument  and 
control  the  shiinthy  the  magnetic  instrument ;  that 
is  just  as  good  as  a  local  ;  there  is  no  objection  to 

Q.  Tlint  amounts  to  the  same  thing  as' not  hav¬ 
ing  any  machines  in  there,  and  just  taking  the  sig¬ 
nals  there  through  the  perforated  paper ! 

A.  Certainly  it  does  not. 

Q.  That  is,  you  could  have  a  machine  there  but. 
not  make  any  valuable  use  of  it ;  now  having  done 
git,' that  way,  then  would  that,  in  your  .judg¬ 
ment,  be  an  improvement  to  an  automatic  liiie’up- 
on  which  you  hud  these  tilings  '( 

A.  In  that  particular  case  it  would  not. 

Q.  It  would  be  making  it  much  worse  ! 

A.  That  would  be  an  automatic  line  and  n  Morse 
line  combined. 

Q.  That  is  hot  a  good  thing  ! 

A.  It  would  not  he  li  good  tiling. 


The  Court. — It  would  not  be  a  good  thing  for  the 
automatic  1 

Mr.  Dickerson. — No,  sir. 

The  Witness. — I  understand  you  were  talking 
about  tile  multiple  transmission !  1359 

Q.  When  you  come  to  apply  a  multiple  trans¬ 
mission  to  automatic  telegraphy,  then  you  would 
not  use  any  of  these  electro-magnetic  apparatuses, 
stall! 

A.  To  make  a  good  application? 

Q.  Yes, -sir.  Would  you  make  such  a  thing  as 
that  drawing! 

A.  I  might  combine  some  . signalling  instrument  ■ 
for  the  purpose  of  signalling. 

Q.  Independently — for  several  messages ! 

A.  Yes,  sir;  perhaps  I  would  use  one  side  for 
Morse  signals,  and  tile  other  side  for  automatic.  1 11(10 

Q.  That  is  you  would  put  up  two  sets  of  instru¬ 
ments  on  one  wire  ! 

A.  Yes,  sir. 

Q.  I  am  now  011  the  mere  qui  stioii  of  improving 
the  automatic  by  itself ;  not  upon  the  question 
whether  you  would  use  11  wire  sometimes  for  one 
kind,  and  sometimes  for  another.  You  would  not 
snv  it  wiis  1111  improvement  to  the  automatic  to  put 
the  Morse  system  with  it!  .  . 

A.  They  do  use  it ;  we.  have  to  use  the  Morse 
system  in  one  sense. 

*Q.  That  is,  you  use  it  to  send  signals  independ-  „ 
ently  of  tho  automatic?  ' ‘ 

A.  Yes,  sir ;  when  we  are  using  automatic,  we 
use  Morse. 

Q.  I  speak  now  of  tying  them  together,  so  that 
the  message  cannot  be  sent  linlessboth  co-operate? 

A.  It 'might  lie  economical  to  duplex  a  wire  and 
use  one  side  to  signal,  and  the  other  side  to  work 
it  automatically  ;  therefore,  in  that  conjunction,  it 
would  be  economy. 


Q.  7  am  nn  tlio  question  simply  of,  tlio  improve¬ 
ment  of  the  automatic  tiling  itself,  without  regard 
to  whether  you  would  duplicate  or  quadruples: 
coniine  your  mind  to  that ;  it.  would  lie  nil  injurious 
thing,  would  it  not,  to  put  into  the  automatic  line 
the  Morse  system,  so  that  the  message  could  not  l>u 
!  sent  unless  lioth  systems  or  both  methods  co-oper¬ 
ated  in  sending  it? 

A.  I  would  see  no  advantage  in  it  myself. 

.  Q.  You  would  seen  great  disadvantage — slowing 
the  speed  from  a  thousand  words  to  eighty  would 
bo  n  disadvantage? 

A.  Perhaps  it  might  not.  be  in  all  cases. 

Q.  Then  you  think  Mr..  Little  when  he  slowed 
down  the  speed  of  tile  old  instrument  from  n  hun¬ 
dred  words  to  eighty,  and  from  some  huger  number 
of  perforations  to  that  of  seven  a  minute,  he  did  u 
serviceable  thing? 

A.  Ilis  patent,  says,  “Improvements  in  tele¬ 
graphy.”. 

Q.  Do  you  think  flint  was  an  improvement  ? 

A.  Tn  my  opinion  it.  was  not. 

Jie-direel  examination  In/  Mr.  Butler  : 

Q.  With  proper  adjustment  of  the  automatic 
system  to  quadruples,,  would  it  not  improve  the 
mode  of  telegraphing  by  making  it  more  cconohiifenl 
and  more  certain  to  do  it  as  you  would  want  to  do 
it — not  the  way  Mr.  Dickerson  wants  to  do  it? 

A.  It  would  for  the  Atlantic  and  Pacific  Com- 

Q.  Why  the  Atlantic  and  Pacific  Company  ns 
against  the  Western  Union  Company— wlmt  is  the 
difference  which  shows  it  to  be  preferable  for  one 
and  not  the  other  ? 

A;  Because  that  company  have  not  the  facilities 
that  the  Western  Union  Telegraph  Company  have. 

Q.  'Mint  do  you  mean  by  facilities  ?  * 

A.  They  have  not  the  transmitting  capacity  j  they 
cannot  do  the  business ;  they  have  not  so  hmiiv 


Q.'  Then  yon  could  get  along  with  the  quadruple 
system  and  the  automatic  system,  with  less  win 
and  less 'cost.of  niaintainanco  ? 

A.-  As  relative  to  wlmt  ? 

Q.  As  relative  to  the  Western  Union  Company! 
.  A.  Yes,  sir;  they  could  do  more  with  the  anti 
inatic  applied  to  quadruplex  than  they  could  wit 
quadruplex? 

'Jlie  Court. — I  don’t  understand  the  witness  to  sn 
that  the  Atlantic  and  Pacific  Company'  could  d 
more  with  the  automatic  applied  to  quadruple 
than  the  Western  Union  Company  could  do  wit 
the  automatic  applied  to  quadruplex. 

Genii.  Butler. — No,  sir. 

Q.  How  would  it  bo  as  a  ma  tter  of  economy  t 
use  the  quadruplex  with  the  automatic  at  one  end 
and  the  Morse  at  the  other  ? 

A.  That  method,  I  don’t  think  would  be  econoini 
cal  as  some  other  methods  would  be. 

The  Court.— The  capacity  to  receive  would  b 
very  much  less  than  the  capacity  to  transmit? 


would  be  an  advantage  to  the  Atlantic  and  Pacifii 
Company,  to  use  the  quadruplex  as  an  aid  to  then 
.  .automatic  machinery  ? 

A.  Yes,,  sir ;  it  could  be  made  so. 

Q.  Now,  about  this  contract  which  1ms  been  in¬ 
troduced  ,  which  was  made  on  the  Oth  of  .Tilly, 
(Exhibit  30.)  Up  to  the  Oth  of  July  had  Mr.  Pres¬ 
cott  made  any  inventions  in  the  line  of  the  quadru- 
plex  and  duplex  systems  as  described  in  tliis 
paper? 

A.  T  think  not.  . ■  " 

Q.  Had  lie  ever  claimed  to  make  any  ? 

A.  No,  sir. 

Q.  Who  drew  up  this  paper  ? 

A.  Mr.  Soron,  of  Porter,  Lowrey  and  Soren. 

Q.  At  whose  request ;  at  yours  or  Mr.  Prescott’s  ? 


407 


A.  I  believe  Mr.  Prescott  suggested  Mint  we 
sliould  go  to  Mr.  Soren. 

Q.  Hud  Mr.  Serroll  been  yonr  counsel  nt  tlint 
time? 

A.  IIo  wns  my  patent  attorney  only. 

Q.  In  whose  handwriting  is  this? 

'  8  A.  1  couldn’t  say. 

Q.  It  is  not  in  yours?  A.  No,  sir. 

Q.  Hid  it  refer,  ns  you  understood  it,  to  yonr  past 
inventions,  or  only  to  future  inventions,  as  von  two 
jointly  sliould  make?  . 

A.  To  past  inventions  and. future  inventions  both. 
Q.  And  Mr.  Prescott  was  to  swear  then  when 
yon  took  out  the  patents,  ns  yon  understood  it, 
tha  t  io  was  a  joint  inventor  of  your  past,  inventions 
winch  he  was  not,  was  lie  ? 

A.  That  was  tile  reason. 

Q.  for  what?  A.  That  was  the  reason  why  we 
[/ g  made  another  contract. 

in  Ar  •VO"and  Xrr-  P'hseott  carry  applications 
to  Mr.  boron  Tor  the  patents  under  this  agreement 
"here  you  both  swore  you  were  joint  inventors  ? 

A.  I  he  patent  papers  were  prepared  sliowim' 
tlinr  both  were  joint  inventors,  but  they  were  not 
sworn  to,  because  I  was  advised  that,  perhaps,  it 
would  lie  better  not  to  do  it. 

Q.  Who  advised  that  ?  A.  Mr.  Sorrell. 

Q.  Who  prepared  those  applications  which  Mr 
liotiit1  ln,t  1,iS  1'"nd  "l,0,,-y°"  or  Prescott,  or 

A.  These  applications  were  prepared  by  Jr,-.  Ser- 
Orel! — the  specif  ion  tions. 

Q. .  When  lie  prepared  the  specifications,  do  you 
know  whether  lie  understood  that  Prescott  had  not 
made  any  inventions? 

A.  I  cannot  say. 

Q.  When  lie  did  understand  lie  hadn’t  made  imv 
inventions  was  file  time  lie  stopped  it » 


Q.  Therefore,  tlioso  wore  withdrawn  2 

A.  Mr.  Prescott’s  name  was. 

Q.  Mr.  Prescott’s  name  was  withdrawn  from 
tliose  ?  A.  Yes,  sir. 

Q.  And  the  application  was  made  in  your  own 

*Q.  Did  Mr.  Sorrell  state  to  you  that  the  patents  1372 
would  be  invalidated  by  being  taken  out  in  . 
tlio lupno  of  a  man  who  hadn’t  invented  them? 

A.  He  told  mo  they ; would  be  invalid. 

Q.  Did  Mr.  Prescott  make  any  objection  to  going 
on,  and  do  liis  part  bjr  swearing  he  was  an  inven¬ 
tor  ?  A.  lie  didn’ t  make  any  objection,  no,  sir. 

Q.  If  I  understand  it  he  was  ready  to  go  through  ? 

A.  I  don’t  know  that. 

Q.  Do  you  know  that  lie  was  not  ? 

A.  I  don’t  know  that  ho  was  not,  and  . I  don’t 
know  that  ho  was. 

Q.  He  had  only  made  if  solemn  contract  to  do  it ; 
that  is  all  you  know.  Then,,  by  mutual  consent 
this  contract  was  withdrawn,  and  given  up,  was  it 
not?  A.  Yes,. sir. 

Q.  Had  Mr.  Prescott  paid  a  single  dollar,  up  to 
that  time,  of  his  own  money  to  your  knowledge, on 
account  of  this  contract  or  on  account  of  these  in¬ 
ventions  ? 

A.  At  the  time  of  making  the  contract  ? 

Q.  Yes,  sir.  A.  I  think  not  a  dollar. 

Q.  Had  lie  paid  a  dollar  between  the  time  of 
making  the  contract  and  the  time  you  carried  the 
iirst  patent  application  to  Mr.  Serrell? 

A.  I  think  not.  1374 

’  Q.  This  contract  recites,  I  see,  that  you luid  paid 
already  S118.25?  A;  Yes,  sir. 

Q.  I  want  to  bring  your  mind  sharply  if  I  can,  to 
this  question.  Were  all  these  inventions  for  which 
you  applied  for  patents—  these  eight  which  were  to 
he  issued  to  you  and  Prescott,  wholly  your  prior 
inventions? 

A.  At  the  time  of  milking  the  contract? 

Q.  Yes,  sir.  A;  Yes,  sir. 


Q.  Between  the  time  that  the  contract  wns  made 
nml  the  time  Unit  yon  went  to  Mr.  Serrell  with  the 
applications,  had  he  made  any  inventions  or  im¬ 
provements  whatever,  (lie  Prescott)  upon  those 
applications  ';  A.  No,  sir. 

Q.  Bid  you  understand  at  the  time,  and  do  you 
1875  understand  now,  that  Mr.  Prescott  was  to  take  one 
half  of  all  your  inventions  without  paying  any¬ 
thing  or  doing  anything  ? 

A.  lie  was  to  give  mo  facilities  and  assistance  for 
that  half. 

Q.  Had  he  given  you  any  facilities  or  assistance 
for  making  these  prior  inventions,  or  had  the  "West¬ 
ern  Union  Telegraph  Company  ? 

A,  The  "Western  Union  Telegraph  Company  had. 

Q.  Then  from  the  time  that  Mr.  Sen-ell  advised 
against  this  contract  it  wns  all  understood  to  he 
laid  aside  !  A.  A  new  one  was  made. 

-  „hr  Q-  And  a  new  one  to  be  made  1  A.  Yes,  sir. 

13 ' 6  Q.  And  that  one  was  the  contract  of  the  lOtli  of 

Q.  Between  the  time  of  giving  tills  up  and  mak¬ 
ing  the  contract  of  the  19th  of  August,  has  Mr. 
Prescott  invented  anything'! 

A.  I  believe  not — not  in  those  cases. 

Q.  I  mean  in  tiiose  cases.  Prom  the  time  this  con. 
tract  was  given  up  to  the  time  of  mnking  the  con¬ 
tract  of  the  19th  of  August,  had  Mr.  Prescott  paid ' 
anything  on  these  indentions? 

The  Court. — I  do  not  understand  the  witness  to 
1377  have  said  or  intimated  that  any  interval  elapsed 
between  those  points  of  time.;  I  understand  they 
were  simultaneous. 

Q.  How  long  after  you  first  went  to  Mr.  Serrell 
and  ho  advised  against  going  on  undor  this  contract, 
before  you  made  the  ono  of  the  lOtli  of  August  ? 

A.  Perhaps  within  a  week. 

Q.  Dining  that  week  Mr.  Prescott  had  not  made 
any  invention  that  you  know  "of  ? 


Q.  It  is  tlie  10th  of  July.  Had  there  been  any¬ 
thing  said  in  public  by  the  Western  Union  Tele¬ 
graph  Company,  or  anybody  else,  about  these  in¬ 
ventions  until  this  article  came  out! 

A.  Not  to  the  general  public. 

Q.  I  mean  the  general  public.  Then  this  con- 
•  tract  having  been  signed  on  the  9th,  on  the  night 
was  printed  wlmt  was  to  be  published  the  next 
morning!  A.  Yes,  sir;  if  the  dates  are  correct. 

Q.  And  the  publication  claimed  that  these  im¬ 
provements  was  greater  tlmifeven  Morse  1  1QlT- 

A.  I  forget  now.  1379 

Q.  It  was  about  like  that  ?  A.  I  forget  the  article. 

Q,  Let  me  refresh  your  memory.  Don’t  you 
recollect  that  the  paper  stated  that  this  promised  to 
be  of  almost  more  importance  to  the  people  of  this 
age  than  Morse’s  achievements  to  the  people  of  his 
time  1  A.  Something  of  that  kind. 

Q.  Didn’t  it  also  state,  tiie  invention  is  the  result 
of  the  joint  labors  of  George  B.  Prescott  and 
Thomas  A.  Edison  !  A.  I  believe  it  did. 

Q.  And  that;  a  great  deal  of  credit  was  due  to 
President  Orton  for  his  scientific  aid  1 
A.  I  don’ t  know  whether  it  said  scientific,  but  it  1 880 
mentioned  that  fact. 

Q.  Enterprising  policy  are  the  words  1 
A;  Yes,  sir. 


Q.  Yon  were  shown  by  Mr. Dickerson  the  methods 
of  Kramer  &  Bosscha,  as  delineated  in  Presflott’s 
book,  page  880,  which  are  described  with  reference 
•  to  the;  different,  position  of  the  keys ;  a  negative 


currant  having  the  strength  of  one  j  a  positive  cur- 
rent  having  the  strength  of  two  ;  a  positive  current 
having  the  strength  of  one ;  and  fourth, no  current! 
•  A.  Yes,  sir. 

Q.  Now,  what  I  desire  to  ask  yon  is,  as  to  yonr 
first  claim  of  00,  whether  it  is  not  a  distinctive 
1001  difference  between  that  claim  and  that  as  described 
...  ..in  Kramer,-  that  •  you-  never  -work  -.without-,  a  cur¬ 
rent!  • 


y..  \\  line  Kramer  works  sometimes  without  a 
current,  you  always  have  ajcurrent ?-..'. 

A.  I  always  have  one  current  or  another ;  either 

a  positive  or  a  negative  current. 

Q.  Now  state  whether  a  distinctive  difference  in 
principle  (leave  out  all  the  manner)  between 
1382  Kramer  s  and  yours, is  not  tliatin  the  case  of  Kramer 
he  cannot  control  which  shall  be  the  polarized  and 
wlucli  shall  be  the  increased  current :  that  some 
times  it  would  be  one  and  sometimes  the  other 
according  to  the  operator?  A.  Yes,  sir.  ’ 

Q.  That  is  to  say,  operator  A  and  operator  B  are 

operating  a  Kramer  instrument  over  one  wire  and 

operator  A  may  start  with  sending  a  message  by 
increase  of  tension,  and  operafor  B  may  start  by 
sending  a  message  by  negative  or  by  posrtive  elec 

clmnae  °f  *>»«■■««»'  may 

change  from  one  operator  to  the  other  ? 

Al  0116  operator  may  start  a  message  by  n  posi- 

hLT  °  a1Certain stre”S«'.  and provfded that 

the  other  party  does,  not  send  he  will  always  send 

•  tag,:  their  batteries  will  c^tee’alV^odue^diffi 


ent-effects-nmong  which  will  be  reversing  the  polar 

ity  and  mixing  the  signals  ? 

A.  As  on  the  wire. 

Q.  In  the  principle  of  your  method,  us  set  forth 
in  tile  first-claim  in  09,  does  each  operator  always 
retain  the  species  of  currents  with  which ,  lie 
starts?  If  operator  A  starts  sending  by  increase 
of  tension,  and  operator  B  sending  by  the  negative 
or  positive  current,  does  it  always  remain  the  same 
to  each  operator? 

A.  In  case  00  one  message  is  sent  by  tmnsmit- 
tingn  positive  current  or  a  negative  current,  al¬ 
ways  to  affect  tile  polarized  relay,  and  the  other  one 
is  transmitted  by  an  increase  and  decrease  of  the 
current — no  matter  which  it  is— perfectly  indepen¬ 
dent  of  each  other,  and  at  no  time  is  there  no  cur¬ 
rent  on  the  wire,  and  no  signals  are  produced  by 
no  current. 


Mr  Bvtler. — Transmission  of  messages  by 
increasing  or  decreasing  the  current;  I  use  the 
term  tension  as  a  shorter  term  ? 

Q.  That  is  to  say,  you  send  ono  message  by  in¬ 
creasing  or  decreasing  the  strength  ?  A.  Yes. 

Q.  And  you  send  the  other  by  the  negative  our- 
rent  ? 

A.  No;  I  prodnee  one  portion  of  the  signal  by 
the  negative  and  the  other  by  the  positive. 

Q.And  always  so?  A.  Yes ;  always  so. 

Q.  So  that,  there  never  can  lie  any  mixing  ? 

A.-  No.  . 

Q.  Now  take  your  claim  ns  yon  make  it,  and  will 
not  this.be  tlieexact  distinction  between  Kramer’s 
and. yours?  I  now  read  from  Kramer's  claim; 
‘•Transmitting  two  distinct  messages  over  one  wire 
in  the  same; direction,  and  at  the  same  time,  by 
changing  the  polarity  of  the  transmitted  current, 


413 


!"m!2linCle,,RinR  °r  deorcnsinS  *1,e  tension  of 

I  A.  That  would  be  Kramer's  provided  jron  strike 
j out  the  word  “distinct.” 
j  Q.  Then  I  strike  out  the  word  “  distinct”? 

1387  A‘ .  “ft,!ae  111  Kramer’s  device  they  would  lie 
j. ij very  indistinct. 

'■  Q.  Whereas  yours  is  transmitting  two  distinct 
/messages  over  one  wire,  in  the  same  direction  and 
.u  me  same  time,  one  operating  by  the  reversal  of 
the  battery  current,  and.  the  other  by  increasing  or 
decreasing  the  current  from  the  battery? 

A.  Yes,  sir.  . 

Q.  That  is  the  difference  ?  A.  Yes,  sir. 

Q.  And  this  claim  indicates  the  method  by  which 
this  principle  is  carried  out  ? 

A.  It  would  indicate  it  ;  it  indicates  the  principle. 
Q.  And  these  devices  in  tile  remainder  of  00  nro  • 
1 388  means  to  carry  out  that  principle  ?  A.  Yes,  sir. 

J^Aow  state  whether  Kramer's,  as.au  operative 
j  P.e’  icing  put  into  practical  operation,  be- 

came  a  failure  ?  A,  I  believe  it  did. 

Q.  And  to  overcome  that  difficulty  was  the  ob- 
J  n  L  0,inilvontlo,,i  A.  What  difficulty? 

Q.  Ihe difficulty  of  Kramer? 

A.  To  overcome  the  difficulty  or  transmitting 
two  messages  in  the  same  direetion-that  was  the 
object  of  my  invention.- 

Vte  Court.- What  peculiar  significance  is  at- 

unSm  “  -  **  •"» 

Mr.  B_uller.— In  the  Kramer  principle  the  two 
messages  mingled.  The  better  term  would  be  “  in- 
dependent  messages,  which  would  not  mingle. 

The  Court.  In  the  other  there  may  be  indenend- 


are  transmitted  without  confusion.  The  word  is 
attached  to  messages  ns  describing  the  “messages,” 
and  not  as  to  the  manner  in  which  they  are  trans¬ 
mitted. 

Mr.  Butler. — Not  necessarily.  It  was  not  very 
skillfully  drawn.  ’  jggp 

Q.  Now  turn  to  the  third  .claim,  or  case  H. 

Ex.  7 1  want  to  call  your  attention  to  that: 

“The  combination  with  the  main  line  circuit 
of  a  receiving  instrument  operated  by  changes  in 
the  polarity  of  tile  current  independently  of  ten¬ 
sion,  with  another  receiving  instrument  operated 
by  changes  of  tension  independent  of  polarity, 
means  of  changing  the  polarity  of  the  current,  and 
means  of  changing  the  tension  of  the  current ;  sub- 
oUi.tiully  as  and  for  the  purposes specilied.”  State 
whether  that  expresses  your  principle  as  it  is  in  09  ? 

A.  Yes,  sir;  perhaps  better  than  the  claim  in  1391 
that. 

Mr.  Butler. — That  shows  exactly  (here  is  always 
a  current  duo  to  olutuge  of  polarity  on  one  side, 
and  there  is  a  currant  due  to  increase  or  decrease 
of  tension  on  the  other,  and  never  mixing. 

Mr.  Dickerson. — And  you  have  it  patented  in 
case  II  ? 

Mr.  Butler.— Precisely  so. 

Q.  I  observe  that  you  were  asked  by  my  brother  jyijo 
Dickerson  about  applying  some  portion  of  your  in¬ 
vention' to  the  Stock  rind  Gold- Brokers'  Telegraph  ? 

A.  Yes,  sir. 

Q.  And  you  were  also  asked  whether  you  receiv¬ 
ed  $1  fio, 000.  I-'want  to  know  whether  you  received 
that  for  your  inventions  or  whether  for  your  ma¬ 
chines  which  you  made  for  them  ? 

A.  A  portion  of  the  money  was  received  by  the 
firm  with  which  I  whs  connected  for  manufacturing 


410 

Q.  Did  yon  receive  llio  letter  abont  these  con¬ 
tracts  by  the  lmnft  of  Mr.  Harrington’s  son  ? 

A.  At  some  time  I  did. 

Q.  TIow  soon  after,  or  about  what  time,  was  it 
that  you  received  such  a  letter  in  relation  to  the 
event  ot  that  publication  of  the  10th  of  July  2 

1399  a.  Perhaps  it  was  immediately  afterwards;  it 
was  afterwards,  anyway. 

Q.  Now,  sir,  at  that  time,  do  you  know,  or  just 
before  that,  do  you  know  whether  Mr.  Harrington 
was  in  Washington  1  A.  I  do  not. 

Q.  His  son  came  to  you  ?  A.  Yes,  sir. 

Q.  State  whether  his  son  gave  you  both  a  verbal 
and  a  written  message  on  that  subject! 

A.  I  think  lie  gave  me  a  written  note. 

Q.  Canyon  remember  whether  lie  stated  wliat 
his  father  told  him  to  slate  to  you  besides? 

A.  I  cannot. 

1400  Q’  ^r°'v>  sin  y°a  toll  us  you  have  looked  for 
that  letter  and  cannot  find  it.  Will  you  tell  us 
substantially  what  tile  contents  ot  that  letter  was  ? 

Mr.  homey. — We  object.  . 

Mr.  Sutler. — On  what  grounds  2 

Mr.  Lowrey. — On  every  conceivable  ground  in 
the  law  of  evidence.  And  besides,  upon  the 
ground  that  it  has  already  been  rilled  out  in  this 
case.  The  same  attempt  was  made  to  get  in  the 
contents  of  the  letter  yesterday  or  the  day  before. 

1401 

The  Court.— One  ground  which  was  pressed,  and 
which  was  sustained  by  the  court,  was  that  you 
cannot  contradict  your  witness.  You  have  proved 
by  him,  on  your  side,  that  Mr.  Harrington  neither 
consented  nor  objected.  Now,  if  by  refreshing  the 
witness’ recollection  by  showing  him  that  paper, 
or  recalling  his  attention  to  the  circumstance  of  a 
correspondence  which  cannot  be  produced,  you 
can  induce  him  to  correct  his  statement  in  that  ro- 


417 

gnwl,  or  modify  it  in  nny  particular,  you  may  do  . 
so;  but  I  do  not  think  you  can  contradict  tliowit- 
ness  by  producing  a  paper  by  which  you  will  show 
that  he  made  a  statement  not  according  to  the  fact. 

Mr.  Sutler.— My  own  mind  runs  in  the  line  of 
your  Honor’s  in  this  matter.  That  is  not  my  pur-  1402 
pose.  My  purpose  is  to  show,  first,  that  Mr.  Edi¬ 
son  was  speaking  or  verbal  communications. 

The  Court. — 1  don’t  think  that  you  could  have 
read  the  whole  testimony  on  (lie  subject  if  that  is 
your  understanding. 

Mr.  Sutler.— I  think  1  Lave,  your  Honor.  Sec¬ 
ondly,;  Mr.  Edison  gave  his  opinion  as  to  whether 
flint  was  an  objection  or  not.  H  1  can  get  him  to 
state  wliat  Harrington  said  in  that  paper,  then  the 
Court  would  be.  able  to  state  whether  it  was  an  ob¬ 
jection.  1403 

The  Court. — He  has  been  fully  examined  on  the 
subject,  and  it  seems  to  me  it  lias  been  exhausted, 
and  1  think  I  so  remarked  once  before. 

Mr.  Sutler.— At  that  time  none  of  us  Imd  a  copy 
of  that  letter. 

The  Court.— It  does  not.  appear  in  evidence  that 
you' "have  got.  it  now.  If  you  have  any  paper  which 
you  think  is  a  copy,  or  any  paper  which  you  think 
will  refresh  the  witness’  rt  collection  in  such  a  man-  ^,.4 
tier  as  to  induce  him  to  change  or  modify  the  state¬ 
ment  lie  has  made  in  that  regard,  you  may  show  it 
to  him;  1  will  permit  him  to  look  at  the  paper,  if 
it  can  refresh  his  recollection. 

Q.  Look  at  the  paper  shown  you. 

(Witness  refers  to  paper.) 

Q.  (Continued.)  Now,  after  raiding  this  paper 


Eiiibit  R,  If.  T.  W. 


have  yon  so  refreshed  your  mind  ns  to  bo  able  to 
say  whether  or  not  Mr.  Harrington  did  not  write 
you  not  to  make  any  contract  witli  the  Western 
Union  until  you  laid  seen  him,  or  Mint  in  substance} 

A.  That  was  the  substance  of  a  note  I  received  at 

1 405  Q.  Was  that  about  the  time  of  tiiis  publication  1 

A.  A  little  after,  1  think. 

Q.  Had  Mr.  Harrington  any  notice  from  you  until 
after  the  article  appeared  in  the.  Times  newspaper, 
that  you  laid  made  any  contract  with  the  Western 
Union  ? 

A.  I  think  I  showed  it  to  him  the  same  day. 

The  Court.— He  inis  stated  that  lie  showed  him 
this  very  paper. 

Mr.  Butler— He  had  the  paper  on  the  Otli  of  July, 
.and  it  was  on  that  very  day  that  he  made  tlioobjec- 
1400  tion.  This  is  the  9th  and  on  the  morning  of  the 
10th  it  came  out,  of  course  he  knew  it,  he  says  that 
lie  wrote  him  a  letter,  now  he  remembers  asking 
him  to  make  no  contract  until  he  laid  seen  him. 

Mr-  Dickerson.— lie  testified’  that  away  behind 
th.it  Harrington  knew  lie  had  been  in  the  employ  of 
the  Western  Union. 


,  Mr.  Dickerson.— Let  us  see  the  letter. 

Mr.  Butler.— Certainly.  But  if  you  look  at  it,  it 
goes  in  evidence. 

Mr.  Dickerson.— Wet  have  no  objection; 

Plaintiffs  counsel  rends,  the  letter  in 
evidence,  dated  July  o,  1874— marked 
Exhibit  R. 


Midnight. 

July  0, 187-1 

My  Dear  Jidison  : 

I  returned  this  l*.  m.  Have  not  seen  Reiff,  1 
having  learned  what  was  going  on  have  been  all 
evening  investigating,  and  therefore  hey  of  you 
see  me  before  you  sign  any  more  papers,  take  u 
money  or  go  to  any  other  place. 

Come  to  80  Broadway.  I  am  in  hopes  that  I  c 
relieve  you. 

At  this  moment  adverse  action  will  cause  a  1 
of  8100,000. 

Truly , 

(Signed) 

HARRINGTON 


Q.  I  find,  New  York,  Dec.  10,  1874,  a  receipt, 
want  to  know  of  you  it  George  A.  Prescott,  invc 
eil  any  system  of  duplex  or  quadruplex  telcgra 
for  which  letters  patent  had  been  applied  for 
you,  lip  to  December  10,  1874.  You  stated  that 
had  not  up  to  July  1874.  1  now  want,  to  kn 
if  lie  had  up  toDecember!  A.  I  think  not. 

Q.  How  certain  are  you  of  that ? 

A.  Almost  absolu  tely  certain. 

Q.  I  find  that  you  signed  a  receipt,  "  When 
Thomas  Edison  and  George  A.  Prescott  are  the 
von  tors  of  certain  improvements  in  telegraphy, 
lnting  to  duplex  and  quadruplex  telegraph 
whicli  letters  patent  have  been  applied  for  by  t 
,  said  inventors — "was  that  true  1 

A.  That  was  the  intention,  but  it  was  not  true. 

Q.  That  is,  it  was  the  intention,  under  your  cf 
tract,  that  you  talk  about,  of  July  nth  1 
■A;  Yes,  sir. 

Q.  Which  liad  been  abandoned  1 


1 


Mr.  Butler. — That  goes  to  the  effect  which  my 
brother  will  make  nil  argument  upon  by  and  by. 


420 


A.  Tf  luifl  been  abandoned— the  idea  of  having 
Prescott  in  it. 

Q.  Knowing  that,  no  .such  invention  line!  been 
applied  for,  why  did  yon  sign  the  receipt,  rocit- 

A.  .Because  I  did  not' suppose  it  made  any  dif- 
1.11 1  ferenco ;  it,  did  not  to  me.  anyway. 

Q.  Who  prepared  that  receipt  ? 

A.  r  don’t  know  that. 

Q.  Who  handed  it  to  you  ;  did  you  write  itt 
A.  I  think  Mr.  Mitmford,  the  vice-president  of 


Q.  Who  handed  it  to  vou,  was  it  Mr.  Prescott  ? 

A.  1  think  Mr.  Brewer. 

Q.  Who  was  lie ? 

A.  He  had  some  position  there  ns  stenographer. 

Q.  Ho  had  some employniciit  in  the  company  ? 

Q.  If  that  recital  is  not  true,  it  continues  to  set 
forth  that,  “  in  part  payment,  I  received  §5,000  to 
me  in  hand  paid,  for  said  assignment  and -transfer 
of  joint  im  cations,”  Were  there  any  such  joint 
inventions  to  lie  transferred  ? 

A.  No,  sir. 


Mr.  Bulhr. — The  words  are  “  said  inventions,” 
referring  to  what  had  been  called  joint  inventions. 

413  Q.  State  whether  at  that  time  you  were  in  need, 
1  and  informed  the  people  with  whom  you  wore  dcnl- 
liig  (the  Western  Union  Telegraph  Company)  that 
help?  *5 A  of  a  sum  of  'l  mo“«y  to  pay  your 
A  y"s  y°U  Sig"ed  tllis  PftPer  to  get  it  ? 

Mr.  Butter.— I  don’t  think  I  will  need  to  trouble 
you  any  further. 


421 


Re-cross  by  Mr.  Dickerson  .■ 

Q.  Is  it  not  true  that  it  was  at  your  suggestion 
and  request  Mint  Mr.  Prescott  and  you  appeared  in 
this  first  paper  in  the  diameter  of  joint  inventors  ? 

A.  That  was  conveyed  in  my  letter  to  him. 

Q.  Y011  thought  at  that  time  that  when  he  as¬ 
sisted  you  in  developing  this  thing  he  was  entitled  1415 
to  be  put  in  that  character? 

•  A.  I  thought  under  the  law  lie  Would  ho  entitled 
to  it. 

Q.  And-  then  after  the  papers  were  drawn,  you 
and  he  went  and  took  counsel  of  Mr.  Sorrell  whether 
you  were  right  in  your  impression  ?  A.  I  did. 

Q.  And  Mr.  Serrell  advised  you  that  your  views 
of  the  law  were  wrong  ? 

A.  Yes,  under  the  circumstances. 

Q.  Thereupon  the  papers  were  1  1  c  1 1 1  *d  t 

A.  Yes,  sir. 

Q.  How,  sir,  did  any  one  require  you  to  sign  any  14]  y 
particular  form  of  receipt  in  order  to  get  that 
§5,000. 

A.  They  did  not  require  me  to  do  so ;  I  just 
signed  the  receipt  ;  the  §5,00(1  was  what  i  wanted. 

Q.  You  asked  for  anything  from  §10,000  to 
§2,000,  and  Mr.  Orton  said,  “  I  will  give  vou 
§5,000?  A.  Yes. 

Q.  Was  tliore  any  discussion  about  the  form  in 
which  the  receipt  should  lie  ? 

A.  There  was,  between  Mr.  Mum  ford  and  Mr. 

Orton. 

Q.  Mr.  Mumford  was  vice-president.  What  was 
that?  MU 

A.  Some  conversation  as  to  the  particular  form 
it  should  lie  given  in. 

Q.  What  was  said  on  either  side  ? 

A.  I  cannot  say. 

Q.1  When  tliht  receipt  was  drawn  was  Mr.  Pres¬ 
cott  there? 

A.  I  think  he  was  not;  he  was  in  the  building, 

I  think,  but  not  in  the  oflice,  at  that  time. 


Q,  Tho  recoil)!  is  dated  December  10th.  No’ 
who  wns  your  patent  attorney  during  the  conlr 
versy  before  tlie  Commissioner  of  Patents,  in  tl 
Patent  Ollico,  which  began  witli  the  letter  of  .In 
limy  2itd,  to  the  Commissioner  of  Patents  2 
A.  I  don’t  know ;  I  think  there  were  several. 

Q.  Can  you  name  any  one  of  them  2 
A.  A  patent  attorney,  do  you  refer  to  2 
Q.  Your  counsel  in  the  Patent  Oflicc,  represet: 
ing  you  in  that  controversy  in  the  Patent  Otlic 
Did  you  employ  anybody  in  that  controversy  th 
tlie  Atlantic  and  Pacific  carried  on  there  2 
A.  I  personally  did  not  employ  any  counsel. 

Q.  Or  pay  anybody  2  A;  I  paid  nothing. 

Q.  How  was  it  done,  then  2  llow  was  conns 
employed  that  represented  you  2 
A.  I  suppose  they  were  employed  by  Mr.  Ha 
rington  and  his  associates. 

0.  Do  you  know  who  did  it  2 
A.  Because  he  had  a  power  of  attorney  repr 
tenting  me. 

Q.  Did  you  know  at  that  time  what  was  going  i 
in  the  Patent  Office?  A.  Generally  1  did. 

Q.  Aon  got  tlie  information  of  wliat  was  doii 
there!  A.  Yes  ;  I  got  perhnps.n  portion  of  it. 

Q.  Did  you  not  intrust  the  whole  of  it  to  Ha 
•ington  to  carry  it  on  in  the  Patent  Office  in  yoi 
lame  2  A.  Ho  had  a  power  of  attorney  ,  to  do  it. 
Q.  \ou  entrusted  it.  all  to  him,  to  manage  iti 
A.  I  had  to.  b 

Q.  You  did  2  A.  I  did,  and  I  had  to.  . 

Q.  And  you  did?  A.  If  I  had  to,  or  course, 
lid.  •  - 

Q.  I  ask  you,  Mr.  Edison,  do  yon  know  win 
lounsel  did  represent  you  on  that  occasion? 

A.  I  think  Mr.  Butlordid. 

Q.  Before  tlie  Commissioner  of  Patents  2 
A.  Yes,  sir. 

Q.  Before  tho  Commissioner  of  Patents  you  wei 
epresonted  by  Mr.  Leggett,  for  one  2 
A.  I  don’ t  know. 


Q.  U  ho  was  it  that  represented  you  there,  ifvt 
know?  ,  ' 

A.  Before  the  Commissioner  of  Patents  eitln 
before  the  Commissioner  of  Patents  or  the  Seer 
tary  of  the  Interior;  I  was  told  that  Mr.  Butli 
represented  me;  I  don’t  know  which;  it  is  a 
mixed  up  in  my  mind  :  it  is  ail  the  same  thing,  as 
understand. 

Q.  You-  were  represented  both  before  the  Con 
inissioner  or  Patents  and  the  Secretary  of  Interior  i 

A.  I  don’t  know,  but  I  know  I  was  represente 
in  the  patent  office. 

Q.  You  were  represented  in  the  controversy  froi 
beginning  to  end  by  somebody?  . 

A.  I  suppose  so. 

Q.  Did  you  authorize  Mr.  Harrington  .to  tak 
charge  of  it  and  go  through  with  it  2 

A.  I  did  not  have  to  authorize  him;  he  had 
power  of  attorney  and  claimed  the  right  under  tha 
power  of  attorney  to  do  so. 

Q.  And  you  knew  that  thing  was  going  on  unde 
tluit  power  of  attorney  ?  A.  Yes,  sir. 

Q.  One  other  question  on  the  word  “distinct.’ 
In  regard  to  tlie  transmission  of  messages  ii 
your  machine  or  your  invention,  tlie  signals  tha 
go  through  to  allectl  he  polarized  relay  and  tliosi 
that  go  through  to  allect  the  neutral  relay  may  bi 
sometimes  entirely  distinct  from  each  other,  ant 
sometimes  limy  bo  wrapped  up  one  in  the  other, 
carrying  in  the  same  impulse  both  sets  of  signals, 
is  that  so  1 

A.  Yes,  they  may  be. 


Mr.  Dickerson. — A  little  deeper  than  that,  if  youi 
Honor  please.  An  impulse  is  sent,  that  is  going 
to  ondtire  so  long  at  the  other  end  of  the  line  on  a 
polarized  relay,  say  a  plus  current.  If,  while  it  is 


sent  on,  an  operator  who  wishes  to  send  lus  in¬ 
creased  current  closes  his  key,  he  swells  out  this 
impulse  in  the  middle  or  it,  hilt  not.  interfering 
with  it,  and  the  two  are  one  impulse.  These  di¬ 
mensions  vary  in  this  way,  that  its  two  ends  are 
thin  and  the  middle  thick.  The  whole  constitutes 
one  impulse ;  the  thill  ends  and  the  middle  have 
mi  effect  on  the  polarised  relay,  and  the  thick  part 
[using a  part  of  that  which  uses  the  polarized,  and 
the  additional  besides),  works  the  ncutijil  relay  ? 
A.  Yes. 

Q.  So  that  the  impulses  under  this  condition  are 
mixed  together  going  over  the  line,  but  the  instru¬ 
ment  separates  them  ?  A.  Notexactly  mixed. 

Q.  But  the  same  impulse  ;  and  the  instrument 
separates  out  of  one  impulse,  the  two  qualities 
which  are  appropriate  to  each.  Is  that  a  right 
statement?  A.  Yes,  sir. 

Q.  Now,  in  case  both  are  not  sending  a  t  the  same 
time,  have  they  then  only  a  reverse  current  either 
plus  or  minus  current,  of  greater  or  less  intensity? 

Q.  And  if  the  sender  to  operate  the  neutral  re¬ 
lay  wishes  to  operate  it,  lie  sends  a  greater,  or  the 
entire  battery  ? 

A.  Y'es  ;  no  matter  whether  positive  or  negative. 

Q-  And  the  polarized  relay  is  operated  .equally 
whether  by  the  less  or  by  the  greater  current  ? 

A.  Y’es,  sir. 

Q. .Then  in  this  Kramer  machine  which  you  have 
looked  at,  the  operator  sends,  if  yon  please,  a  cur¬ 
rent  of  minus  quality  that  closes  the  armature 
oir  one  of;  these  three  relays  and  breaks  the  short 
circuit,  thereby  permitting  a  local  battery  to  sound 
a  sounder  which  is  protected  against  the  effect  or 
tile  local  battery  by  the  short  circuit  until  it  is 
brokon.  Is  that  so? 

A.  Your  question  is  not  right. 

Q,  Then  that  is  not  so  ?  A.  No. 

Q;  We  will  . see  whether  it  is.  Now,  in  these 
drawings  (referring  to  Prescott’s  Electricity,  lingo 


831,)  when  the  minus*  current  is  sent  over  the 
the  armature  at  H*  or  at  A*,  is  attracted  by 
electro  magnet  that  is  supposed  to  be  placed  ab 
it,  and  cnnlact.is  broken  at  the  point  where 

1  t  l  le  ects  itself  with  the  short 

.cult,  is  it  not  i  A.  Yes,  sir. 

Q.  Now  the  short  circuit  is  this.  Beginni 
at  the  back  point  at  A';  at  the  left  of 
“guru  there  is  a  vertical  wire  descending,! 
turning  to  the  right  it  jiasses  along,  town 
the  middle  of  the  diagram  and  then  nscei 
through  the  battery  B*.  It  then  turns  to  the  rij 
again,  and  comes  to  the  point  of  the  armature  le 
marked  A3,  on  the  right  hand  side,  follows  alo 
the  armature  lever  to  this  angle,  where  there  h 
star,  ascends  vertically  to  the  highest  point  wh 
there  is  a  drawing  on  the  paper,  and  I  lien  retui 
to  the  left  through  the  armature  lever  A3,  and 
breaks  the  circuit ;  is  that  it? 

A.  I  don’t  follow  you  up. 

Q.  I  want  you  to,  and  to  say  yes,  if  you  ku 

Question  repeated.  A.  Yes. 

Q.  Then,  at  thesame  time,  the  sounder  relay  i 
is  in  another  circuit  formed  bv  the  lever  A3*  a 
the  diagonal  wire  leading  down  from  the  back  poi 
of  that  lever  through  a  soqndor,  and  coming  ii: 
contact  with  the  point  on  the  short  circuit? 

A.  Yes,  sir. 

Q.  Now,  while  it  is  in  that  condition,  the  butte 
current  is  running  round  the  short  circuit,  inci 
santly,  isit? 

A.  Yes.' 

Q.  And  it  is  not  affecting  the  electro-magnet 
iirinnture  M1,  because  tile  resistance  through  til 
way  is  so  great  that  the  current  follows  the  slu 
circuit,  which  has  an  easy  resistance  and  does  n 
dicer,  therefore,  the  sounder?  A.  Y'es,'  sir. 

Q.  Now,  open  the  short  circuit  at  A  *,  and  then 
follows  tliat  that bnttoryjnot  being  able  to  coniplc 
lie  circuit  through  the  short  circuit  line,  ru 
through  the  sounder  and  attracts  its  armature  ? 


Q.  Tlicn,  when  the  minus  signal  is  sent  over  I 
line,  the  sounder  M'  sounds  by  breaking  the  sin 
circuit  which  protects  it  from  battery  B1  ;  is  tl 
It!  A.  Yes. 

Q.  That,  is  the  way  that  the  signal  is  made  up 
Jp  when  you  close  the  key  that,  sends  the  negati 
current,  is  it  not  2  A.  Yes,  sir. 

Q.  Now  wo  go  a  step  further.  Suppose  that  k 
to  be  down,  and  you  close  the  other  key  on  t 
line,  which  sends  the  battery  current  of  plus8  01 
the  line,  both  batteries  now  being  in  opposition 
the  line,  the  result  is  that  there  is  a  plus  '  cum 
transmitted !  A.  Yes. 

Q.  And  then  if  you  let  that  key  up,  there 
minus' transmitted!  A.  Which  key? 

Q.  Get  plus 8  key  up  again,  then  the  lino  has  ± 
the  minus  '  going  on  it?  A.  Yes. 

Q.  And  by  so  moving  the  key  up  and  down  y 
send  reverse  currents,  don’t  you  ! 

A.  Yes,  sir;  I  have  slated  that  before. 

Q.  But  when  plus  8  goes  over  the  line,  mnki 
the  result  of  plus  8,  then  the  armature  at  A  8  is 
traded,  and  closes  the  back  point  of  the  bath 
circuit,  around  which  R  8  is  ? 

A.  R  8  and  R-8  close. 

Q.  Thu  case  I  now  put  is,  that  minus  1  is  dow 
then  1  shut  down  plus8;  now  I  ask  whether  I 
ell'ect  of  that  is  not  to  make'  tile  signal  throa 
sounder  M  by  putting  into  circuit  the  battery.  B 
through  the  lever,  A  8  ? 

.  A.  It  causes  both  M  8  and  if  >  to  close. 

Q.  Wait,  until  my  question  is  down  before  y 
answer.  Minus  '  is  down,  then  you  shut  down  pi 
".  Now  I  ask  you  whether  the  effect  of  that  is  i 
to  make  the  signal  through  sounder  M  8  by  putti 
into  circuit  the  battery  B 8  through  tlie  lever  A 8 

A.  Yes. 

Q.  Now  when  both  koys  are  open,  there  is 


Q.  But  the  main  battery  is  out  of  action  t 
A.  they  are  out  of  action. 

Q.  There  is  „o  main  current  going  over  the  tin 
A.  Ao,  sir. 

Q.  When  the  operator  closes  plus*  battery  on  t 
line  then  the  effect  is  to  mise  tlm  two  armature  It 
.ere  A-  and  A8  at .the  same  time!  A.  Yes,  sir. 

Q.  They  come  up  at  the  same  time  ? 

A.  Yes,  sir. 

Q.  And  M 8  sounds?  A.  Yes,  sir. 

Q.  Bat  if  does  not  ?  A.  No,  sir 
Q-  And  the  reason  (and  that'  is  an  ingenio. 
thing)  the  reason  why  M8  does  not  sound,  is  tin 
when  the  short  circuit  that,  is  made  through  A8 
broken  by  the  closing  of  that  armature,  the  batter 
circuit  B1,  through  sounder  M*  is  also  broken  b 
the  raising  of  the  armature  A8  ?  A.  Yes,  sir. 

Q.  And  therefore  the  key  plus8  sends  onlv  il 
signal  to  sounder  M8  ?  A.  Yes,  sir. 

Q.  And  there  is  no  mixing  of  the  signals  at  all  n 
they  come  out  at  the  two  sounders,  is  there  I 
A.  Yes;  there  is  considerable  mixing:  it  rt 
quires  R8  and  R8  to  send  a  message :  and  if  vo 
want  to  send  another  message  on  the  other  side,  i 
requires  R'  and  R8. 

Q.  I  do  not  ask  wlmt  ii  ti  i  lliti  piired 
but  whether  the  signals  are  mixed  ? 

A.  Yes,  sir ;  they  are. 

Q.  Are  they  so  mixed  that  they  do  not  come  on 
it  the  sounder  at  which  they  are  expected  to  conn 
jut  ? 

A.  They  do  not  come  out  so  that  you  cun'reiul 
hem  very  well. 

•Q, .  That  is  upon  the  supposition  that  tlm  uia- 
hine  does  not’ work,  but  Tam  on  the  supposition 
lint  Mie  lnaeliim*  docs  wlmt.  Mio  description  calls 
r>r  ’t  A.  If  it.  did  if.  would  come  out  ns  you  say. 
Q.  Now,  the  signals  are  no  more  mixed  when 
hey  conic  out  at  their  two  sounders  at  the  other 


end,  than  they  are  mixed  when  they  come  out, 
join  ^^u,|!pgm.(1s  tlu\  sounds,  it  they  come  out 
"q'-I’Iic  sounders  are  to  give  the  message  to  the 

“  i^mifroason  that  you  know  of  ami 
can "slato  now,  wliy  if  you  put  -Town  the  key  plus, 
the  signal  would  not  come  out  at  the  sounder  IP 

A  '  if  von  do  not  protend  to  send  on  the  otlie 
side',  there  is  no  reason  why  they  slu uld  not  mu... 

Q.  And  is  there  any  reason  why  when  you  pn 
down  the  key  minus',  the  signal  will  not.  cornu  ou 
ofM't  ,  ,, 

A.  No  reason,  perhaps  there  may  he  »  small  mu 
tjl:, lion,  hut  1  think  it  would  come  out  all  right, 

Q  At,  the  time  that  this  machine  was  madethci 
had  ,,ot  been  then  the  inventions  made  tlu 
'  would  protect  such  a  thing  from  static  disohaig 
and  other  evils  that  occur  in  practice  on  long  lines 


’s  duplex  and  oilier  things  < 
is  of  yours,  putting  in  tl 
not  been  made ! 
been  invented  ;  the  npplic 


Q  The  question  is  whether  condensers,  elect 
8  magnet,  and  the  like,  which  are  covered  say, 
the  patent  of  St  ultra's  and  your  patents, had  nt  tl 
time  been  applied  to  long  lines,  or  any  telegra 
lines,  to  protect  the  receivers’ from  stat  ic  disclmvf 

A.  Perhaps  they  had  in  cable  telegraph. 

Q.  Was  there  any  cable  telegraph  going  on 
18B51 

A.  1  think  there  was,  I  have  got  a  book  on 
submarine  telegraph  dated  about  that  time. 

Q.  Now  at  the  time  in  1805  there  were  a  gi 


many  difllculties  in  land  lines  which  do  not  exist 
now  and  which  would  have  been  serious  impedi¬ 
ments  to  the  use' of  your  invention  if  it  had  existed 
without  the  aid  of  condensers  and  electro-magnets 
to  protect  the  machines  from  static  discharge! 

A.  I  think  Mr.Stearn’s  duplex  would  have  worked 
very  good  on  a  wire  if  they  had  it  at  that  time ;  I 
think  it  was  the  stale  of  the  art  that  did  not.  admit 
of  this  invention  going  into  use  at  that  time  or  be¬ 
ing  made  known. 

Q-  _lf  your  double  sending  instrument  had  been 
ill  existence  in  1835,  without  Iho  improvements 
which  have  grown  up  in  telegraphy  from  that  time 
to  this,  such  ns  the  application  of  condensers  and 
the  application  of  the  electro-magnets,  and  the  bet¬ 
ter  mode  of  insulation,  and  the  better  relation  of 
wire  ends,  it-  could  not  have  been  possibly  used  on 
ii  lino  from  here  to  Chicago,  could  it  ;  it  could  not 
be  used  oil  a  line  from  here  to  Chicago  to-day  with¬ 
out  thcseapplianccs? 

A.  1  cannot  say,  hut  I  think  it  problematical. 

Q.  It  is  within  your  experience  that  in  lines  from 
New  York  to  Boston  even,  they  had  to  Imre  repeat¬ 
ers  in  them  to  make  them  work  on  the  Morse 

A.  Yus,  sir  ;  years  ago. 

Q.  You  could  not  have  worked  a  line  from  here 
to  Boston  without,  more  than  one  repeater,  years 
ago  f 

A.  In  that  day  you  could  not  very  well. 

Q.  Practically  you  could  not! 

A.  Tim-  was  before  my  time. 

Q.  You  know  it  us  n  matter  of  history  1  A.  Yes. 

Q.  As  u  mutter  of  history,  you  know  that  there 
were  several  repeaters  between  here  and  Boston,  to 
make  a  Morse  line  work  that  distance  I 

A.  1  remember  there  being  one  used. 

Q.  In.-Sprinslield ;  von  yourself  remember  that  t 

A.  Yes. 

y.  Aitd  before  that  there  wore  more  1 

A.  Perhaps  there  were. 


Q.  Now  yon  cnn  sentl  »  signal  all  the  way  to 
lmlm  without  a  repeater? 

A.  It  can  bo  done ;  it  could  have  been  (lone  then. 
Q.  Could  it  lmvo  been  done  oil  any  sot  of  wires 
on  put  up  in  this  country  ?  A.  I  think  it  could. 
Q.  Without  doing  anything  to  thorn  which  was 
it  then  done  1 

A.  1  think  it  could  have  been  worked  through  to 
jston. 

Q.  But  to  Omaha,  could  it  have  iieon  done  ! 

A.  Some  would  have  got  through  very  small.  • 

Q.  Not  enough  to  sound ;  and  that  improvement 
is  resulted  from  what  I  am  going  to  mention: 
st,  better  insulation!  A.  From  what  day  ? 

Q.  Say  twenty  years  ago ;  first,  betterinsulation  ; 
eond,  improved  conductivity,  by  reason  of  mak- 
•'  a  better  relation  of  the  wire  ends  ;  third,  better 
re,  by  being  a  compound  or  copper  and  steel,  for 
nductivity ;  fourth,  contrivances  for  protecting 
e  instrument  against  static  discharge!  A.  Yes. 
Q.  All  these  have  grown  up  since  twenty  years 
;o,  have  they  not  ?  A.  Most  all. 

Q.  And  then  the  superior  skill  and  experience  of 
retricians  and  operators,  derived  from  their  use 
the  instrument  itself,  becomes  unimportant  ele- 
ent !  A.  Yes,  sir. 

Q.  Bo  you  think  if  you  had  turned  your  duplex 
into  a  telegraph  otliee  in  Now  York,  twenty 
■ars  ago,  there  was  any  man  in  this  country  that 
mid  have  made  it  practically  operative  to  Cliica- 
>!  A.  I  think  not. 


N.  Yi,  AIav  4th,  1877. 

CiiaskB.  IIaiimjcotox,  called  for  plnin.tilT,  sworn 
'xumhied  by  Mr.  Wheeler: 

Q.  Are  you  the  son  of  George  Harrington  ? 

A.  .Yes,  sir. 

Q.  Do  you  know  your  father’s  handwriting  t 


Q.  Look  at  this  papur  Which  1  now  show  you, 
Ex.  D,  and  state  whether  or  not  the  signature  of 
the  subscribing  witness  is  your  signature  ! 

A.  It  is. 

Q.  Did  your  father  execute  that  paper  in  your 
presence  ?  A.  Yes,  sir.  • 

Q.  State  whether  it  was  about  its  date  he  ex¬ 
ecuted  it,  if  you  can't 

A.  1  think  it  was ;  yes, .sir. 

Q.  Do  you  remember  being  in  the  city  of  New 
York,  on  the  .0t.li  of  July,  1874 !  A.  Yes,  sir. 

Q.  Do  you  remember  your  father  coming  to  the 
city  on  that  day  2  A.  Yes,  sir. 

Q.  Do  you  remember  in  the  evening  of  that  day 
any  directions  that  your  father  gave  you  in  regard 
to  a  message  from  him  to  Mr.  Edison,  and  a  letter 
to  Mr.  Edison?  A.  Yes,  sir. 

Q.-  You  did  receive  directions  from  your  father? 

A.  Yes,  sir 

Q.  Look  at  Ex.  R,  and  slate  whether  that  is  a 
copy  of  a  letter  that  your  father  then  gave  you  for 
Mr.  Edison  ?  A.  That  is  a  copy,  sir. 

Q.  What  time  of  day  was  it  that  you  delivered 
that  letter  to  AH.  Edison  f 

.  A.  Somewhere  about  six  o’clock  in  tile  morning. 

Q.  Of  July  10th  ? 

A.  Yes,  sir— very  early,  about  that  time. 

Q.  Did  you,  in  pursuance  of  the  instructions, 
which  you  say  you  received  from  your  father, 
make  any'  stab  meats  to  Atr.  Edison  about  that 
time,  in  regard  to  any  arrangement  between  him 
and  the  Western. Union  Telegraph  Co.  Don’t  state 
wlint  you  did  say,  but  state  whether  you  did  ? 

A.  I  did. 

Q.  What,  were  they  ? 


message,  and  considering  tlmt  Mr.  Edison  s  a 
Xinger  to  us,  and  tlio  grantor,  we  do  not.  sen  Mint 
Miy'conneetinn  between  Him  and  tins  witness  can 
beevidenco  against  us. 

The.  Court. — Wliat  do  yon  propose  to.provel 

Mf.  117/ci*/'.— We  propose  to  prqve  by  this  wit¬ 
ness  that  through  him  his  father  did  object. 

The  Court.— To  contradict  Mr.  Edison  1  . 

Mr.  Wheeler.  -No,  sir ;  Mr.  Edison  said  that  he 
'  only  referred  to  personal  communications.  Your 
Honor  will  have  observed  that  he  is  exceedingly 
literal  in  his  answers  to  questions,  and  if  asked 
whether  a  party  objected  ho  would  say  no,  although 
there  might  lie  tin  objection  through  tile  instru¬ 
mentality  of  a  third  person.  We  asked  him  if  he 
1449 referred*  to  personal  communications  and  he 
said  yes.  We  propose  to  prove  by  this  witness 
that  objections  were  made  through  him  to  Edison  ; 
besides  there  is  no  rule  that  prevents  our  contra¬ 
dicting  the  witness  on  a  particular  point ;  if  we 
think  that  he  has  mis-stated  a  fact,  we  have  a  right 
to  show  that  lie  is  mistaken,  I  suppose  in  the  case, 
as  now  developed,  we  have  a  rigli'fto  show  that  as 
soon  as  Mr.  Harrington  learned  this  contemplated 
arrangement,  lie  objected  to  it.  and  communicated 
the  objection  to  Mr.  Edison. 

The  Court. — That  seems  to  have  been  conceded, 
1450  because  the  evidence  tended  largely  in  that  direc¬ 
tion,  and  it,  has  been  assumed  that  it  was  a  proper 
and  legitimate  inquiry  on  both  sides;  I  don’t  see 
any  objection  to  the  relevancy  of  the  question. 

Mr.  Butler — I  desire  to  add  another  word;  while 
I  agreed  with  the  Court  yesterday  in  my  own  mind, 
tlmt  it  is  not,  proper  to  contradict,  a  witness  by 
showiutr  that  ho  has  stated  the  fact  differently 


from  what  he  slated  it.  upon  the  stand,  the  distinc¬ 
tion  is,  that,  you  have  a  right  to  prove  a  fnetby 
other  testimony  which  ought  to  be,  or  is  sup¬ 
posed  to  be,  in  the  knowledge  of  your  own  wit¬ 
ness.  but  which  he  either  failed  to  remember,  or 
failed  lo  state.  You  are  not.  limited  to  one  vehicle  • 
of  proof,  and  if  your  own  witness  fails  to  recall  a 
fact,  yet-  that  does  not  prevent  your  proving  it. 


Mr.  Butler. — That  is  a  distinction  well  laid  down 
in  Phillips  and  afterwards  in  Ureenlenf.  Now,  all 
that  Mr.  Edison  said  about  this  young  man  was 
that  he  did  not  remember  whether  he  brought  the 
message  or  not.  AVe  want,  not  only’  to  show  that 
the  written  message  was  sent,  but  a  verbal  message 
through  the  son  from  the  father,  leaving  at  mid¬ 
night,  and  reaching  here  in  the  morning,  so  great 
was  the  urgency  that.  Edison  must,  or  ought  not  to ' 
do  so  and  so. 

Mr.  Lowret/. — The  evidence  in  respect  to  the 
question  of  relevancy  appears,  in  our  mind, 
to  lie  in  this  form.  It  is  entirely  competent 
for  us  to  show  that  no  protest  was 
made  liy  Mr.  Harrington,  and  that  lie  had  neg¬ 
lected,  or  stood  by  and  saw  ns  deceived,  and  any¬ 
thing  tending  to  show  that,  is  pertinent,  but  it  is 
not  pertinent  on  the  other  side  to  show  that  he 
protested  to  Edison,  unless  it  is  brought  to  our 
notice.  The  attempt  is  to  make  us  chargeable  with 
notice  that  only  came  to  Air.  Edison.  We  are  not 
bound  by  that. 

The  Court. — The  course  of  inquiry,  thus  far,  if  I 
recollect  the ’evidence,  is  this.  The  counsel  for  the 
plaintiff  inquired  from  Edison  whether  Air.  Har¬ 
rington  consented  to  this  transaction,  and  rested 
there.  You  asked,  on  cross-examination  did  he 
object,  and  Air.  Edison  said  that  he  neither  objected 


...  consented.  Substantially,  that  was  the  pur- 
n  t  oC  Uis  testimony,  but  in  the  mod, lied  ton.,  in 
hid,  1m  gave  it,  and  the  reto'ence  to  lns  lcd  e 
hi-ii  afterwards  camo  ,„.  Now  I  am  not  Uuu 

IV  t  L comi,etunr  ror  ,he  p,!"n  ,  ,  pT; 

,  an  ntlirmative  fact,  in  the  ease  that  the  med  , , 
as  made,  unless  the  fact  came  to  the  dcfuid- 
knowledge. 


Mr.  Butter. — I  supposed  that  that  wasruledom 
;,it  this  is  the  point— not  that  we  seek  Ip  el»„  c 
,  (Ms  manner  the  Western  Union 
i.. its  various  agencies,  with  notice,  but  «c 
L.elt  To  meet  the  argument  that  Mr.  Harrington 
lent  on  his  rights,  that  he  allowed  Mr.  Edison 
n  on  having  a  power  of  attorney,  and  having  con- 
rol, mid  acquiesced  or  consented  knowing  tlmt 

his  thing  was  going  on,  that  this  bargain  and  this 
legotinlion  should  be  proceeded  with;  and  the 
ir'Tnmeiit  would  be  very  strong  to  your  Hon  n  s 
chid  if  Edison  and  narrington, understanding  that 
he  duplex  and  quadrnplex  were  then  the  pnr^ 
of  their  articles  of  agreement  and  deed,  H  >  dul 
Mr  Harrington  stand  by  and  allow  Edison  to  .  cl 
,  •  .  ..  .mil  never  call  upon  Mr. 

it  upon  lus  own  account,  .uni  ucw.i  «*■  i 

Edison  to  divide  or  account  i 


Mr.  Butter. — Having  com 
ion,  we  want  to  meet,  that. 


The  Court.- 1,  comes  to  this.  It  is  »  ‘l-'f1"'” 
he  order  of  proof,  and  would  be  admissible  in  • 
niltal,  if  you  proved,  on  tbe  part  of  the  defence, 
hat  Mr.  Harrington  stood  by  and  allowed  tins. 


.  out  on  cross-examiiia- 


jl/r.  Lowrey. — My  friend  proposes  to  show  tlint 
Mr.  Harrington  dill  not  sleep  on  bis  rights,  by  \>ro- 
hieing  a  witness  who  arrived  at  six  o  clock  in  the 
morning,  so  halt  asleep  that  lie  did  not  get  as  rm 
ns  the  Western  Union  Telegraph.  Wo  will  pi»- 
dueo  evidence  tlin  t  Mr.  Harrington  slept  so  somuU.' 
that  he  did  not  send  any  notice  to  us.  It  will  not 


be  competent  that  lie  started  notice  and  never  got 
as  far  as  us.  I  think  it  would  be  an  impropriety 
to  charge  the  Western  Union  Telegraph  Company 
with  the  side  effects  of  the  proof  of  these  conversa¬ 
tions  between  Harrington  and  Edison,  which  we 
hear  now  for  the  first  time.  We  are  here  ns  de¬ 
fendants,  and  brought  here  by  a  plaintiff  who  claims  1457 
an  equitable  as  against  a  legul  right,  and  therefore 
bus  the  heaviest  kind  of  burden  of  proof  thrown 
upon  him. 

The  Court. — Yon  don’t  intend  to  rely  upon  any 
estoppel  against  Harrington,- or  those 'under  him, 
founded  upon  the  absence  of  his  objection. 

Mr.  Lowrey. — Only  because,  if  lie  did  not  make 
any  objection  to  Mr.  Edison  or  us,  there  is  the  whole 
of  the  complainant’s  case ;  if  lie  had  made  objection 
to  ns, and  none  to  Edison,  we  would  not, of  course,  re¬ 
ly  upon  that;  but  notice  to  Mr.  Edison  not,  being  1468 
brought  home  to  ns,  we  do  not  consider  it  [binding. 

The  whole  of  Mr.  Harrington’s  conduct,  is  of  course 
competent  as  against  him.  Itisnot  competent  to 
charge  strangers  who  were  not  present  with  liis 
declarations  to  Edison ;  it  appears  to  us  that  the 
evidence  is  entirely  irrelevant  and  incompetent  at 
any  stage  of  the  proceedings,  simply  because  the 
party  to  be  charged  was  not  present  either  in  its 
own  person  or  by  any  representative,  and  never  had 
communicated  to  it  any  of  the  facts. 

The  Court. — I  think  it  is  safer  to  take  it;  prob-  £ 
ably,  unless  it  is  connected  with  the  defendant  it 
may  have  no  effect. 

Defendant  excepts. 

Witness. — After  delivering  the  letter,  lie  rend  it,  .  .  . 
and  I  told  him  that  ho  should  not  make  any  move  I  j 
in  the  matter;  that  lie  lmrl  no  right  to  make  a  |  [  | 
move,  from  wlmt  father  had  told  me. 


£er’s  previous  direction  on  the  subject? 

1400  Q.  S’S.  mention  to  Mr.  Edison  that  your 

told  mo  to  tell  him  lie  lmd  no  right  to  nmko  the 
•  mQUDo  l  e  i  lei  ny tiling  else  in  that  con- 
versnU°n?d  ^  Wm  tlla(.  father  said  if , he  did  any¬ 
thing,  there  would  be  a  great  loss.  . 

q  Do  you  remember  the  Appearance  of  this  arti¬ 
cle  in  the  Times  newspaper,  that  has  been  re  erred 
to  in  regard  to  the  interest  of  the' Western  Union 
l46.1  Co.,  in  This  qnadrupicx  invention.- 

A.  I  saw  that  article  almost  immediately  artei  1 
got  back  from  Newark.  .  , 

A.  In  the  paper  of  the  morning  of  J uly  lOtn  t 
A  Yes,  sir;  I  think  that  is  the  date. 

Q.  Look  at  this  paper  I  now  show  yon,  and  state 
it  that  is  the  article  to  which  you  refer  ? 

A.  That  is  the  one  to  which  1  refer. 

Mr.  Wheeler  reads  the  printed  copy 
in  evidence,  marked  Ex.  s,  to  be  cor¬ 
rected  from  tiie  file  of  the  Times,  if  there 
is  any  mistake. 

I<lli2 

Exhibit  S.  ■  -  ■ 

^  Extract  from,  the  Nevs  YorU  Daily  Times. 

■  (jrfa-vdWuf1-'1)  Wednesday  afternoon  last,  at  the  Broadway  of- 
W+jkL<s^Kflct“  oC  the  'Vestem  U,lioH  holograph  Company,  a 

OJtmjJlWy 


invention  which  promises  to 
importance  to  the  present  age 


■  _ kii _ _ _ 


4»7  . 


0/  fcOUjijrAd  jircAad. 


than,  wore  Morse’s  first,  achievements  to  the  people 

of  his  own  tiiiio.  The  test  resulted  successfully, 

and  it  proved  that  four  messages  can  be  sumiltnne-d.AsMr.1  \ 

ously  sent  on  a  single  wire  in  opposite  directions,  Kio  MO^  (LMXi 

and  with  no  more  liability  to  mistake  than  11s  if  an  fins/tM. 

.  equal  number  of  wires  were  used.  Ij 

To  make  the  matter  clear,  it  will  he  necessary  to  ‘463  « 

look  a  little  backward.  Morse  took  the  first  stop- 
in  telegraphy — a  ml  the  first  is  always  the  greatest 
—by  the  invention  of  a  system  by  which  messages 
could  be  sent  between  any  two  terminal  points,  and 
dropped  at  any  way  station  on  tlie  circuit.  The 
objection  to  liis  system  was  that  tlie  transmission  of 
a  single  message  occupied  a  wire  entirely.  And 
though  electricians  were  convinced  that  a  different 
result  'could  be  attained,  no  one  showed  how  it' 
could  be  done  until  so  recently  as  three  years  ago,  ( 

when  Mr.  J.  B.  Stearns  invented  the  duplex  appa-  q% 
ratus.  ;  That  was  the  second  great  step,  and  l4(i4 
it  instantly  doubled  the  capacity  of  every 
Wire  which  over  had  been  erected.  By  the  " 

Stearns  process,  two  messages  can  be  sent  si¬ 
multaneously  on  a  single  wire  in  opposite  di¬ 
rections,  between  any  two  terminal  points.  But 
this  system,  like  the  Morse,  had  its  objection— the 
message  could  not  be  dropped  at  any  way  station, 
except  by  the  use  of  a  repeater.  Nevertheless,  the 
invention  was  recognized  as  of  immense  practical  T 

importance  throughout  tlie  world.  Two  frwg  <1  >C, 

was  taken  a  third  great  step,. and  one  notinfenorto^  ., 

*  either  of  the  others.  It  needs  only  to.be  said  of  W'HJW'twaw 

it  to  recommend  it  to  the  least  scientific, .that^in  one  HiiS'tVU*/,  / 
instant  it  will  quadruple  the  usefulness  of  the 
?7Zm  miles  of  wire  owned  by  the  Western  Union 
Telegraph  Company.  .  .  . 

It  is  a  new  process  of  multiple  transmission,  by 
which  two  messages  can  be  sent  simigancoiisly  in  I 
the  samo  direction  over  the  same  wire,  and  either  | 
message  can  be  dropped  at  any  way  station  0 
circuit. 


/ 


.  •  oil  ThG  old  duplex  system  can  1>«* 

n^lied'to  lhe  n  nv  inventions,  and  by  Hie  con, him.- 
t.  r  messages  can  be  sent  simutnneously  over 
S saSmwira  in  opposite  directions  between  any 

'"  tmTnot  the  "least  recommendation  of.  the  dis- 

14(10  Is  that  it  calls  tor  no  changes ;  the  old  Morse 
.  i  is  used  without  the  need  or  any  new  class  of 

0^/^3  neraoi's'o.s  in  the  automatic  telegraph),  and  with 
ftw^opeutois  (I  as  to  imrts  0t  inacliinory. 

^r^^^Th^inven  onis'ihe^ result  ot  the  joint  Inborn  ot 
j  '  is  George  TB.  Prescott  and  Thomas  A.  Edison 
if  not  scientifically  at  least  practically  ;  a  great 
of  credit  is  also  due  to  the  en  erpmmg  p^; 
ot  Mr.  William  Orton,  the  president  ot  the  com- 


urse  it  is  needless  ,o  add  Hint  the  new 
svstem  will  be  speedily  put  in  practice  by  the 

sre^AVestern  Union  Company,  by  whom  the  patent  is 

_  .  ^  V -tXontrolled  It  will  make  itself  felt  in  more  ways 

0^  ^  l  1  j>or  instance,  the  AYestern  Union  * 

witiii  .  M  fnrr.Pfl  to  erect-  00,000 


"  than  one.  Por  instance,  tlie  AYestern  Union 
graph  Company  have  been  forced  to  erect.  « 
mills  of  wire  during  the  last  three  years,  and  of 
course  at  an  immense  expense.  Ail  indefinite.  In¬ 
ter,  like  that  could  not  lie  satisfhctmy  to  stock¬ 
holders.  But  this  year,  scarcely  2,000  m.les  nu i 
be  erected,  and  every  wire  is  practically  foim  B 
without  further  enlargement,  and  nlmost  m . 

At--**  Jscience.  / 


o  the 


Q.  A’ou  have  spoken  only  generally  t~,~ 
subject  of  your  conference  with  Mr.  Edison,  and 
have  spoken  of  it  as  a  matter  .with  the  "esU.r" 
Union  Telegraph  Co.  Had  you  mid  your  father 
some  conversation  before  you  left  him  as  to  tne 
particulars  of  this  matter?  . 

A.  Well, not  as  to  the  particulars.  AVe  were  tarn 


ing  over  at  homo  about  the  arrangement  that  Edi¬ 
son  was  making  with  the  Western  Union  Co.,  and 
I  supposed  it  was  with  Mr.  Prescott. 

Q.  You  understood  it  was  with  reference  to  the 
duplex  or  ijundruplex  inventions? 

A.  That  is  what  I  understood. 

Q.  You  understood  that  from  your  father  or  14  9  • 
from  Air.  Edison,  or  how  did  you  acquire  that 
knowledge?  , 

A.  I  think  it  was  from  father. 

Q.  You  were  in  your  father’s  business  or  office? 

A.  At  that  time  I  was. 

Q.  AVitli  him  every  day  ? 

A.  AATell,  off  and  on  ;  you  mean  after  what  length 
of  time.  • 

Q.  I  mean  just  about  that  time— a  few  days? 

A.  Yes,  sir. 

Q.  I  presume  this  was  not  the  first  oceasion  upon 
.  which  your  father  nnd  you  had  had  conversations  1470 
touching  these ’duplex  arid  quudriiplex  [inventions 
and  the  proposed  or  reputed  arrangement  with  tlie 
‘  Western  Union  Co.  ? 

A.  He  had  no  conversation  with  me  particularly 
about  it,  because  I  knew  nothing  about  telegraphy. 


By  Mr.  Butler  : 


Q.  AA’lieio  was  your  lather  before  that  night  ? 

A.  He  was  out  of  town  ;  I  don’t  remember  where 
exactly  ;  in  Philadelphia  or  Baltimore  or  up  the 
Hudson. 

Q.  Out  of  town  some  days  ?  147] 

A.  I  think  two  or  three  days ;  I  don’t  know. 


By  Mr.  Wheeler  : 

Q;  Where  is  your  father  now  ?  A.  In  France. 
Joriaii  C.  Ekiff,  called  by  tlie  plaintiff,  sworn:  ' 
Examined  by  Mr.  Bussell. . 

Q.  Did  Air.  Harrington  and  Air.  Edison,  to  your 


•441 


,  ,  nnrrv  on  any  manufacture  within  the 

No^rU,  New  Jersey  .1  A.  Yes. 

j  >«— . 

chilly  to  he  used  in  the  operation  of  the  "••tomatic 
"ml.  company,  and  the  manufacture  of  expm- 
■1472  meihnl  instruments,  models,  and  machineij ,  in  to 

aie,^P^  -*■**■  •**•*- 

*  ?  In  the  fall  of  1870,  Mr,  Harrington,  myself, 
and  a  nnmhor  of  other  gentlemen,  organized  a 
scheme  for  the  cheapening  of  telegraphy,  hosed 
mainly  upon  the  claim  of  Mr.  George  Little. 

Q.  AVl.at  interest  imd  you  in  that  business  1 
A.  I  became  tl.o  principal  contributor,  and  I 
represented  t  that  tin  t  nearly  all  of  the  parties 
except  Mr.  Harrington,  personally. 

Q.  Had  you  any  interest  under  the  partnership 
1473  deed,  between  Harrington  and  Edison’; 

A.  Yes,  sir  :  I  became  interested  in  that. 

Q.  What  was  Harrington’s  interest  under  that, 
ns  you  understood  it  1 

Objected  to  that  the  deed  speaks  for 
itself.  Withdrawn. 

Q.  Have  you  made  any  payments  for  Mr.  Har¬ 
rington  to  Mr.  Edison  from  1871  to  187(5 1 
A.  Yes,  sir. 

Q.  What  for  and  on  what  account  1 

1474  Lowrcy. — We  do  not  see  the  relevancy  of 

this  to  tl.e  issues  in  this  case.  The  transactions  or 
relations  of  these  gentlemen  in  1871,  in  onrabsence, 
might  possibly,  in  some  view  east  light  upon  some 
particulars  of  the  case ;  but  although  we  nil  know 
tolerably  what  are  all  the  facts  lying  outside  of  the 
issues,  I  am  unable  to  refrain  from  expressing  my 
positive  belief  that  your  Honor  will  find  that  it  lias 
no  relevancy ;  and  I  think  it  is  my  duty,  at  this 
stage,  to  object. 


il/r.  TPicrfen— Onr  view  is  that  it  is  quite  mater¬ 
ial  to  show,  under  the  pleadings  in  this  case,  that 
Mr.  Harrington  and  his  associates  made  large 
advances  for  the  purpose  of  .enabling  Mr. 
Edison  to  experiment  in  the  various  systems  of 
telegraphy.  We  put  in  evidence  the  agreement  be¬ 
tween  them,  which  is  the  foundation  of  our  title  ;  1475 
and  I  think  it  is  quite  material  to  show  what  was 
done  under  the  agreement — that  tl.e  parties  act¬ 
ed  under  it,  and  that  payments  were  made  under 
it ;  partly  to  rebut  the  statements  in  the  answer, 
and  to  which  ovidcnce  lias  been  given,  that  we  had 
no  interest  in  the  patent.  It  covers  the  ground  that 
they  have  sought  to  cover  in  their  examination  of 
Air.  Edison,  as  to  payments  made  by  them  to  assist 
in  experimenting,  which  they  gave.  We  propose 
to  show  that,  before  that,  and  during  all  that  time, 
nssistai.ee  was  being  given  by  tl.e  associates  of  Air. 
Edison  to  enrry  out  the  partnership  deed.  lift} 

The  Court. — Tl.e  question  relates,  as  I  under-’ 
stand  it,  rather  to  wl.at  was  done  by.  the  witness 
on  behalf  of  Mr.  Harrington  than  to  any  relation 
between  tl.e  witness  and  Harrington.  The  latter  I 
should  exclude. 

Mr.  Lowrei/. — This  was  a  partnership  between 
Harrington  and  Edison  as  was  proved.  Tl.e 
capital  of  the  iimi  is  fixed  here  at  §9,1)01. 
n  -the  pnper;  tl.e  qnostion  .now  leads  to  an 
ncconnting.between  the  partners  ;  the  effort  is  ap¬ 
parently  to  show  that  one  partner  advanced  some- 1477 
thing  to  the  other. 

The  Court. — They  cannot  go  into  a  settlement  of 
the  partnership  relations,  but  if  it  can  be  shown 
specifically  that  Air.  Harrington  did  advance  money 
for  the  purpose  of  enabling  Edison  to  pursue,  his 
experiments,  it  may  have  a  bearing  on  tl.o  rights  of 
the  parties  hereafter.  On  the  other  hand,  an  ex- 


»MraS?a*."» 

nnsw°  r  to  Hint  imrt  lculrtr  subjeet.  I  .Hunk  tho  ques- 
1478  tion  is  to  be  allowed. 

Mr  liussd.-l  would  like  to  state  tl.o  real  ob- 
ie(J  'Heroic,  imrtne.sl.ip deed  for  n  period  of 
■  v=  .,„d  it  is  an  important  thing  to 

Sir’S?  Si  "T 

are  two  objects  of  the  partnership,  one 
the  manufacture  of  automatic  ^ 

ceased  to  be  of  any  importance, _and  the  other  'ft 
naUnership  in  inventions,  and  it  is  under  that  deed 
rim  ["we  claim  the  title.  Wo  might  rely  upon  ho 
leJl  presumption  that  tl.o  partnership  continued 
n  fortlm term  specified  by  the  deed  ;  hut  we  ^mot 
1470  hound  to  rely  upon  that  presumption ;  a  ifcl  t  to 
show  aiiirmatively  that  the  partnership  and 
continued  during  the  whole  period  '>r  ''  ^  '  ; 
was  made  ;and  this  witness  will  prove, among  otliei 
things,  that  he  made  payments  continually  on  ac¬ 
count  of  this  partnership,  from  the  penod  of  its 
date  down  to  and  after  the  agreement  between  the 
Western  Union  and  Mr.  Edison. 

Mr.  Lmoreu — Let  me  see  if  this  is  a  fair  under- 
standing — that  my  learned  friend  chooses  to  aban¬ 
don  the  affirmative  of  the  proposition  and  assume 
.  the  burden  of  giving  proof! 


Tlic  Court— l  will  admit  the  testimony. 
Defendants  except. 

Witness.— During  what  time! 

Q.  Between  September,  1870,’  down  to  1870— 
dou’t  ask  the  precise  amount! 


A.  Directly  tor  experimentation  under  Mr.  Edi¬ 
son,  to  divide  the  accouut  fairly,  I  presume  between 
$00, OOP  and  $70,000 ;  and  in  developing  ins  general  , 
inventions ^connection  with  the  line,  probably  $140,-  tv. 
(KH)  additional. 

•  Q.  What  limit,  if  any,  did  you  put  upon  the 
scope  of  his  experiments  (  1481 

A.  We  asked  him  no  questions  concerning  the 
Held  of  his  experiments. 

Q.  When  were  those  payments  made— the  prinei- 


A.  Principally  in  1871  and  1873,  although  there 
were  some  considerable  payments  made  as  late  as 
August  or  September,  1874 — some  considerable 
payments ;  the  payments  were  almost  coutinous 
during  the  entire  period. 

Q.  Have  you  got  a  memorandum  of  these  pay¬ 
ments,  showing  the  dates! 

A.  I  can  furnish  the  Court,  I  have  not  one  with 

Q.  Were  the  payments  in  each  year  ? 

A.  Yes,  almost  continuously. 

Q.  Continuous  or  during  each  month  1 

A.  Yes,  there  were  one  or  two  small  breaks  of 
two  or  three  months  each. 

Q.  The  $0,000  of  capital  to  be  contributed  by 
.  Harrington— do  you  know  what  was  done  about 
that  by  Harrington! 

A.  Except  that  it  was  contributed. 

Q.  How  much  did  lie  contribute! 

A.  Some  $15,000  prior  to  Feb’y  1,  1871,  proba¬ 
bly,  and  probably  more ;  that  would  be  within 
limits. 

Q.  Have  you  any  patents  for  Edison’s  inventions 
ill  electric  telegraphs  in  your  possession  since  18701 

A.  Yes,  a  huge  number. 

Q.  Ilow  did  you  become  possessed  of  them  ! 

A.  Thev  came  to  me  in  the  regular  course  of  bus¬ 
iness;  I  was  custodian  of  the  books  and  papers 
and  general  controller  of  the  outfit. 

Q.  You  can  produce  them!  A.  Yes,  sir. 


/ 


'•  i&sss^T^' 

t5“SKS»57^S?S 

with  Mr.  Eckert  and  others ,  nml 

^'a^Ih  the  Pull  of  1873  ;  I  invited  General  Eckert 

to  go,  and  went  with  him  myself. 

*  ?;,VUr!(!t"!v’u^'o  st  a  number  of  M,Edi-  • 

1485 

4  "TiTi  t »  ,  »a  P.W  — «i  “» 

fluids,  and  liad  general  charge. 

Q.  And  got  the  patents.  A.  \es,  si  - 
ft  And  uiiid  the  patent  fees  1  A.  Yes, 

Q.  And  had  general  charge  of  the  business 
A.  Yes,  sir. 

Q.  You  were  treasurer  1 

A.  I  was  trensruer  of  the  fund.-t  .  io(i 

Q.  The  question  is  whether  during  W1 
Mr.  Edison  disposed  of  any  of  Ins  inventions  in 
]  48 :  electric  telegraph  Tor  Ins  own  benefit 
.  A.  Yes,  sir ;  lie  did. 

Q.  What  inventions  were  they  1  ,  , 

A.  A  large  number  which  lie  made  nndei  ar 

tract  with  the  Gold  and  Stock  aelegrupH  Co  npa  .  , 
mid  one  or  two  inventions  in  connection  nitli  «' 
trict  telegraphy  which  he  disposed  of  ^to  the  D  • 
inestic  Telegraph  Company,  and 
inventions,  in  the  same  line,  which  lie  disposer! 


it  ^  ™4»ph"Oo*^y,"r 

Mr.  Lowrey. — He  has  given  the  reason  li  ^88 
not  proper  to  give,  at  first!  ’  rt  wns  , 

Witness  — An  additional  reason  was  that  it  was  ;  JwW 
SVlI:n{,h,Se  connoction  wklumy-  ‘  W 

.  **2Mats if' hi”  W 

witt  uTon^Kl  rk  y°"  ,1b0Ut  *"«  '•'“-•view  \ 

■  orvio'''  ^lh  'jlr.^rtoil,'  Piiwiden  t'of^tlle  W^tern 
Union  telegraph  Company,  in  or  about  July  W74  ucq 
n  rela  tion  to  telegraph  matters;  if  so  when  was  US9 
.  that  intei  >  I  1  i  1  1  t  f,  ,  ” 

con vei-sn  Hon  t  «i»>jecr  or 

think  >1’lf,t,w«'B  two  interviews  about  that  time;  1 

flunk .  they  occurred  about  the  loth  and  loth  nf 
June  isr-I,  at  the  nllioe  of  Him,n  Urni.ev! 

Q.  jVlmt  was  the  select  of  the  conversation  1 


^  fervSfc-  h 


V'  ,  ,  met  him,  and  he  desired  to  know  wl/oOT’ned  nml  j  > 

Mr*  lu^XL  controlled  tlio  various  patents  that  Mr.  Harrington! 
frUi  d  »  connected  with.  I  explained  to  linn  liow  they 

,  were  controlled. 

Q-  Wlmt  did  you  say  ?  t  ' 

^  A  That  Mr.  Little’s  inventions  were  controlled 
J1  XL-,,  1490 by  the  Automatic  Telegraph  Company,  in  connec- 
X  %u~  \&>  tion  with  a  contract  with  the  National  Telegraph 

etaSL.  6MAU-i>  ^^Com  nan  v,  and  that  allot  Mr.  Edison’s  inventions 
tWz^XT,  were' controlled  by  Mr.  Harrington,  in  the  interest 

d. 7 W  *(  ot  Harrington  a„d  his  associates,  and  Mr.  Edison. 

^f.  What  else  was  said? 


<^&J<^^comi)anv  and  that  idiot  Mr.  Edison’s  inventions 
9o~GZXS,  were* controlled  by  Mr.  Harrington,  in  the  interest 

1. 7W  0r  Harrington  trad  his  associates,  and  Mr.  Edison. 

Q.  Wlmt  else  was  said  ?  . 

h  <A  -l^e.CoSKo  A.  Mr.  Orton  stated  to  me  that  lie  desired  to. 

Tu.  A  if  have  all  the  inrormation  I  could  give  lum  about  the  0>«, 

fy/ja  Uf  jt  f  '  \  relation  of  these  parties,  and  the  control  of  these J  "IT 
h  U  things,  so  that  if  anything  could  be  done  lie  wanted^ 

ssssasess „  rwaa?  « 

#.  fUu,  (. Edison’ s  inventions;  he  did  not  caMyj^thmg 

Mr.  Little’s,  or  anything  the  AttS^Pleie- 
Kraph  Company  had  ;  that  Mr.  Edison  ^asrayery 
StiAjjlwU  }  aw  ingenious  man,  but  very  erratic ;  lie  would  dike  to  l/g. 
,w» _ . . riM.lv  in  die  interest  of  the  Western*/? 


turn, ingenious  man,  but  very  erratic ;  lie  wouiu  ime  to  - 
Oj(u):/3«awJ/«» have  him  entirely  in  the  interest  of  Hie  Western  XfcT- 
*  1*^3 R»0llion  Telegraph  Company,  and  would  like  to  have 
^cW^'^^-^nattei-s  so  arranged  that  lie  could  put  linn  under}  '<* 
(Jitrto <*7*1*4-,' W"imA c«.charge  ot  Mr.  Prescott;  and  ho  desired  to  know 
&i  PaSCOTT  of  me  what  would  induce  me  to  have  Mr.  llarring- 


^cliatgM  of  Mr.  Prescott;  and  lio  desired  to  know* 

S>\  fixSCOTT  of  me  what  would  induce  me  to  have  Mr.  Harring-Wlug 

ton  and  myself  secure  to  a  satisfactory  party  all  0^4 
Edison’s  inventions. 

1-192  Q  Wlmt  answer  did  you  make  to  that  i 
0rW*u«&l*w<>*A.  I  told  him  we  were  then  negotiating  witli  cer- 
lokexTu^-t  8.  ftj#in  parties  for  the  formation  of  a  new  telegraph 
Company,  and  we  were  under  some  moral  obliga- 
Sid  hu/L.  ^liUi ons  to  them  from  which  I  did  not  think  we  could 
f*nt£;.i.<ukxb''8x>  [be  released,  and  at  that  time  I  was  not  prepared  to 
Jiinc«rtM^A*KcL~\lisciisa  the  matter  of  price  or  sale  at  all. 

»rWi(AQ.  Was  anything  else  said  by  either  of  you « 
JtaZ3l,/y*'-  A.  I  think  nothing  material  except  enlargement 

of  this  general  subject. 
teL-JO  zfl-tj.  &Q  J ’gJ-Oyi,  ,  f 


d  hCj&d  kntVs.  i  5  *$/■ 

1  ^  faxMLhJ:1  ({.  m  cWeC  Uulj 

tMW'  oumZ)  bu  CLA.  uwUjf.  rt^/VCvO/^ui/vJ^  0.  SS&pHu 


Q.  Yon  have  spoken  or  two  interviews.  Have 
you  given  the  conversation  at  both  ? 

A.  Generally  ;  the  subject  of  tho  first  interview 
related  rather  to  an  ascertainment  of  the  relation  of. 
all  these  parties,  and  one  thing  and  another  con¬ 
cerning  the  title..  Mr.  Orton  had  not  more  time  to 
spend  that  day,  nor  laid  J,  and  ho  requested  me  to  1493  ., 

call  tho  next  day  at  about  the  same  time  and  place  Wm 
T  consented  to  do  so.  and  the  next  day  we  accord-  0 

ingly  mot.  The  first,  suggestion  Mr.  Orton  made  *<_,  ^  . 

®ft*"'ns  fl'i't-  we  should  immediately  get  to  business  ;  7^- 
and  it  was  at  that  time  that  lie  asked  me  thisques-  6 H 

tion,  wlmt  would  induce  me  to  have  Mr.  Harrington 
transfer’  all  of  our  interests,  including  Mr.  Edi-A^jk-  ^<0  U 

son’s  interest  and  his  goodwill  and  so  on— what- ^  fy'  tUU  u/UaJr^ 

ever  our  relationship  was,  to  a  satisfactory  party.  <**»*<■  wiLou4m-A 
Q.  Do  you  recollect  having  had  an  interview  with  Cj  Ciu  K/hfa 

Mr.  Edison  in  reference  to  rhereported  negotiations  '  ’ 

with  Afr.  Prescott  of  the  Western  Union  Telegraph  1494 
Company',  before  the  19th  of  August,  1874  ? 

A.  Yes,  sir.;  a  number  of  them; 

Q.  At  what  time? 

A:  At  various- -times  dnring  the  spring  and. early 
summer  of  1874,  mainly'. ;  ■  *  jdjMmSjr 

Q.  Any  interview  about  the  time  of  the  writing  of  JB^T 

the  letter  from  Harington  to  Edison  which  you  have  .  WMF 

heard  read  ?  J0r 

A-  T"es,  sir ;  about  that  time— prior  to  that  time... 

Q.  Can  you  fix  the  date  ?  W 

A.  I  should  say  that  I  had  several  interviews  V 

with  him  during  the  latter  part  of  June  and  the 

first  few  days  of  July.  .1-195 

Q..:Wlmt  did  you  say  to  him  on  .that  subject?  . 


Admitted;  defendant.excepts. . 

fU  ^  tf'iPctiGZCTuJk: 

■  <M7I ^ c<M^i  fo> 


448 


A.  Mr.  Edison  cake  to  me  and  said  ho  was  in 
great  need  of  more  money  to  meet  his.  pressing 
necessities,  and  that  lie  could  make ia sale i  of  Ins 
quadrnplex  to  the  Western  Union  'lelegmph  Com¬ 
pany,  apd  it  would  give  him  some  money  to  get 
him  out  of  his  present  difficulties,  and  it  would  not 
149  .  injure  us  at  all,  and  ho  thought  he  would  have  to 
doit  Whereupon  I  told  him  that  it  would  very 
seriously  injure  us,  and  lie  must,  under  no  circum¬ 
stances,  give  them  the  quadruples  ;  that  I  would 
endeavor  to  furnish  him  the  money  lie  needed  my- 
■  self ;  that  we  would  make  it  up  some  l.ow  or  other ; 
it  was  for  the  purpose  of  paying  off  a  mortgage  that 

was  then  pressing  him. 

Q.  On  wlmt.  1  A.  On  some  property  in  IS ewark.  . 
-■  q  i)j(i  you,  in  pursuance  of  that  promise,  snp- 
vfll  ply  him  .with  any  money?  A.  8/000. 

Q.  IIow  soon  after  this  ? 

A.  I  think  I  gave  him  some  on  the  Sd  ilny  of 
14<J7  ju]y  .  i  g.lve  him  various  amounts  during  the 
month  of  July,  so  that  lie  released  the  mortgage  of 

810,000.  r  . 

Q.  You  mean  discharged  it  2  A.  Yes,  sir. 

Q.  AYliicli  mortgage  was  that  1 
A.  A  mortgage  he  had  given  to  a  former  partner 
or  his  named  Unger.  " 

Q.  Did  Edison  show  you  a  paper  dated  9  th  July, 
1S74,  between  himself  and  Prescott?  A.  Yes,  sir. 

Q,  Did  you  have  any  conversation  about  it ;  and 
if  so,  what  was  it? 

A.  He  brought  that  paper  to  me  immediately 
1498  after  it  had  been  signed,  and  submitted  it  to  me  ;  I 
'  read  it  over,  and  I  saw  that  he  had  done  just 
exactly  what  I  had  told  him  lie  must  not  do,  and  L . 
told  him  lie  had  committed  a  great  mistake,  and 
had  injured  us  very  seriously,  and  the  thing  must 
be  stopped. 

Q.  That  was  on  the  Otli  of  July  2 

A.  It  was  on  the  afternoon  of  the  Otli  of  July. 

Q.  Then  followed .this  coijyersafipn,  (il^out  the 
money?-  ''  '  '  *  ,  , 


gage,  somehow  or  otimr °,,M  ^  Cnre  °f  this  mort- 
A  eIsV'?,,s  8,,i‘l  011  subject ? 

Sin,  tluninm  SrIJSK j81  « Id  1499 


Mr.  Butter.— It  was  part  of  the  a 


i  vernation. 


Hof'  ^«'Y-We  cannot  have  all  the  . . 

nefrT  ('m'.r.i—lLwas  after  the  execution  of  the  pa-,-  n 
per  that  this  conversation  was  had  ?  1  a  ^00 

Thf  ref ' UXXe,/t—Jhe  i)al1,M'  which  was  abandoned, 
l  ie  real  contract  was  the  30th  of  August ;  the 
question  is  wliat  occurred  before  the  19th  of  August. 

Mr.  Butter.- We  offer  that  for  the  purpose  of 
bearing  on  file  question,  whether  he  was  .-cttiii- 
full  compensation,  or  selling  under  a  morel  duress! 
anil  also  to  show  that  lie,  at  that  time  made  nr 
rangement  l.y  whirl,  he  thought  he  could  protect 
Mr  Harrington.  For  instance,  ns  illnstretion,  he 
says:  “I  have  pur  in  there  that  nothing  can  he,.  , 
sold  by  the  Western  Union,  or  anybody  else,  with- 1(1,1 
ontingree.  and  I  will  not  agree  to  have  anything 
sold  Without  you  and  Mr.  Harrington  agree  to  it.” 

That  would  show  two  facts— show  that  he  recog¬ 
nized  at.  tin*  time  this  binding  obligation  of  Mr. 
Harrington,  and  endeavored  to  protect  it  ■  for  you 
.  observe  that  in  hot),  the  eonlncia  there  is  the 
agreement,  that  neither  shall  dispose  of.  sell,  or 
lease,  or  license,  without  consent  of  the  other.  1 


where  a  conversation  comes  in  m  pint, 
no  rule  of  law  that  excludes  any  portion  of  it. 

02  '/he  Court. -Wc  only  want  those  portions  that 
hear  upon  the  matter  in  issue  ;  I  don  t want  topnr- 
sne  the  investigation  any  further,  than  is  neces- 

Mr  B-ulUr,- In  offering  testimony,  if  there  can 
he  any  supposed  use  in  which  it  could  become  ma¬ 
terial,  it  isadmissible. 


(Mr.  Lowery  moves  to  strike  out  the 
answer  of  the  witness  to  the  last.  ques,. 
tion.) 

1503  The  Court. — I  decline  to  strike  it  out, 


(Defendant  excepts.) 


Q.  What  else  was  said  ?  ' 

Objected  to ;  admitted  ;  exception. 

A.  I  stated  to  him  that  was  a  saving  clause,  and 
that  he  must  take  no  money  under  .Hint  contract ; 
that  1  would  raise  him  this  money.  He  said,  “  All 
right,”  or  something  to  that  effect,  and  itwns  upon 
that,  and  after  that  interview,  that  I  arranged  with 
Mr.  Harrington  and  a  few  others  of  the  associates 
15U4  t0  famish  him  with  this  money— to  advance  him  in 
paying  off  the  mortgage. 

Q.  Your  interview  witli  Mr..  Orton  was  before  . 
this? 

A.  Yes,  sir ;  in  the  mouth  of  June. 

Q.  Look  at  this  agreement,  Exhibit  80,  and  state 
if  it  is  a  duplicate  of  this  agreement  that,  Edison 
showed  you  on  the  0th  of  July,  and.  of.  which  you 
have  just  spoken  ? 


451, v 

.  A.  I  think  it  is,  sir; 

Q.  That  visit  to  Newark,  you  spoke  of,,  with  Mr 
Eckert,  was  any  one  else  of  tiie  party  1 
A.  Mr.  A.  B.  Chandler  and  Mr.  E.  S.  Brown, and 
probnbly  one  or  two  other  gentleman,  whose  names 
I  cannot,  recall.  \ 

Q.  When  was  that  visit?  If 

A  In  the  fall  of  1873.  • 

Q.  Was  that -the  occasion  as  to  which  the  other 
witnesses  1 1 uve  testified  '  A.  Yes,  sir. 


Cross -examined  by  Mr.  Lowrcy ; 

■  Q.  In  wlmt  form  did  you  pay  to  Mr.  Edison  this 
money  which  you  have  just  said  you  raised  for  him? 

A.  I  think  I  paid  but  very  little  to  him 
myself  ;  I  handed  it  to  Mr.  Unger,  for  his  account, 

Q.  In  what  form  did  you  pay  it  to  Mr.  Unger? 

A.  Part  of  it  in  cash  ;  I  may  have  given  him  one 
or  two  small  notes  ;  I  nm  not  confident.  1506 

Q.  As  to  tile  notes,  did  you  pay  them  ? 

A.  I  think  subsequently  ;  probably  (52,000 ;  I  am 
not  confident  as  to  the  amount— not  over  that  were 
paid  by  Mr.. Edison  himself  ;  bat §7,000  or  £8,000, 
or  probably  §9,000  of  the  amount  we  paid. 

Q-  I  have  information  from  Mr.  Edison,  and  1  ■ 
wish  to  ask  whether  it  is  correct,  that  all  tile  money 
lie  received  from  you  on  that  account,  and  on  tiiat 
occasion,  was  about.  §3,000  in  notes,  which  notes 
were  aftewnrds  protested,  and  lie  had  to  pay  them. 

A.  It-  is  not  so.  If  he  said  so.  lie  is  mistaken. 

Q.  How  much  actual  cash  did  von  pay  to  Mr. 
Edison  ?  ’  I  •  07 

A.  I  cannot  answer  that  question  literally  ;  but 
I  will  give  you  your  answer  if  you  will 
allow  me  to  give  it  in  my  own  way.  1 
I  have  the  cancelled  mortgage  in  my  possession  with 
the  receipts  thereon  endorsed  by  Mr.  JUnger  ns 
having,  received  from  me  §10,0(10  at  various  times 
during  the  month  of  July. 

Q.  You  know  whether  these  receipts  express  tile 
truth?  A.  They  express  tliu  truth. 


ZJ 


think,  upon  n  question  before  n  Court  of  lniv,  flint, 
it  would  be  exceedingly  instructive  and  important 
to  know  the  exact  condition  of  his  mind.  Now, 
the  conversation  conies  in,  and  is:  in  in  part :  and 
where  a  conversation  comes  in  in  part,  we  know  of 
no  rule  of  law  that  excludes  any  portion' of  it. 

1002 

rlhc  Court- — Wo  only  want  those  portions  that 
bear  upon  the  matter  in  issue ;  I  don’t  want  to  pur¬ 
sue  the  investigation  any  further,  than  is  ueces- 

Mr.  Butter. — In  offering  testimony,  if  there  can 
be  any  supposed  use  in  which  it  could  become  ma¬ 
terial,  it  is  admissible. 

(Mr.  Lowery  moves  to  strike  out  the 
answer  of  the  witness  to  the  last.  ques.-. 

1503  yyie  Court.— I  decline  to  strike  it  out. 

(Defendant  excepts.) 

Q.  What  else  was  said  ? 

Objected  to;  admitted  ;  exception. 

A.  I  stated  to  him  that,  was  a  saving  clause,  and 
that  he  must  take  no  money  under  that  contract ; 
that!  would  raise  him  this  money.  Ife  said,  “All 
right,”  or  something  to  that  effect,  and  it  was  upon 
that,  and  after  that  interview,  that  I  arranged  with 

1504  iIr'  IInllin£ton  !,,,d  a  few  others  of  the  associates 
to  furnish  him  with  this  money— to  advance  him  in 
paying  off  the  mortgage. 

Q.  Your  interview  with  Mr..  Orton  'was  before  . 
this? 

A.  Yes,  sir  ;  in  the  month  of  June. 

Q.  Look  at  this  agreement,  Exhibit  80,  and  state 
if  it  is  a  duplicate  of  this  agreement  that  Edison 
showed  you  on  fclio  Otli  of  July,  and.  or  which  you 
have  just  spoken  ? 


_ _ . 


451- 

.  A.  I  think  it  is,  sir;  - 

Q.  That  visit  to  Newark,  you  spoke  of,  with  Mr. 
Eckert,  was  any  one  else  of  the  party  1 
A-  Mr.  A.  B.  Chnndler  and  Mr.  E.  S.  Brown, and 

Q.  When  was  that  visit  ?  1505 

A  In  the  fall  of  1873.  . 

Q.  Was  that  the  occasion  as  to  which  the  other 
witnesses  have  testified  ?  A.  Yes,  sir. 

Cross-examined  by  Mr.  Lowrey  ; 

In  dit1  y0n  to'Mr.  Edison  this 

money  which  you  have  just  said  you  raised  for  him? 

A.  t  think  I  paid  but  very  little  to  him 
myself ;  I  handed  it  to  Mr.  Unger,  for  his  account. 

7  7?  "’hat  form  did  you  pay  it  to  Mr.  Unger? 

A.  Part  of  it  m  cash  ;  I  may  have  given  him  one 
or  two  small  notes  ;  I  am  not  confident.  1508 

,  t  ,  !0,th,;  notes’  did  you  pay  them  ? 

A.  I  think  subsequently  ;  probably  §2,000 ;  lam 
not  confident  as  to  the  nmount.— not  "over  that  were  ' 
paid  by  Mr.. Edison  himself ;  but  $7,000  or  $8  000 
or  probably  $0,000  of  the  amount  we  paid.  ’  ’ 

Q.  I  have  information  from  Mr.  Edison,  and  1  ■ 
wish  to  ask  whether  it  is  correct,  that  all  the  money 
he  received  from  you  on  that,  account,  and  on  that 
occasion,  was  about-  $3,000  in  notes,  which  notes 
were  af te wards  protested,  and  he  had  to  pay  them. 

A.  It  is  not  so.  If  he  said  so.  he  is  mistaken. 
h°w  «*"«h  actual  cash  did  you  pay  to  Mr 
Edison?  V  *  i * 07 

A.  I  cannot  answer  that  question  literally  ;  but 
I  ,  will  give  you  your  answer  if  you  will 
a  low  me  to  give  it.  in  my  own 'way.  1 
I  have  the  cancelled  mortgage  in  my  possession  with 
the  receipts  thereon  endorsed  bv  Mr.  lUnger  as 
.  having  received  from  me  $10,000  at.  various  times 
during  the  month  of  July. 

T011.  Ic,‘?'v  Whether  these  receipts  express  the 
ti  uth  f  A.  Ihey  express  the  truth. 


7-v 


m- 

Q.  Tlien  you  paid  810,000,  diil  yon, to  Mr.  Ungor? 

•  A.  A  part  of  that  payment  of  §10,000  may  have 
included  these  one  or  two  notes  which  Mr.  Edison 
subsequently  paid  ;  tin.*  notes  given  were  Edison’s 
notes  endorsed  by  Mr.  Harrington,  myself,  and  an- 

....  other  gentleman. 

1508  Q.  Do  you  mean,  then,  it  was  intended  at  the 
outset  that  yon  should  not  pay  these  notes,  that 
you  were  merely  by  your  endorsement  to  give  Mr. 
Edison  a  temporary  credit? 

A.  We  were  noljjit  that  time  indebted  to  Edison 
for’tlmt  amount ;  we  were  assisting  him. 

Q.  Was  it  the  understanding,  that  these  notes 
were  not  to  be  paid  by  tile  endorsers  ? 

•  A,.  It  was  a  mutual  arrangement.  .. 

.  Q.  -What' was  the  mutual  arrangement? 

A.  If  Mr.  Edison  could  not  or  did  not  pay  them, 
we. would  pay  them.  . 

1500  Q-  Eat  as. between  yon  and  Mr.  Edison,  was  it 
understood  that  you  merely  gave  hint  a  temporary 
credit  by  your  endorsement  ?  A.  -No,  sir. 

1  he.  Court.— That  is  the  legal  effect  of  the  instru- ' 
meat.  .  .  : 

Mr.  Lowrcy. — That  may  be  ;  but  the  witness 
started  out  to  say  that  he  paid  out  a  large  sum  of 
money.  ■ 

The  Court.— And  lie  contradicts  himself  by  say¬ 
ing  that  so  far  as  the  notes  are.  concerned,  lieen- 
jj-jydorsed  them. 

Mr. Lowrcy. — But  this  might  bo  a  mode  in  which 
that  arrangement  was  set  aside. 

r.  The  Court.— Do  you  wish  to  show  that  if  was  ? 

Mr  Lowrcy. — If  the  fact  is  po.  I  am  not  afraid, 
of  any  of  the  facts..  I  would  like- to  know  what 
they  are.'  _.  .  ,  .  " . 


. - 


..1512 


this'-we^r!'!  “rri"1  i»y0nd 

Ar‘'  ;,'.u,'|,<1  t,MI5  we"'ero  interested  in  pre-  .  . 
nmiW  ilr;  Kduon,  and  especially  interested  in  1511 
Patenting  him  from  eommitting  any  error  that 
would  involve  him  or  injure  us'-  and  it  was  a 
tnal  aid  that  we  extended  ;  I  did  not  expect  Mr.' 
Edison  should  pay  these  notes  himself. 

Q.  But  so  far  ns  the  face  of  the  notes  was  con- 
cerned,  you  wrote  nothing  upon  them,  and  did 
nothing  hi  connection  with  them  that  should  warn 
others  that  they  were  other  than  the  notes  of  Mr 
Edison,  endorsed  by  you  ?  A.  I  think  not. 

Q.  Then  so  far  as  that  part  of  the  payment  is 
concerned,  you  did  not  pay  Mr.  Edison  anything, 
but  endorsed  lus  notes  for  accommodation  ” 

A.  I  think  that  a  part  of  the  notes  I 
given'  were  discounted  by  one  of  our  associates 
and  the  cash  paid.  ’ 

Q.  Yon  have  referred  to  the  Domestic  Telegraph 
Company,  I  think  by  name,  but  at  all  events  said 
that  you  and  several  others  organized  a  scheme  to 
carry  on  telegraphy  on  the  principle  of  Little,  was 
not  that  known  generally  as  the  Automatic  Tele¬ 
graph  Company  ? 

A.  I  did  not  say  that,  I  think. 

'  Q.  Is  there  an  organization  in  which  you  have  ar 
interest  known  as  the  Automatic  Telegraph  Com 
puny,  or  has  there  been  nt  any  time  ? 

A.  I  have  ail  indirect  interest — yes,  sir. 

Q.  And  is  there  such  an  organization? 

A.  There  was  nt  that  time:  ' 

Q.  When  was  this  company  organized— Auto¬ 
matic  Telegraph  Company  ? 

A.  Early  in  December,  1870. 

Q.  That  company  is  organized  for  the  purpose  of 
■sending  telegraph  messages  by  menns  of  an  auto¬ 
matic  system  ? 


1513 


I 


7" 


[04 

A.  No,  sir  j  not  solely  for  that.  --  . 

'  Q  I  ilo  not  refer  to  the  purposes  expressed  in  its 
legal  organization.  I  ask  ns  to  the  purpose  of  the 
founders!  , 

.  A.  The  purpose  was  to  cheapen  telegraphy,  ana 
one  of  the  bases  was  (lie  superior  claim  of  the 
1-51,4  scheme  of  Mr.  Little,  of  a  superior  system  over 
'  anything  outside  of  the  Western  Union  Telegraph 
Company.  It  was  organized  in  opposition  to  the 
Western  Union  Telegraph  Company. 

Q.  At  the  time  it  was  organized,  was  any  means 
known  of  cheapening  telegraphy  so  far  as  the  tele¬ 
graph  is  concerned,  except  Little’s  system  ? 

A.  Yes,  sir;  several  in  Europe. 

Q.  What  was  the  AY  heat  stone  1 

A.  Wheatstone  was  one  ;  it  was  so  early  in  my 
experience  that  1  had  not  investigated  the  subject. 

Q.  Did  you  then  know  of  any  other  .plan  of 
1615  C11U!I polling  telegraphy  by  thu  use  of  the  operation 
besides  that  1 

A.  I  don’t  think  that  question  is  one.  I  can  an¬ 
swer  in  that  way,  because  I  know  of  a  great  many 

Q.  I  have  limited  it  to  the  method  of  operating 
the  telegraph,  and  as  matter  of  fact,  the  only  thing 
in  operation  in  this  country  at  that  time  was  the 
Morse  system  and  the  printing  telegraph. 

Q.  Tlie  Little  system  was  an  existing  system  at 
that  time  1  A.  We  thought  so. 

Q.  And  upon  that  belief  of  yours  in  part  you 
organized  this  concern  1  A.  In  part. 

1510  Q.  Yon  also  knew  at  that  lime  that  there  was  a 
system  called  the  AA’heatstoue  system  which  yon 
took  to  be  a  cheaper  system  than  the  Morse  1 

A.  1  had  no  view  concerning  it. 

.  Q.  Had  yon  any  view  concerning  any  other  sys¬ 
tem  of  telegraphy  ns  being  a  cheaper  system  gene¬ 
rally  1  A.  I  think  not.  • 

•  Q.  Then  you  started  in for  the  .purpose  of  work¬ 
ing  in  tlie  hope  that  you  might  succeed  practically, 
witli  tlie  Little  systum  1  A.  Not  exclusively.  . 


|  |  Q.  What  else  did  you  intend  to  work  ? 

A.  Tlio  Morse  System. 

Q.  Did  you' intend  to  work  that  cheaper  than 
1  other  people  could  work  it ?  A.  Yes,  sir. 

Q.  In  whiit  manner!  . 

A.  By  conducting  the  business  in  n  more  effica¬ 
cious  mnnnui  and  at  lower  rates.  1517 

.  Q.  By  paying  less  wages,  less  for  stationerv,  less 

for  rent,  and  otiiercurreiif  expenses  of  the  business! 

**  *  A.  No,  sir-;  h.V  no  means. 

Q.  You  did  not.  mean  to  make  tlie  business  more 
economical  ? 

»  A.  We  .expected  to  use  just  ns  good  material  as 

other  people,  but  we  believed  it  could  be  done 
Cheaper  and  lit  a  lower  expenditure; 

Q.  Did  you  believe  that  you  could  work  the 
Morse  instrument  on  a  wire  cheaper  than  other 
people? 

A.  That  was  an  experiment  that  we  proposed  to ,  r  ,  „ 
make.  '  Jjl° 

Q..  Then,  you  organized  your  company  for  the 
general  moral  purpose  of  cheapening  telegraphy, 
and  you  availed  yourself  of  the  Little  system  to  ac¬ 
complish  it,  and  intended  also  to  work  the  Morse 
system  cheaper  than  others,  if  you  could  ? 

A.  No,  sir;  we  did  not  do  it  for  any  such  pur¬ 
pose  at  all ;  we  were  not  missionaries  ;  we  went  into 
it  for  the  purpose  of  making  money. 

Q.  I  don’t  want  a  tournament  with  you  at  all ; 

I  should  like  to  have  a  fair  answer  to  my  question  ; 

I  am  simply  desiring  to  get  at  what  the  actual  pur¬ 
pose  was  at  that  time?  lo]9 

A..  I  answered  several  times  that  the  main  basis 
was  our  belief  in  the  possibilities  of  the  Little 
system  of  automatic  telegraphy. 

■  Q.  You  owned  the  right  to  use  that  system  to 
the  exclusion  of  others? 

‘  A.  We  had  a  contract  by  which  we  might  sub¬ 
sequently  control  it. 

Q.  It  was  a  patentable  system,  was  it  I 
A.  Certain  features  of  it. 


Q.  Part  of  your  purpose  was  to  control  those 
patentable  features  2  A.  Yes,  sir. 

Q.  Have  you  given  a  good  deal.. of  study  and 
thought  to  the  subject  of  telegraphing,  and  had  yon 
done  so  at  that  time  2  A.  No,  sir. 

Q,  Wlmt  led  you  take  an  interest  in  the  automa- 
1550  tic'system  of  telegraphy,  on  the  Little  system  of 
telegraphy  2  A.  My  entliusinm. 

Q.  Wlmt  was  your  entliusinm  Tor  what,  thing! 

A.  For  the  means  of  transmission,  which  seemed 
at  hand,  so  that  one  wire  could  be  made  to  do  the 
work  of  a  great  many.  • 

Q.  Now,  your  entliusinm  fed  upon  some  particu¬ 
lar  thing  ;  what  was  it  2 

A.  One  of  the  things  was  the  promises  of  Mr. 
Little. 

Q.  Was  not  your  thought,  and  expectation  at 
that  time  directed  almost  entirely  to  accomplishing 
this  object  through  such  means  as  Mr.  Little  had 
■"  suggested  or  similar  and  related  means!  A.  Re¬ 
lated  in  what  sense. 

Q.  As  being  automatic  2  A.  1  think  not. 

Q.  AVlint  other  things  in  respect  to  cheap  tele¬ 
graphy  caused  you  to  be  <  nthusiastic  than  those 
things  which  related  to  automatic! 

A.  Do  you  propose  to  limit  it  to  the  time  at 
which  the  Automatic  Co.  was  organized. 

Q.  No,  sir. 

A.  About  this  same  time  1  became  acquainted 
through  Harrington  with  Edison,  and  learned  of 
'  his  great  ability  in  the  telegraph  art,  and  Hnrring- 
1622'ngton  had  already  at  that  time.secured  this  con¬ 
tract  with  Edison. 

Q.  Which  one  2 

A.  October  1st,  1870;  and  we  expected  great  re¬ 
sults  over  there  from  the  statements  which  had 
come  to  us  concerning  Edison’s  ability. 

Q.  Now,  keep  yourself  carefully  to  what  you 
then  knew  rind  thought,  and  toll  me  .whether  your 
expectations  did  not  relate  principally,  if  not  soiely 
to  Edison’s  ability  to  improve  the  Little  or  other 
automatic  systems  of  telegraphy!  A.  Yes,  sir. 


it^TT1'^  °bjoctof  3-our  mind,  was 
t .  a.  My  mind  personally. 

Si 

•ys 

SSSSrSsS* 

mentor  1870?  '  OUt  ,lle  ,l"1'ee' 

The  Court  The  motion  was,  did  they  regard 

-  •>-«-« 


A  5  W'!at 'v;,s  tl,e  of  Hie  organization  of  the 

Automatic  telegraph  Company  2 
A.  About  tlio  fith  of  December,  1870. 

Q.  Was  that  company  o  |  ,  j  ,  th  I 
Of  this  State  in  permitting  the  organization  of  tele¬ 
graph  companies  2  A.  Yes,  sir. 

Q.  Tt  was  therefore  organized  to  build  a  line  of 
telegraph  and  operate  it;  that  we  all  know;  did 

you  proceed  to  build  a  line?  A.  No,  sir 
Q.  Did  you  purchase  a  line  2 
A.  We  made  a  contract  for  a  line.  p- 

30.  Q-  Hid  the  Automatic  Telegraph' Company  ever  ' 
require  a  line  of  telegraph  2  A.  No,  sir. 

Q.  Did  it  ever  operate  one  2  A.  Yes,  sir. 

Q.  Between  wlmt  point? 

-  A-  ^w  York  and  Washington. 

Q.  Freni  whom  did  it  acquire  this  line  ! 

_A-  By  contract  with  the  National  Telegraph 


'  Q.  That  was  n  corporation  organized  in  tho  same 
manner? 

A.  I' can’t  state  as  to  its  distinctive  features — 
generally,  I  suppose  so. 

Q.  Mr.  D.  II.  Craig,  who  was  spoken  of  by  Mr. 
Edison,  was  a  party  largely  in  interest  in  the  Na¬ 
tional  Telegraph  Co.  ?  A.  I  think  not,  sir. 

Q.  Was  he  largely  interested  in  the  Little  patents} 

A.  He  claimed  to  have  some  interest. 

Q.  Did  lie  act  with  you,  either  by-  way  of  nego¬ 
tiations  or  in  concert  in  the  carrying  on  .of  this 
business  of  automatic  telegraphy  1  A.  No,  sir. 


A.  At  the  time  of  the  organization,  Mr.  Craig 
was  to  (ill  the  place  of  the  News  Department  in  a 
i'eiegrapli  Company  ;  and  for  temporary  purposes 
Ins  name  was  put  down  as  a  director  to  be  subse- 
piently  yielded  to  another  gentleman  ;  that  is  the 
nily  ollicial  connection  lie  ever  lmd  with  the  com- 
lany  ? 

Q.  Tell  me  what  Mr.  Craig  has  ever  had  to  do 
with  automatic  telegraphy  ? 

A.  He  has  had  a  great  deal  to  do  with  it  in  con- 
lection  with  the  newspapers,  in  fact  everything 
hat  was  done. 

Q.  lias  he  been  an  exponent  and  promoter  of  it 
hrougli  the  newspapers  ? 

A.  I  could  not  call  him  a  promoter,  except  in- 
liry  is  a  promotion. 

Q.  I  understand  the' 'humor  of  your  answer;  did 
le  appear  in  the  character  of  a  promoter? 

A.  Yes,  sir. 

Q.  Has  not  Mr.  Craig  had  more  to  do  with 
''riting  on  this  general  subject  and  the  publication 
n  the  newspapers  generally  than  anybody  else  V 

A.  That  is  a  general  question ;  lie  had  n  great 
leal  more  to  do  with  it  tillin’  1  ever  lmd. 

Q.  Or  than  anybody  else? 

A.  Than  anybody  associated  with  me. 

Q.  He  was  in  tlie  National  Telegraph  Co.? 


Q,  Not  at  all;  no  interest  in  it? 

A.  Ho  had  a  relation  to  it. 

toTOirabikbl!.^ VLT- "'ith  Mm  respect. 

Company?1”?1.  ^AViJ'.siiV^  fl°  1 

line  ?  lf°"  l0"ff  <li(1  y°"  cw"tinue  t0  operate  this  1529 

oMfttu'n  from  about  the  summer 

of  1871,  until  about  the  1st  of  January,  J873, expert- 
'  ,  "  k,"°-  Slll,K':(l,,e"tly  to  that  time  until 

"eZ«l  i  •li,ry’  We  l'ortially  for 

general  business  and  partially  for  experiment. 

.  Mow  was  that  line,  or  the  operation  of  that 
company,  or  the  business  carried  on  by  it  spoken 
<>r  generally  by  way  of  description— was  it  called 
the  automatic  telegraph  i 

^  A.  ft  was  called  the  Automatic  Telegraph  Com- 

Q.  I  mean  the  business  generally.  Was  not 1530 
that  line  and  its  operation  called  the  Automatic 
i  elegraph  ? 

A.  I  don’t  know. 

Q.  Was  it  not  called  the  Automatic  Line,  gener- 
illy? 

A.  1  don’t  know  that  it  was. 

Q.  Didn’t  you  advertise  it ! 

A.  We  always  advertised  as  the  Automatic  Tele- 
;mpli  Company— the  line  of  the  Automatic  Tele- 
raph. 

Q.  Among  those  poisons  who  had  to  do  with  the 
mipuny,  and  with  whom  you  did  business  con- ig8i 
lining  it  and  its  operation,  did  you  ever  hear  it 
died  the  Past.  Telegraph  ? 

A.  No,  sir ;  not  in  that  connection. 

Q.  Did  you  ever  hear  it  called  the  fast,  telegraph 
i  any  connection.  A.  The  automatic  system  ? 

Q.  Yes,  sir?  A.  Oh  !  yes. 

Q.  Wasn’t  it  as  often  called  the  fast  as  the  auto- 
ntie  ?  A.  By  no  one  except  Craig. 


universally  called  the  last  or  automatic  telegraph 
system  ?  A.  I  think  not. 

Q.  And  linnlly  what  became  of  the  work  nnd  bus¬ 
iness  of  the  Automatic  Telegraph  Company  ? 

A.  It  was  transferred  to  the  charge  of  General' 

1532  Eckert. 

Q.  The  President  of  the  Atlantic  and  PncilicTel- 
egrapli  Company  ?  A.  Not  in  that  mime. 

Q.  He  is  (lie  president  of  the  Atlantic  and  Pnoi- 
iie  Telegraph  Company  ?  A.  Yes,  sir 
Q.  That  is  the  person  you' refer  to? 

A.  That  is  the  person  I  refer  to. 

Q.  Hid  you  devote  much  time  and  what  you  call 
enthusiasm  during  these  years  to  this  system  of 
telegraphy  ?  A.  Yes,  sir. 

Q.  Had  you  personal  and  pecuniary  interest  in 
it  ?  A.  The  largest  individual  interest. 

033  *k|VU  y°»  expended  considerable  sums  of 
money ;  I  don’t  ask  you  how  much? 

A.  Yes,  sir ;  many  thousands  of  dollars. 

Q.  You  say  this  business  has  been  transferred: 
has  the  stock  of  Ibis  company  been  transferred  to 
General  Eckert  i  A.  No,  sir. 

Q.  By  whom  is  it  now  owned  ? 

A.  There  was  no  stock  of  the  Automatic  Tele¬ 
graph  Company,  proper,  ever  issued. 

Q.  Hid  not  Mr.  Harrington,  by  certain  agreements 
made  in  1873,  undertake  to  convey  to  some  other 
persons,  the  entire  interest  involved  in  the  Auto¬ 
matic  Telegraph  Company  ?  A.  Yes,  sir. 

034  Q.  Have  controversies  arisen  between  yon  nnd 
those  purchasers,  as  to  whether  that  title  did.  in 
fact,  pass;  Ido  not  wish  to  go  into  particulars  of 
your  private  affairs ;  I  only  want  to  know  that  you 
are,  infact,  the  claimant  as  against  the  Atlantic 
and  Pacific  Telegraph  Company,  at  this  moment  of 
all  the  interests  which  they  say  they  got  from  Mr. 
Harrington?  A.  Am  I  bound  to  answer  that. 

Tim  Court. —  Yhh.  'xir  t 


tlmt  T  . .  *  •'  rel,so,>  of  certt 

that  I  won  t  go  into  now,  that  the  come 

here  'dhln'!  /t*  ?'• 

sm,-,.-  °  <i,ro,:f> ,,ml  51,111  <>H  those 

.  i  ,  ,"  m  1,1  y°"  nnd  your  associates? 
A.  That  is  our  claim.  ' 

Q.  Look  at  the  pamphlet  1  now  hand 
A.  ^1  think Vu>t.l  ,'<*  * '  ''  "  lwf"m? 

•  -Sis 

c  n  m",.,  in  New  York,  January  28th,  1 
«hicdi  was  by  you  enclosed  i„  a  personal  , 
^  Orton?  A.  T  remember  that  circular. 

Q.  Mint  was  issued  by  Air.  Harrim-ton  a 
dent  of  that  company,  was  it  not?  ”  ’  * 

A.  I  don’t  know  whether  1m  signed  I, in 
president.  It,  was  practically  issued  bv  me 
Q.  Bid  you  sign  Mr.  Harrington’s  mime  > 
A.  No,  sir.  • 

Q.  It.  emanated  from  the  office  of  the  conn 
A.  Yes,  sir.  1 

Q.  And  you  brought  it  to  the  attention  , 
Orton  on  the  date  or  your  letter,  did  vou  not 
A.  It  must  have  been  at  that  time.  * 

Q.  You  wrote  the  circular,  or  issued  it  I 
A.  I  assisted  in  preparing  it.  What  I  me; 
say  is,  the  test  was  got  up  at  my  instance. 

Q.  I  understood  you,  a  little  while  ;mo  t 
that  you  never  used  the  term  “fast  systen 
synonioiis  with  automatic.  Look  at  that  cir 
and  say^whether  you  will  not  correct  that  1 

Q.  Have  you  used  the  icrm  “  fast”  yours, 
synonymous  with  the  automatic  system,  in  s 
ing  with  persons  associated  with  Vou  in  the 
graph  business,  or  other  persons  who  were  cm 
in  the  telegraph  business  ? 


—The  significance  of  the  tc 


\  * 


402 

material  ns  bearing  upon  the  construction  of  the 
agreement,  ami  unless  it  had  a  signilicnnce  prior  to 
the  issue  of  the  agreement,  the  use  and  acceptation 
itself,  among  other  electricians  and  those  actually 
concerned  and  engaged  in  the  telegraph  business, 

I  can  hardly  see  that  a  subsequent  application  of 
3 G38  the  term  in  that  manner  would  have  any  bearing 
upon  the  question  at  issue  here. 

Q.  Whom  else  have  you  heard  than  Mr.  Craig 
make  use  of  that  word,  in  that  sense? 

[Mr-  Wheeler  asks  that  the  question 
be  limited  to  the  time  of  about  this  agree¬ 
ment  ol:  April  4tli. 

.  Mr.  Lowrey  stated  that  he  expected  to 
connect  all  these  periods.] 

The  Court. — If  the  counsel  intends  to  show  that 
IQ3g  it  had  that  use  prior  to  that  date,  I  will  allow  the 
question  to  be  answered.  All  I  require  is  the  coun- 

Isel’s  assurance  to  that  effect. 

A.  I  do  not  think  that  I  eoukl  name  an  indi- 

Q.  Have  you,  yourself,  ever  made  use  of  tile  term, 
either  in  speech  or  in  writing,  to  indicate  a  system 
synonymous  with  the  automatic  system  ? 

A.  If  you  would  like  to  know  what  facts  I  had 
about  tile  “  fast,”  I  will  tell  you  them. 

Q.  I  have  not  the  slightest  interest  in  that  ? 

A.  I  see  what  you  want. 

2’/te  Court. — The  counsel  wants  an  answer  to  the 
question?  A.  Not  strictly — no,  sir. 

Q.  Will  yon  look  at  the  circular,  dated  January 
28tli,  1874,  which  you  say  you  either  prepared  or 
caused  to  be  issued,  and  read  the  first  two  lines, 
and  see  if  you  will  correct  the  answer. 

•  Objected  to,  and  excluded. 


The  Wilnesx.—l  q.mliliy  that  ity  saving  that  it 

.”VTr 1 

Hug,  on . Li';r  

dom-e.LO"T<,y0'r°,'e(1  tG  rhe  dwn'w  Inert- 

It 

Objected  to,  on  thogmund  that  it  bears 
date  January  28th,  1874,  and  cannot  have 
any  legitimate  bearing  on  the  contract  of 
April  4th,  1871. 

a  ,5r-  frrey\~X  0ffe‘' ,-t  'vitl*  «“>  view  of  showing 
a  use  of  terms  by  persons  engaged  in  the  business  j 
and  I  expect  to  show  a  continuous  use  of  the  terms, 

,  ra!n  ,,1u,1"fy  >*y  the  witness,  the  papers  which  I 
have  m  my  hands.  Harrington,  one  of  the  parties, 
appears  here ;  another  parly  is  the  gentleman  on 
the  stand  All  this  is  only  a  part  of  a  chain  of 
proof,  tending  to  show  that  there  did  exist  among liH 
these  people  a  clear  signification  of  the  word 
hist,  and  that  it  meant  automatic.  I  shall  at¬ 
tempt  to  show  that  it  meant  the  particular  auto¬ 
matic  they  were  working. 

Mr.  jir<m/erS~ Mr.  Lowrey  handed  up  the  paper 
to  show  that  tl.e  witness  was  mistaken  in  one  of  his 
auswei-s.  He  caniiol  contradict  the  witness  by  a 
paper  which  the  witness  said  lie  ilid  not  draw. 

J/r.  Lowrey. — This  is  a  circular  addressed  to  the 
public,  signed  “C-feorge  Harrington,  president.”  It  irj, 
is  indited!  from  the  office  of  the  Automatic  Tele* 
.graph  Company.  It.  is  enclosed  to  William  Orton, 
president,  under  date,  February  17th,  1874,  some 
lime  previous  to  whatever  notice  the  witness  gave 
to  Mr.  Orton  of  the  understanding  and  agreement 
between  Harrington  and  others,  and  brings  his  at¬ 
tention  to  a  paper,  which  contains,  among  other 
'things,  the  interpretation  of  the  word  “  fast.” 

The  Court. — I  think  it  tends  to  show  wlmt  signili- 


ChsX, 


(Exception  taken  by  Mr.  Wheeler.) 
Q.  Do  you  know  Mr., George  B.  Hicks? 


Q.  Do  you  know  who  he  is  ? 

A.  I  have  heard  that  lie  was  the  man  who  made  a 
repeater,  which  they  used  in  a  magnetic!  telegraph, 
and  who  resides  at  Cleveland. 

Q.  Have  you  never  heard  of  him  ns  the  agent  of 
the  Western  Associated  Press  ? 

A.  No,  sir. 

Q.  Look  again  carefully  at  this  pamphlet  which 
you  have  already. looked  at? 

A.  (After  examination.)  I  don’t  think  I.  ever 
......  a  document  of  that  character.  I  certainly 

never  read  it. 

' 1545  , 

Mr.  Lowrey :  I  cannot  prove  by  this  witness  the 
paper  which  I  relied  upon  when  I  gave  the  assur¬ 
ance  to  your  Honor,  and  which  is  necessary  to  con¬ 
nect  the  other  proofs.  I  therefore  can  proceed  no 
further  with  this  topic. 

Q.  When  you  saw  Mr.  Orton  in  town,  you  gave 
as  a  reason  for  not  meeting  favorably  his  question 
or  advance,  that  you  were  then  engaged  in  negotia¬ 
tions  with  other  persons  to  whom  you  were  under 
a  moral  obligation  ;  I  so  understood  von  ? 

A.  Yes,  sir.  ’  *  ‘ 

104G  9;  Tllose  negotiations  were  with  other  persons 
with  respect  to  the  sale  of  tins  automatic  telegraph 
were  they  not  ?  A.  Partially. 

Q.  What  other  tilings  than  the  sale  of  the  auto¬ 
matic  telegraph  t 

A.  We  knew  at  that  time  that  Edison  laid  made 
very  great  improvements  in  other  directions  than  in 
tile  automatic  system  which  we  wore  using ;  and  we 
proposed  not  only  to  utilize  those,  but  to  get  from 
the  other  side  whatever  there  was  good  at  that 
.  time,  and  consolidate  it. 


,0O  W-n  ,r,"Ti"«f0"  «»d  associates.  d°  'V°" 
ill  you  name  them  ? 

0#®E5S5S»s 

°  /'y  i  '  i 

4  Yes  si"  f  H,0Sl!  "«fi"Hations  ? 

ter^of  1*874!  ‘ntwapted  sort  of  11  way  until  the  win- 
silP‘  ,ll!"  ,V,IS  1,1  the  summer  of  1874?  A.  Yes, 

18ra-41?mA;nY^fS."'i"te,'0f  instwlrt(,f 

Q.  And  then  did  that  end  in  a  successful  sale  nr 
l,,!  or  the  other  Miing  f  ic  i  voi 

have  iqioken  of-I  will  say  in  a  sale  of  timm  wlti, 
°,,r  lf  «  success  fit  I  sale  i 

5:K™;rr:i“z:rr" . . 

•VO"  sl,,‘i,k  (>f  with  Mr. 
uoiild  «.,s  an  arrangement  between  yonreelf  and 
others  representing  tlie  automatic  interest,  so  to  call 
S  f  <*>»“  -I’-onting  the  Atlantic  mu 
iaci/ic  interest,  was  it,  not?  A.  Partiallv 
Q.  Did  you  represent  anything  except' the  auto-b 

nintic  interest- 1  used  that  as  a  general  term  tot- 
dicute  the  interests  of  yourself  and  associates  >  ■ 

A.  We  represented  tlie  relationship  that  fhave 

8lK|keno1’— H>«  negotiation  that  had  lieen 
tamed  on  with  other  parties. 

Q.  It  would  not  be  improper  to  call  them  for  tlie 


A.  If  you  include  it  ns  sin  enuimj  . 

Q.  And  Mr.  Gould  represented  the  Atlantic  and 
Pacific  interest  in  tlie  sumo  way  ?  A.  Yes,  sir. 

Q  The  negotiations  were  pn.ctic.dly  between  yon 
and  the  Atlantic  and  Pacific  Telegraph  Company 
through  Mr.  Gould? 

1 060  A.  Am  I  bound  to  go  into  these  relations  f 
The  Court.— Yes,  sir. 

The  Witness— He  was  the  controlling  spirit  of 
the  Atlantic  and  Pacific  Telegraph  Company. 

Q.  He  was  a  director  1 
A.  T  think  not  at  that  time. 

Q.  What  do  you  mean  then  by  saying  lie  was  tlie 
controlling  spirit? 

A.  Just  what  those  words  convey. 

1651  The  Court.— Yon  understood  him  to  lie  acting 
in  that  way  at  that  time?  A.  Yes  sir. 

Q.  As  their  agent  f  , 

A.  I  don’t  know  in  what  capacity  lie  placed  him¬ 
self.  I  treated  with  him  as  it  lie  was  acting  practi¬ 
cally  for  the  Atlantic  and  Pacific  Company. 

Q.  He  represented  tlie  company? 

A.  He  assumed  to  represent  them. 


A.  I  knew  he  was  a  stock-owner. 

Q  How,  the  arrangement  which  you  made  or 
1552  negotiated  with  Mr.  Gould  did  proceed  until  it  fin¬ 
ally  culminated  in  arrangements  with  the  A.  &  P.,} 
did  it  not?  .  ,  ... 

A.  They  culminated,  for  practical  purposes,  with 
Mr.  Gould.  . 

Q  Ail  that  Mr.  Gould  got  from  you  by  any  way 
of  conveyance  lie  finally  conveyed  to  the  the  A.  & 
P.  company  ?  A.  I  believe  so. 

Q,  That  is  what  they  tire  now  suing  upon-you 
understand  the  nature  and  diameter  of  this  action  I 


Gould  acting  for  rtn>  a  w  n  r\  ^  ( 

«uede;!pn„M;<!A 

P^oucoma-ct.dwitliti'.A.Al  . . 

X.  Kdlsmu  l,,hU,in  »"  JJ~nnd 

.  A-  Ccneinlly,  I  should  say  yes. 
tieninH?"?.  •VO".  k!10"' !ls  11 11,11  tf«''  of  fact  that  par- 
vn  X  '"ntter  "1,s  bet, men 

you  and  Mr,  Gould  i 

A  I  never  treated  Mr.  Prescott  in  that  connection 
as  of  importance  ;  and  therefore  I  always  spoke  or 
i  t  in  connection  with  tlie  Western  Union  Telegraph 
Company  ;  in  that  connection  there  was  converse 
tion.  ‘  ] 

_  Q.  Now  to  your  knowledge  did  not  Mr.  Gould 
knou  or  the  details  or  the  arrangement  between 
Edison  and  the  Western  Union  Company,  or  Edi¬ 
son  and  Prescott,  as  lias  been  stated  by  Mr.  Edi¬ 
son?  A.  Prom  me? 

Q.  Did  lie  know  from  an  v  source  ? 

A.  I  don’t,  know. 

Q.  You  don’t  know  whether  he  did  know  ? 

A.  I  don’t  know  whether  he  knew  it  from  anv 
other  source. 

Q.  Did  you  inform  him  ? 

A.  1  informed  generally ;  yes,  sir.  j,: 

.  Q.  You  informed  him  that  Edison  hail  been  en¬ 
gaged  in  Px-pcriuiunting  upon  and  attempting  to 
perfect . sevem  1  inventions  in  duplex  and  quadru¬ 
ple*  telegraphy  ?  A.  Decidedly  not. 

Q.  You  didn’t  tell  him  that  ?  A.  No,  sir. 

Q-  What  did  you  talk  about  when  you  say  that 
lie  knew  something  < 

A.  Having  discussed  the  matterof  the  automatic 
generally,  I  told  him  that  of  course  Mr.  Hairing- 


sssaair 

plex,  was  baseless. 

The  ftmrt!.-Did  you  tell  liim  what  that  claim 
was  1  A.  We  discussed  the  matter  generally . 

The  Court. — Hid  lie  not  inquire  wlmt  the  chum 
was  1  A.  He  probably  did  ;  yes,  sir. 

i  rs*  ^ 

and  I  explained  that  the  Western  Union  dammcl^o 
have  relationship  or  contract  with  Mi.Ld  son  i  J 
which  they  should  secure  the  quadruplexm  on  ton, 

O  Did  you  know  of  the  payment  on  the  10th  of 
uSember!  or  thereabouts,  of  §5,000  to  Mr.  Edison  . 

1  Q.  mem  did  you  first  learn  of  that? 

A.  The  latter  part  of  December,  probably  aftu 

Christmas,  some  time,  I  think.  P  i  i, 

Q.  How,  arter  that  time  did  you  meetMi.  Gould?. 

\  It  w-is  after  that  time  that  I  met,  Mr.  Gould. 
Q;  Therefore,  at  the  time  you  had  the  conven¬ 
tion  you  have  just  repeated  yon  also  knew  of  the 
payment  of  §5,000  to  Mr.  Edison,  by  the  Western 
Union  Company  ? 

A.  No  sir ;  not  at  the  Inst  meeting. 

0  AVell,  n’t  any  subsequent  meeting,  when  you, 
were  discussing  tile  claims  of  the  Western  U. non 
,B8 Company  and  its  relations  to  Mr.  Edison,  had  you 
that  knowledge  ? 

A.  Iliad  heard  the  statement.  , 

Q  Did  you  communicate  that  statement  to  Mi. 
Gould,  or  did  he,  to  your  knowledge  know  of  it .  _ 
A.  I  think  Mr.  Gould  told  me  that  lie  had  heard 

lt-Q  Had  beard  that  the  Western  Union  Telegraph 
Company  had  paid  §5,0110  to  Mr.  Edison  i 


VI.  Now,  can  you  lie  particular  as  to  the  time 
when  this  conversation  took  placet 

A.  With  Mr.  Gould  ? 

Q.  Yes,  sir? 

A.  My  first  interview  I  think,  was  on  the  27th  of 
December ;  my  next  interview,  I  think,  was  on  the 
HOth. 

Q.  And  it  was  at  one  of  those  dates  that  1m  seem¬ 
ed  to  know,  or  you  told  him,  of  this  payment  of 
§5.000 ? 

A.  I  think  it  was  at.  the  second  interview  that  1m 
seemed  to  know  ;  I  did  not  tell  him, 

Q.  Do  you  know  when  the  agreement  purporting 
to  be  signed  .Ian.  1st,  by  George  Harrington,  was  in 
fact  signed  ?  A.  No,  sir, 

Q.  Do  you  know  when,  in  fact,  it  was  signed  ? 

A.  No,  sir. 

Q.  Do  you  not  know  it  was  signed  as  early  as  the 
lirst  of  .binuary  ?  A.  No,  sir. 

Q.  Who  procured  it  to  be  signed,  or  took  the 
paper  to  Mr.  Harrington  i  A.  I  don’t  know. 

Q.  You  didn’t  do  it  ?  A.  No,  sir. 

Q.  Wlio  negotiated  between  Mr.  Harrington  and 
Hr.  Gould  ? 

A.  1  negotiated  between  the  Automatic  interests 
ind  Mr.  Gould. 

Q.  What  paper  was  finally  executed  as  between 
the  automatic  interest  and  Mr.  Gould,  to  consum¬ 
mate  those  negotiations  ! 

A.  The  paper  signed  by  Mr.  Gould,  by  .John 
McManus,  and  myself. 

Q.  .Wlmt.  was  the  date  of  that?  . 

A.  Dececember  80tll,  1874. 

Q1.  Have  you  that  paper  ? 

A.  1  think  T  have  it  in  my  safe. 

Q.  Tlie  paper  then  signed  by  Harrington,  which 
has  been  in  evidence,  you  don’t  understand  as 
being  in  consummation  of  the  negotiations  between 
yourself  and  Mr.  Gould  ?  A.  Yes,  sir. 

Q.  You  do?  A.  Yes,  sir. 


470  • 


471 


Q.  Bid  you  complete  nil  those  negotiations  en¬ 
tirely  on  the  80th  of  December? 

A.  No,  sir ;  we  arranged  the  programme. 

Q.  Now,  when  did  you  complete  the  arrangement 
of  the  programme,  if  ever? 

A.  Well,  there  were  portions  of  it  from  time  to 
If  62. time.  ’ 

Q.  Running  through  what  period  of  time  ? 

A.  I  think  the  final  deeds  prepared  by  Mr.  Har¬ 
rington, intended  to  complete  the  arrangement, were 
dated  on  the  Otli  of  April. 

Q.  iS7i>?  A.  I  think  so. 

Q.  Those  deeds  were  to  convey  those  interests 
which  yon  negotiated  with  Mr.  Gould  to  pnrclinse ; 


'  „  Mr.  ’Wheeler. — You  say  the  last  was  the  80th  of 
16GS  April? 

A.  No,  sir  ;  I  think  it  was  the  Otli ;  it  was  in 
April. 

Q.  Did  these  negotiations  involve  a  proposition 
by  Mr.  Gould,  for  the  A.  &  P.  and  by  yourself 
for  the  automatic,  to  sell  all  the  plant  and  patents 
and  other  tilings  belonging  to  the  automatic  inter- 


A.  Mr.  Gould  assumed  to  represent  the  A.  &  P. 


and  I  assumed  to  represent  the  automatic ;  and 
the  intention  was  to  include  everything  which  Mr. 
Harrington  and  his  associates  either  owned  or  con- 
1564  trolled.  ' 

Q.  Now,  did  you  not  make  special  deeds,  con¬ 
veying  the  automatic  interests  or  automatic  patents 

A.  There  was  such  special  deed  made. 

Q.  Was  there  not  a  special  deed  made,  signed 
by  Harrington,  excluding  the  automatic  interest 
and  patents?  '  ■* 

A.  Only  in  connection  with  the  other  deed. 


Q.  Not  in  connection— was  there'  not  such  a 
deed  ?  A.  Yes,  sir. 

Q.  Expressly  excluding  ? 

A.  No,  sir  ;  not  expressly  excluding, .but  not  in¬ 
cluding. 

Q.  Was  there  not  an  agreement  signed  by  Mr. 
Harrington,  conveying  certain  things  to  Mr.  Gould,  1366 
or  to  the  A.  &  P„  which  expressly  stated  that  this 
agreement  was  not  to  cover  the  Little  patents  or 
other  patents  relating  to  automatic  telegraphy  ? 

A.  I  think  it  expresses  a  different  idea. 

Q.  L  will  read  from  tile  paper  of  January  1st, 

1870,  which  is  plaintiffs  Exhibit  C,  to  lie  found  on 
pngo07of  the  Omnibus  Hill:  “Provided,  never¬ 
theless,  that  it  is  distinctly  understood,  agreed, 
and  stipulated  Mint  this  disposition,  sale  and. 
assignment,  of  the  duplex  and  qitadrnpiex  tele¬ 
graph  ;  and  this  deed  and- conveyance  or  trans¬ 
fer  does  not  or  shall  not  be  construed  tO]-(p. 
include  any  inventions  heretofore  made  nor 
any  patents  heretofore  used,  issued  or  al¬ 
lowed,  nor  any  future  improvements  thereof,,  or 
’thereto  of  duplex  telegraphy  in  connection 
with  chemical  telegraphy  ;  but  that  suck  assign¬ 
ment  is  the  property  of  said  Kdison,  under  the  sole 
control  of  Mr.  Harrington,  the  same  asifthis  sale, 
assignment  and  deed  or  transfer  had  not  been  exe¬ 
cuted  !”  A.  Yes,  sir. 

Q.  Wlmt  did  the  A.  &  IV  Company  pay  you 
for  the  automatic  interests  when  they  finally  came 
to  take  them,  they  having  been  oxoluded  from,  this 
deed?  1^67 


Mr.  Lowrey.— It  is  material  to  show  whether  the 
A.  &  P.  is  a  holder  of  these  patents  for  value,  at 
all,  and  if  so  to  what  extent. 

-  Mr.  Wheeler. — All  this  is  new  matter  and  not  re- 
'  sponsive  to  anything  brought  out  on  the  direct  ox- 


HU  Court— I  will  exclude  it  for  tlio  present  in 
view  of  the  suggestion  of  counsel,  that  it.  is  not 
strictly  appropriate  ,.s  pert  of  the 
ot  this  witness,  hut  conies  in  on  the  othei  silo  i\s 
rebuttal;  when  the  plaintiff  shows  what  oonsidein- 
tion  they  have  paid  you  may  rebut  it  by  Rowing 
i  a  r  that  that  consideration  was  not.  adopted  with  refei- 
l8  '8encetotl  imti  il  i  inv  ntion  but  with  reference 
to  automatic. 

Q  The  nogotifcition  which  you  say  was  pending 
when  yon  liad  the  interview  with  Mr.  Orton,  you 
lrivo  said  was  with  reference  to  automatic  partially; 
but  it  was  with  reference  to  everything  else  ;  may 
I- ask  you  whether,  with  the  persons  with  whom 
you  then  negotiated  you  ever  made  any  inventory 
or  statement  of  all  the  things  which  yon  then  in-  ■ 
tended  to  convey  to  them  ?  i 

A.  Those  interviews  were  almost  entirely  com¬ 
mitted  to  Mr.  Harrington  ;  I  don’t,  know  liow- lie 
15G9  discussed  the  matter  with  them;  probably  no  for¬ 
mal  inventory  was  ever  made. 

Q.  When  Mr.  Orton  came  to  see  you,  did  you 
understand  that  he  came  to  ask  questions  m  re¬ 
spect  to  the  manner  in  which  the  patents  and  other 
tilings  affecting  automatic  telegraphy  particularly : 
were  held? 

A.  I  had  no  impression  until  after  the  interview. 

Q.  Did  he  ask  you  how  those  things  were  held  ? 
V  He  asked  me  in-  the  general  maimer  that  I 
have  heretofore  stated;  he  wanted  to  know  liow 
the  interests  which  Harrington  was  connected  with 
were  held,  and  what  the  relations  of  the  various 
parties  were.  .  . 

q.  And  you  gave  him  that  information  i 
A.  I  tried  to. 

Q.  And  that  information,  I  take  it,  was  that- Mr. 
Harrington,  yourself  and  others  were  associates  in 
•i  company  known  as  the  Automatic  Telegraph 

Company  ?  •  .  . 

A.  No,  sir;  I  made  a-very  broad  distinction. 


Q.  That  was  a  fact,  was  it  no 
associated? 

A.  In  one  sense,  yes,  sir. 

Q.  Did  you  tell  him  that? 


A.  I  told  him  what  the  Automatic  Telegraph 
Company  was ;  and  I  told  him  .Harrington  and 
associates  were.  A  1£ 

Q.  \ oil  told  him  that  the  Automatic  Telegraph 
Company  was  a  company  organized  under  the  laws 
of  this  slate,  did  you  not ' 

A.  Probably  ;  I  don’t  know. 


Q.  Was  Mr.  Harrington  in  town  the  27th  or  the  , 
30th  of  December,  1874,  and  did  he  assist  in  the  ne¬ 
gotiations  with  Mr.  Gould  ? 

A.  At  these  two  interviews  I  have  specified,  no,  ?672 

Q.  Do  you  know  where  ho  was  at  that  time  ?  . 

A.  He  was  sick  in  Baltimore. 

Q.  Do  you  happen  to  remember  tils  day  of  the 
week  upon  which  the  30th  of  December  came  on 
that  year?  A.  No,  sir. 

Q.  Did  you  negotiate  with  Mr.  Gould,  or  confer 
with  him,  upon  the  particulars  of  the  conveyance 
to  be  made,  on  either  of  those  dates  i 

A.  We  arranged  the  programme  as  specified  in 
paper,  which  is  already  in  evidence. 

Q.  Tliere.is  no  paper  in  evidence  in  regard  to  it  ? 

A.  I  beg  your  pardon,  it.  is  stated  in-tlie  omnibus 
suit. 

Q.  It  is  not  stated,  it  was  spoken  of  ?• 

A.  Wo  arranged  the  programme  that,  day,  and 
'  the  details  were  not  to  be  carried  out  until  we 
could  confer  further  with  Mr.  Harrington. 

Q.  That  was  December  30th  ?  A.  Yes. 


474- 


ness,  wliicli  was  a  part  of  tlie  negotia¬ 
tions  anil  to  which  he  has  once  or  twice 
referred,  which  is  signed  by  Mr.  Gould, 
whom  he  says  represented  the  A.  &  P. 
Telegraph  Co.  in  this  negotiation  and 
himself. 

1574  Mr.  Wheeler  objects  to  the  reading  of 

the  paper;  objection  sustained  paper  ' 
excluded. 

Q  You  say  you  were  to  see  Mr.  Harrington  in 
respect  to  the  details  of  the  conveyance  to  be  made, 
ns  I  understood  you  ? 

A.  I  suggested  a  preference  to  do'  that. 

Q.  Was  it  not  a  part  of  the  arrangement  1 

A.  It  was  no  part  of  the  arrangement ;  it-  was  a 
suggestion  I  made  for  my  own  pleasure. 

Q.  Did  you  communicate  immediately  after  that 
1675  day,  with  Mr.  Harrington,  fnlly  the  result  of  all 
your  negotiations  ?  A.  No,  sir. 

Q.  When-  did  you  communicate  toliim  the  result 
of  those  negotiations  ? 

A.  I  may  possibly  have  sent  him  a  memorandum 
containing  a  portion  of  the  result  that  evening,  I 
am  not  sure  whether  I  did  that  or  whether  I  ex¬ 
pected  to  meet  him  in  Philadelphia  the  next  morn- 


r  to  Philadelphia  to  meet  l.im 
er  to  Philadelphia  for  that  par¬ 


ing,  and  I  went  ov 
lor  that  purpose. 
Q.  Did  you  go  o 


Q.  Did  you  go  to  Philadelphia  to  meet  him  ? 

A.  Yes. 

Q.  Soon  after  this  ?  A.  About  that  time. 

Q.  You  then  communicated  to  him  the  whole  of 
the  resit,  t  of  your  negotiations  ?  ■ 

A.  No,  sir;  because  I  think  I  had  previously 
communicated  to  him. 

Q.  Was  it  the  next  day  ? 


Q  Ym.1rm!!!n,„Vr°  xrUi,"?1'0?  A'  Not  then. 

rin-tml”0 T '?f  WlT'  ffla.jro"  h!£ 

7?  !1  •  , A-  A  ‘l«ys  after  that. 

<H<?hf  e  ™nrington,  1677 

"fyoiii  neg  lull  is? 

. 

Q.  Didn’t  you  at  that  time  learn  to  your  satisfae 
■  Z  Unrrington  had  m,t  exeZd 

A  Pre  T"'""a.t)n"  a!yoW  "ogotiations  ? 

A.  lrohably  the  subject  was  not  discussed  at  all. 

rH,p’’?/nt  ll"k!  IO"‘VH"  ,,sk  Mm,  and  he 

didn  t  tell  you  whether  he  had  executed  \  _  e 

ment  in  consummation  of  your  negotiations  ? 
v  | 1  |  0,1  1  reln,!ln,H,r  that  such  a  conversation  10,8 

Q.  AVlien  this  agreement  was  delivered,  in  Jan- 
uaiy.to  Mr.  Gould  or  the  A.  &  P.  Co.,  who  deliver- 

A.  I  don’t  know. 

Q.  It  was  not  delivered  by  you?  A,  No,  sir 
Q.  Was  there  any  one  else  here  in’  New  York 
representing  Mr.  Harrington,  to  whom  it  would 
probably  have  been  sent  to  be  delivered » 

A.  I  think  not. 

Q.  I  ask  you  to  state  whether  you  have  not  good 
reason  to  know  that  the  paper  was  not  executed  If  to 
tlie  <Iay  \t  boars  date. 

(Objected  as  immaterial ;  excluded.) 

Q.  Mr.  Harrington  at  that. time,  .lanuary  1st, 
was  sick  in  Baltimore,  was  he  not? 

A.  I  don’t  know  ?  I  stated  that  lie  was  at  about 
that  time,  but  I  cannot  tell  wlmt  day  he  left  there ; 

I  slated  he  was  there  on  the  80th  of  December. 


Q.  Mr.  Harrington  wrote  a  letter  saying  that  it 
would  hurt  you  §100,000  if  Mr.  Edison  should  carry 
out  the  arrangement  with  the  A  &  P  ;  did  you 
know  about  that  time,  that  Mr.  Harrington  was  ex¬ 
pressing  that  opinion  or  any  similar  opinion  ? 

A.  Mr.  Harrington  told  me  the  next  day  that  he 
1 580 hud  communicated  with  Mr.  Edison  ;  I  don’t  think 
I  saw  at  that  time  a  copy  ot  the  communication. 

Q.  Was  not  the  thing  which  alarmed  you  and 
Mr.  Harrington,  and  caused  him  to  write  the 
letter  of  July  0th,  the  danger  that  Mr.  Edison  was 
about  to  sell  his  automatic  patents  and  interests 
to  the  Western  Union  Telegraph  Co  1  A.  Ho,  sir. 

Q.  That  was  not  it  ?  A.  No,  sir. 

Q.  You  never  heard  of  it  before  ?  No.  sir. 

Q.  You  never  talked  about  his  selling  outliis  in¬ 
terest  ?  A.  No,  sir. 

Q.  And  never  heard  of  his  pawning  it  or  pledg- 
l581ingiti  A.  No. 

Q.  You  never  heard  of  that  at  all  ?  A.  No,  sir. 

Q.  Do  you  know  Mr.  Ashley,  the  editor  of  the 
Telegrapher  ?  A.  Slightly. 

Q.  I  wish  to  ask  you  if  you  met  Mr.  Ashley  at 
any  time  during  the  Summer  of  1874  or  thereabouts, 
and  had  a  conversation  with  him  in  respect  to  wlmt 
Edison  was  doing  in  the  duplex  and  quadruplex  or 
other  invention  for  the  Western  Union  Co.  A.  I 
don’t  remember  such  an  interview. 

Q.  Did  you  not,  at  such  interview,  say  to  Mr. 
Ashley  in  substance,  “It  is  all  right.  Let  the  West- 
-  ern  Union  go  on,  and  pay  for  the  experiments:  when 

(A  1 SS2  they  get  #one,  the  things  will  all  belong  to  the  Au¬ 
tomatic  Compnny  ?”  A.  I  remember  no  such  con¬ 
versation. 

Q.  Are  yon  willing  to  say  that  you  had  no  such 
conversation,  and  made  no  such  remark  ? 

A.  I  have  no  recollection  .of  any  such  interview. 

'  Q.  In  the  city  of  New  York, >and  sometime  dur¬ 
ing  Hie  summer  of  1874.  I  am  not  able  mom  nearly 
to  specify  the  date  ?  :  , 


J  ■  I  don’t  remember  any  such  conversation. 

Mt '  uil3’0"  w,ll*"g  to  «y  that  you  did  not  say  to 
;  1,1  substance,  wlmt  I  have  repented  ? 

had'wDh  Mr  a  ,)Tll0Ctn!lySU01'  'ntoiwiew  that  I 
,  ;  t If,,  ;, Ash,?y>  011  fc,mfc  s,|bject,  I  should  cer- 
rlmnh  Ihe substance  of  tlie  interview;  but  I 
Q  Am  "“8,,C  il,.ntervi*iW  with  Mr.  Ashley.  1583 
. . 

A.  lam  not  willing  to  say  that. 

W.  now,  the  moneys  which  you  paid  out  to  Mr 
Edison  and  for  Mr.  Edison’s  experiments,  were  for 

^r,A:iN?j;rA,,to,,mti<?c°mi,a,,y- S 

Q.  For  whose  account? 

A.  Mr.  Harrington  and  his  associates. 

A.  \es,  they  were  the  principal  ones 
Q.  Were  pet  those  associales  associated  under3884 
Herman  of  the  Automatic  Telegraph  Co.  ? 

Q.  They  were  not  ? 

n‘  ?«°1t  H1  connection  with  Mr.  Edison, 
y.  Did  the  same  associates  pay  the  expenses  of 
he  shops  at  Newark  which  Mr.  Edison  start,*!  ? 

A.  A  largo  portion  of  them  ;  yes  sir 
u?t  slmpT  di<1  y°n  bt,gi"  lmy  r’to‘  senses  of 
A.  J  continued  the  expenditures  after  Mr  Her 
ngton  commenced  ;  my  own  individual  expendi- 
ires  commenced,  I  think,  sometime  in  February,  1585 

Q.  Thlifwiis  after  you  had  becoine-interested  in 
hatever  there  was  in  the  Automatic  Teleginph  ? 

A;  After  I  had  become  interested  in  the  Auto 
utic  telegraph,  and  knew  of  Mr.  Harrington’s 
ntrnut  with  Mr.  Edison.'.  ° 

Q,  Now,  the  patents  which  were  afterwards  re¬ 
ived  or  issued  under  tin's  agreement  of  1870 
re  issued  to  Mr.  Harrington  and  to  Mr.  Edison’ 
re  they  not?  A.  Generally.  ’ 


Q.  Were  any  of  then.  issued  to  nn.nng.on  and 
nwiiiTitesI  A.  No,  sir. 

(j  Did  they  liimlly  eouio  to  Harrington  mu  as¬ 
sociates  1  A.  Yes,  sir. 

0  The  absolute  title  to  them  . 
v  Vo  sir-  notthe  absolute  title  or  legal  title. 

,  iitle,  as  I  understand  the  term,  ie.nah.ed 

^  '  1  n-ington  amlKdison  The  patents  worn  is¬ 
sued  to  Harrington  and  Edison,  and  so  tl.ej  re- 

"T  The  business  of  this  shop  was  envried  on.  as  I 
understand  von.  by*  Harrington  and  associates  ; 
wluit'  beea'me  of  the  proceeds  of  the  work  ...  that. 

Bl7  Thov  were  mainly  used  in  expert  .i.e.iln.  ion  in 
■inert  in'll  with  I  ho  A  ntoinatie. 'telegraph  line,  or 

S  lines  that  the  company  was  experimenting 

S7  T Tlo'sc  experiments  were  conducted  in  .eg..nl 
the  Automatic  orChemical  Telegraph,  were  ihej 

"‘q  Did  thov'iiot  entirely  occupy  fora  long  .hue 

ESairi . 

von  told  us  In  December,  18701 

’  a.  The  Automatic  Telegraph  Co.  was  foil.... tin 

December.  1870.  .  .......  ii  mil  ? 

Q  1.  was  formed  by  these  associates,  was  .1 
!  5S8  \  1 1  was  formed  by  a  portion  of  them. 

of  each  were  interested  in  each  enterprise  :  there 
were  two  distinct,  interests. 

Q.  Was  Edison  one  or  those  associates  t 

Q.'  S  'w  long  did  he  remain  at  the  shop  tl.e.-e  1 1 
A.  I  think  till  October  or  September,  1871. 

Q.  Then  lie  left,  did  he ! 


A.  Ho  spent,  his  time  mainly  then  at  his  other 
shop  ;  previously  he  had  spent  most;  of  his  time  at 
this  shop,  although  lie  was  running  between  the 
two. 

Q.  Hid  ho  ever,  after  that  time,  do  any  business 
or  work  than  in  tills  first  shop! 

A.  I  cannot  speak  confidently  as  to  that. 

Q.  Didn’t  that  shop  change  its  name,  and  was  it 
not  called  a  rter  Hint  the  automatic  telegraph  works  1 

A.  No,  sir. 

Q.  By  what  name  did  the  business  done  there 
continue  to  be  known  from  that  time  on? 

A.  It  was  known  sometimes  as  the  American 
Telegraph  Works,  sometimes  Edison’s  shop,  some¬ 
times  it  u-ns  Hnrringtou’s  shop,  sometimes  it  was 
the  Newark  shop. 

Q.  From  the  lime  that  Edison  left,  in  what  way 
were  tlie  accounts  kept ;  how  did  you  draw  checks  ? 

A.  Sometimes  they  have  been  drawn  to  the  order 
of  Mr.  Edison,  and  sometimes  the  payments  were 
made  in  currency,  and  sometimes  they  were  drawn 
lo  the  order,  1  think,  of  J.  T.  Murray,  who  was  an 
employee  there. 

Q.  I  don’t  mean  to  whose  order  they  were ’drawn 
I  suppose  of  course  they  were  drawn  to  the  order 
of  the  persons  to  whom  they  belonged,  but  I  wish 
to  know  who  signed  I  lie 'checks— in  whose  name 


A.  Mainly  my  iiamenl  first.  We  kept  an  account 
in  the  name  of  J.  C.  l?ei IT,  treasurer,  and  snbse 
q, lenity,  after  1  furnished  most  of  the  money  my¬ 
self,  I  gave  my  personal  cheek. 

Q.  You  ceased  to  he  treasurer  and  became  score 
luryf 

A.  T  ceased  lo  bo-treasurer  and  became  capitalist, 

Q.  W lieu  you  signed  as  treasurer  wlmt  was  tin 
significance  of  that  term,  was  it  not  treasurer  foi 
yourself  and  for  Harrington,  and  Ihdso  other  asso 
dates  ■(  A.  Yes,  sir ;  essentially  so. 

Q.  When  and  by  wlmt  arrangement  did  tliosi 
other  associates  become  partners  ill  that  Shop  ? 


A.  s„„» ...  ,i„,» 

<•  r! 

,’loyr"  s  Mr.Hurrington’s  twtli.nl  ■  into- 

8  '“LTconcenic'l  in  the  proportion  of  moneys  (.on- 

18W  »«1  «""!>  «f  ’ “  "f„,  „1  Ihoao  good.,. 

It  i*.V  •»«  departure  or  Mr.  E«  "u  " 

if!  whs  no  change  uver  made  in  the 

A-  N‘1’ „r!h..  contract  between  Itarringion 
papers  com  et  mnfe  .  emunt  was  allowed  to 

ami  Edison  ;  ' '  to  ^u.  '^,.,.^101,,  and  contri- 
lnn  on  in  ■  .  (0  „nd  tlironglt  me. 

bTwwth™u«to  belonging to  that  hrm  depos- 
ited  in  the  natne  of  Harrington  and  Edison  ? 

iB0»,toV,V  ,  P  '  r  , 

O  SVeVe  ihev  deposited  in  the  name  of  the 
<b\  A  c^'  ;^v’  * i„A of  the 

I  Automatic  Telegmph  Company? 

^^'Csitedinthc,, . . 

1{'f  Vrineipallv,  yes;  I  ask  permission  to 
tme  explanation  ;  after  .he  money  ™ 

l  (riven  to  the  parties  who  paid  H  "i  t  •» 
v"l„  ,.k  -fel  don’t  know  whether  they  kept  a  bank 
lo't 4  uronnt  there  or  whether  they  simply  drew  the 
'  "«»«•■¥  t  V!e  “ll^'rorlin? £ml  definition  of  the 

status  ofTliese  parties  in  that,  organization,  but  I 

during  the  fall  of  1871,  * 

not  been  received  in  that  linn  those  gcnlhim 
"ho, a  von  have  named,  and  whether  there  had  tm 
departed  from  that  business  Mr.  Mtson.  at  • 
,,y  his  going  away  and  not  coming  hack  1 


A  The  manner  in  which  you  put  that  question 
it  is  not  clear  to  my  mind. 

Q.  You  are  not  able  to  answer  it?  A.  No,  sir. 

Q.  -Then  I  will  try  again  ;  in  the  fall  of  1871  who 
were  interested  in  the  shop  there  and  the  business 
carried  on  there?  ’  .  _ 

A.  Various  gentlemen;  those  I  have  named.  lo9G 

Q.  There  were  three,  four,  or  five  persons  be¬ 
sides  .Mr.  Harrington  and  Mr.  Edison? 

A.  At  that  time,  yes. 

Q.  Ail  equally  interested  in  the  business;  f 
don’t  mean  having  equal  sliaris,  but  equally  in- 
.  terested  in  the  business  ? 

A.  All  interested  ;  yes,  sir. 

Q.  Now,  at  that  time  Mr.  Edison  had  gone  away, 
at  least  lie  had  ceased  his  daily  attendance  as  a 
participating  partner  in  the  business  of  the  con- 

A.  He  had  ceased  his  daily  attendance  at  that  j-gg 
place. 

Q.  AVas  the  business  of  this  linn  carried  on  at  any 
-other  place?  A.  Yes. 

Q.  It  was?  A.  Yes. 

Q.  Where?  A.  In  Edison’s  other  shop. 

Q.  That  is  to  say,  what  you  mean,  I  suppose,  is 
that  wherever  Mr.' Edison  went  the  linn  wont? 

A.  AVe  considered  that,  lie  was  a  member  or  the 
linn. 

Q.  You  considered  that  to  be  so?  A.  Yes. 

Q.  The  question  1  ask  you  is,  did  you  understand 
that  where  Mr.  Edison  went  the  firm  went  ? 

A.  AVe  never  considered  that  Mr.  Edison  was  If  97 
away. 

Q.  lie  was  away. from  the  shop ;  he  was  not 
there,  was  he  ? 

A.  In  one  sense  lie  was  away. 

Q.  Tn  the  sense  of  not  being  there  ? 

’  A.  Personally  and  corporally,  yes. 

Q.  Did  you  ever  object  to  Mr.  Edison  being  cor¬ 
poreally  absent,  al  though  spiritually  present,  ? 


hi 


Q.  Anil  it  was  Ins  corporeal  labor which  y, 
iiicfly  regarded  as  valuable?  A.  No,  sir. 

Q,  AA’liieh  other  labors  ?  A.  His  menial  labor.' 
Q.  You  il  id  n’t  regard  him  as  having  a  relation 

A.  Yes;  an  essential  relation. 

Q.  isn’t  this  clear  to  you  that  Mr.  Edison  we 
way  anil  lie  no  longer  took  a  part  in  the  busiae 
f  the  linn  at  that  shop  ? 

A.  I  don't  know,  sir,  about  that. 

Q.  Dili  he  ever  come  back  anil  work  there,  at 
lore? 

A.  T  have  already  said  I.  cannot,  answer  that  <1 
nitely  whether  he  came  back  to  that  partienli 
nip. 

Q.  Work  went  on,  didn’t  it?  A.  For  a  time. 
Q.  AYasn’t  he  the  principal  man  while  he  wi 

A.  In  the  sense  of  creating  inventions,  yes. 

Q-  Wasn’t  he  the  principal  man  and  really  tl 
rincipal  partner,  ]iraetically  ? 

A.  In  one  sense,  yes;  there  wasa superinleinlei 
r  the  shops. 

i).  Don’t  you  understand  that  Mr.  Edison  ••Inin 
lat  the  business  had  in  1871,  or  thereabouts.  Iiopi 
ssly  failed  of  its  purpose,  and  that  he  went  away 
A.  No,  sir:  .Mr.  Kdison  has  never  said  anythin 
’  that  kind  in  my  hearing. 

Q.  You  never  lieanl  him  make  a  remark  .ail 
antially  like  that  ! 

A.  I  can  t  answer  that  question  in  that  form. 

'i-  IJ  I  M  t  I  that  Mr.  Edison  admit 

iat  you  are  entitled  lo  the  result  of  his  time  an 
bur  during  the  period  he  was  employed— the  liv 
sirs  covered  by  that  period  of  lime? 

A.  I  understand  that  we  claim  il. 

•1.  Did  you  ever  consult  these  other  genlleme 


A.  They  allowed  me  to  run  the  business  gener¬ 
ally  ns  I  chose. 

Q.  AAHten  you  ran  it,  you  ran  it  for  your  and  for  i 1  : 
their  interests,  didn’t  you?  A.  Yes. 

Q.  Did  they  never  take  nny  part,  either  by  con- 
saltation  or  otherwise,  in  the  business  of  this  shop?  1  f 
A.  Except  Mr.  Harrington,  I  think  not.  ,1001 

Q.  Hut  when  you  represented  any  business  or  ■ 
proposition  in  the  council  of.  the  nifuirsof  that  con¬ 
cern,  you  regarded  yourself  as  representing  those 
absent  persons  as  well  as  yourself  ?  A  Yes. 

.Q.  How  many  patents  did  Mr.  Edison  take  out  „ 
during  that  period,  to  your  knowledge,  which  you 
in  any  way  claim  come  under  the  agreement  of 
1870? 

A.  All  except  those  issued  to  the  Gold  and 
Stock  Telegraph  Co. 

Q.  How  many  ;  are  you  able  to  give  any  estimate  ?  ; 

A.  He  was  very  prolilic. ;  I  cannot  remember.  ic/io 
Q.  Are  you  quite  sure  that  all  the  patents  Mr.  - 
Edison  took  out  in  that,  time,  except  those  that  you  t 
think  were,  issued  to  the  Gold  and  Stock  Telegraph 
Co.  come  to  Harrington  and  Edison  ? 

A.  I  said  I  thought  they  did  ;  I  said  that  gener¬ 
ally  they  were  issued  to  Harrington  and  Edison  ; 
there  may  have  been  one  or  two  issued  in  Mr.  Edi- 

Q.  AAras  there  ever  one  issued  to  Harrington  and 
Edison  which  did  not  have  special  relation  to  chem¬ 
ical  telegraphy  ?  A.  Oh,  yes,  sir ;  several. 

Q.  Can  you  name  them  ? 

A.  1  will  furnish  them  hero  to-morrow  morning.  iGOd  j 
Q.  You  are  not  able  to  state  them  at  this  mo¬ 
ment? 

A.  No,  sir;  lam  not  a  scientist. 

Q.  AA'hen  you  met  Mr.  Orton,  at  the  office  of  Mr. 

Harney,  you  understood  it  was  by  arrangement 
with  Mr.  Barney  ns  a  mutual  friend,  did  yon  not? 

A.  Yes. 

Q.  Mr.  Hiram  Barney  is  a  lawyer  of  this  city? 

A.  Yes. 


q  Didn’t,  you  nlso  understand  that  tins  object 
O.DtWj  0rux^l3  Mr  *  Orton’s  ‘inquiries  at  that  time,  was  to  olitii 
information  necessary  to  enable  him  to  know  wi 
U.odb/d'  Hi  whom  lie  should  deal-wlm  were  the  proper  pi 

IdiuluJ  f1"*"  sons  to  ileal  with  in  any  business  which  he  mi” 

'%J,&ov-Ca.r(Lf-  wish  to  do  with  them  1 
•  .  *  v  LGQ4  a  I  understood  so. 

'M  Q.  Ami  tor  that  purpose  he  asked  you,  did 
We/  L<Aj  U'WU  Il0t>  tjm  names  of  the  ihmsoiis,  tintl  the  clmmrl 
ItlkuAJ  J  talh%,o>I  their  interests ! 

„  ■*  J  '  No,  t  don’t  think  he  asked  me  their  names 

lie  asked  yon. who  Mr.  llnrring.on  was  ,, 
nutre,  -2  7^K«>^-,niited  with,  or  who  Mr.  Harrington  represented 
Vfi/tu/'W'*?.  A.  Probably  lie  did.  1  stated  Mint  Mr.  Orl 
njj  *£Uirui.(./j  wanted  general  iiiformation  about  (lie  whole  alia 
' liK^CifclLv  Q ■  "'lint  whole  affair! 

A.  As  to  who  owned  or  eonfolled  all  the  pale, 
j  and  inventions  in  connection  with  Mr.  Harringt. 
fffji  t,mt  h,!  «itlier  °"'ll,!a  or  represented. 


•w^W-^nted  with,  or  who  Mr.  llarringtoii  represented 
A.  Pmbably  lie  did.  1  stated  that  Mr.  Orl 
xJji  wanted  general  information  about  the  whole  affn 
[X'Hv  Q-  What  whole  affair  1 

a-(Jj  A.  As  to  who  owned  or  controlled  nil  the  pntei 
and  inventions  in  connection  with  Mr.  Ilnrringti 
t*i,r  that,  lie  either  owned  or  represented. 

[  •'(P  Q.  Ts  that  about  the  form  in  which  lie  put  i 
question  1  A.  1  couldn’t  say. 

T  q.  That,  was  about  the  .substance  or  the  pnrp 
of  his  inquiry? 

A.  1  remember  lie  simply  wanted  to  know  li 
this  thing  stood. 

Q.  In  your  answer  to  t  hat  wlmt  did  you  tell  hi 

A.  1  probably  stated  to  him - 

q.  |  don’t  want  your  conjecture  ;  I  want  to  kn 
what  you  said  to  him.  A.  I  stated  to  him  the  ri 
lions  between  the  Automatic  Telegraph  Co.,  and 
National  Telegraph  Co.,  ami  Mr.  Craig,  and 
lUOtt  Little  patents,  on  thu  one  hand,  and  the  relnti 
of  Sir.  llarringtoii  to  the  Automatic  Telegraph  ( 
and  then  on  the  other  hand  the  relation  of 
llarringtoii  to  Mr.  Edison. 

Q.  What  did  you  say  to  him  was  the  relatioi 
Mr.  llarringtoii  to  Mr.  lidison,  and  I  ask  you  1 
for  your  distinct  mul  positive  recoiled  ion,  niul 
conjecture  or  reasoning  whatever  1 
A.  1  stated  to  him  Mint  Mr.  Harrington  contro 
all  Mr.  Kdison’s  inventions. 


Q.  Was  that  all  1  Tlint  was  essentially  the  whole 

Q.  That  ho  controlled  all  of  Mr.  Edison’s  inven- 
ons? 

Q.  Did  you  go  into  any  particulars  or  details 
pon  the  subject ! 

A.  I  think  not,  except  to  discuss  the  superiority, 
rohahly,  of  Mr.  Edison’s  invonlions  over  Little’s. 


Q.  l)id’nt  you  think  that  at  that  time  that  Mr. 
irton  might  be  negotiating  Tor  the  purpose  of  se¬ 
aring  the  Automatic  Telegraphic  System  for  use 
l  the  Western  Union  Ollice  ? 

•V  I  nm  not  shrewd  enough  to  discover  what  Mr. 
irton  thought.  He  is  too  big  a  man  for  me  todi- 

"q.  Did  you  at  that  lime  say  to  Mr.  Orton  these 
ords  or  anything  in  substance  to  the  same  effect : 

1  Bcwaii',  or  take  notice,  don  tdeal  with  Mr.  fiat-  j,  0g 
on  Tor  ns  to  the  tilings  yon  are  dealing  with  him 
ii  regard  lo  we  arc  going  to  make  a  claim  tlmt  they 

A.  I  think  not.  ' 

Q.  Did  nothing  of  that  sort,  or  anything  like  it, 
ake  place? 

A.  That  I  recollect  didn’ t  take  place. 

Q.  Or  nothing  in  substance  like  Hint? 

A.  Oil,  yes. 

Q.  Did  you  give  Mr.  Orton  warning  ! 

A.  Yes,  sir. 

Q.  In  wlmt  words? 

A.  I  told  him  that  Mr.  Harrington  Held  the  title  lGO. 
:o  all  of  Mr.  Edison’s  inventions. 

Q.  Yon  said  before  controlled  them  ? 

A.  No,  sir:  I  beg  your  pardon  ;  I  made  a  dis¬ 
tinction  between  wlmt  lie  owned  or  controlled  in 
the  answer  which  I  made  when  I  used  the  word 
“controlled.” 

Q.  You  said  before  ho  controlled  them.  It  was 

said  on  that  occasion  that  lie  hold  the  title? 


the  title  to  inventions,  lie  had  the  control;  lie 
held  the  tittle, 

Q.  Wiml  did  you  stole  to  Mr.  Orton nt  that  time? 
A.  Tim!  Mr.  Harrington  held  the  title  to  Mr. 
Edison’s  inventions. 

Q.  Did  anything  occur  nt.  tlmt  interview  to  lend 
1  CIO  yon  to  suppose  tlmt  Mr.  Orton  might  he  endeavor¬ 
ing  to  secure  Mr.  Edison’s  patents  and  inventions 
U for  nutonmtie  trlcgmphy  ? 

a.  1  recoiled  tlmt  Mr.  Orton  made  the  very  dis- 
J*"*n'tinct  inipression  upon  my  mind,  that  the  main 


could  get  control,  or  how  he  could  get  control  of 
the  bruins  of  Mr.  Edison. 

Q.  •And  that  was  all  ? 

A.  That  was  my  distinct,  impression. 

Q.  Then  nothing  more  than  wlmt  you  have  stated 
occurred,  which  induced  von  to  believe  that  Mr. 

I  Orton  took  the  warning  which  you  have  staled  you 
gave  him  as  relating  to  other  things  than  the  inven¬ 
tions  of  Mr.  Edison  in  use  liy  the  Automatic  Tele¬ 
graph  Co.  i  - 

A.  1  meant  to  be  understood  ns  saying  that  Mr. 
Orton  gave  me  a  distinct  impression. 

Q.  1  object  to  tlmt;  tell  what  Mr.  Orton  said. 

A.  I  do  not  say  Ilia*  1  can  give  you  his  wools. 


tin?  subjed -mat ter  or  the  interview  which  you  have 
just  teslilicd  to  t 

A.  Onlv  in  substance  ;  t  have  suid  that  repeat¬ 
edly. 

Hi  1 2  Q.  That  Mr.  Harrington  claimed  to  control,  or  as 
you  said  in  another  answer,  to  hold  the  title  to  Mr. 
Edison’s  inventions  ?  A.  Yes. 

Q.  Was  anything  said  limiting  or  distinguishing 
those  inventions?  A.  No,  sir. 

Q.  Didn’t  the  conversation  relate  wholly  to  auto¬ 
matic  telegraphy  t  A.  No,  sir. 

f lly  thu  Court.]— T  understand  you,  that  you  un¬ 
derstood  Mr.  Orton  stated  that  he  wanted  to  secure 
the  brains  of  Mr.  Edison  ? 


A.  I  didn’t,  say  that  lie  said  that.  I  say  that 
was  the  distinct  impression  he  left  upon  my  mind. 

I  don’t  mean  to  say  that  Mr.  Orton  said  that  in  so 
many  words,  except  in  (ids  way,  tlmt  lie  said  that 
Mr.  Edison  was  a  very  ingenious  man,  and  prob¬ 
ably  added  other  adjectives,  but  that  lie  was  very 
erratic  oi  words  to  that  effect,  and  that  ho  desired  zeyj 

to  secure,  o.  would  like  to  have  Mr.  Edison’s  entire 
interests  with  the  Western  Union,  and  that  he  de-  Wo-rf 
sired  to  secure  his  services  and  place  him  under  the 
charge  of  Mr.  Prescott  who  would  take  care  of 
him.  . 

Q  [By  the  Court.]- And  lie  wished  to  know  I?  ^  A 
wliat  prior  claims  there  were  to  those  inventions  or  K*.d  cl* 
services!  ^  fo*  of&tA*  dLa.*** — 

A.  Ho  didn’ t  put  mo  that  question,  as  I  remem- 


Adjouraed  until  Monday  morning  at  11  a.m. 


W.  n  liar,  you  know  about  them  is  from  the charge 

in  Afi\  Goukl’s  accounts  of  the  purchase  hv  his  bro¬ 
ker?  A.  Yos,  sir. 

Q.  What,  wns  the  amount  of  Mini  ohaige? 

A.  §10,500. 

1  Q.  'I’lieso  three  items  you  Imve  given  me.  make 
more  Hum  §30,000.  Tell  me  on  what  two  items  M.e 
check  of  *10,(170  was  made  > 

"IIS  °n  am,,lnt  of  quadruplex,  and 
*'’r, '  011  •■mcounl  of  something  else. 

Q.  To  wliat  accounts  were  the  other  two  uav- 
meiits  of  §10,000  and  §10,000  made  i 
A.  They  were  charged  to  quadruplex  expense. 

Q.  Is  this  the  receipt  which  Mr.  Edison  «ave  • 
the  time  this  check  for  §10,070  was  given  1011°?  ’ 

Q-  ^  is  in  Mr.  Edison’s  hand  writing  ? 

Keceipt  reads  as  follows:  “No.  078  Fifth 
avenue  January  7th,  1S75.  Deceived  or  Jay 
Gould  §8,000  on  account  of  quadruplex  patent. 

THOMAS  A.  EDISON." 

Q.  Look  at.  the  check  which  1  now  show  you  da- 
when  ne,‘!th.0flJ“,,,larf’  1875’  and  state 

given:  Uk  "'''S  ,lr""'n’ ,,ml  fo  it  was 

(Check  mark  Exhibit  T») 

^0-  78.  New  York,  Jnn’y  14th,  1875. 

The  Tenth  National  Bank  or  the  City  of  New 
i-M-y  t0  thu  oldcl'  of  Geo.  Harrington,  Esq., 
hive  thousand  Dollars. 

*B>00a  JAY  GOULD. 


A.  Tt.  was  drawn  by  Mr.  Gould,  on  January  I4tli, 
75,  and  given  to  Mr.  Harrington,  the  same  day, 
my  presence. 

Q.  Was  that  check  paid  at.  the  bank  ! 

A  Yes,  sir. 

Q.  Is  that  Mr.  George  Harrington’s  endorsement 
i  (lie  back  i  A.  Yes,  sir. 

Q.  Do  you  know  on  wliat  account  that  payment 
is  made ! 

A.  It  was  made  on  account  or  this  quadruplox. 
Q.  Do  you  know  of  any  other  payments  being 
ado  by  Air.  Gould  to  AH.  Harrington,  at  about 
e  same  time  of  this  payment  of  §5,000,  and  if  so, 
what  form  were  they  made  ( 

A.  There  wns  another  payment  made. 

Q.  Wliat  form  was  it  in  ? 

A.  It,  was  made  in  bonds. 

Q.  To  wliat  amount  ?  §113,000. 

Q.  Do  you  know  how  soon  after  the  14th  of  Jan- 
iry  that  was  made ! 

A.  It.  was  made  I  think,  in  February  j  early  ill 
libruary. 

Q.  Do  you  remember  11113'  paper  being  delivered 
the  time  of  this  payment  of  §5,000,  by  AH.  Hnr- 
ngtou  ( 

A.  1  do  not  recollect  about  Mint. 
roms-exuminrtl  by  Mr.  Lowrey  : 


(tli,  was  on  account  of  quadruplex.  How  do  3-01 

A.  Because  they  were  tnlkingnhoiit  this  quadrii 
lex.  and  Air.  Gould  told  me  to  charge  it  to  quad 
iplex. 

Q.  In  wliat.  way  to  quadruplex  ? 

A.  I  did  not  understand  the  details. 

Q.  Vour  assumption  that  the.  payments  were  01 
[•count .of  quadruplex  wns  derived  from  the  fae 
nit  you  heard  a  conversation  about  quadruplex 
'hicli  you  cannot  remember ;  and  the  other  fac 


plnxt  A.  m 

Q.  And  the  second  piiyiiiunc nf $1  l».OU» — didyc 
slide  mi  wind  account  Unit  wiis  iiuidci 

Q.  Ho  yon  know  on  wind  nccminl  it  was  inadr 


llnrriuglnn  and  Mr.  Cionld  hi  in  iln>  pa\ 

inoiit-  In  Mr.  iriirringlon  and  others  of  HI. (100  slain 
nr  A I  lain  ii;  and  Pacific  stork  i 

A.  I  know  Him)  was  such  an  agreement,  lint  I  di 
not  sen  it. 

Q.  Was  not  this  payment  in  hands,  a  paymei 
in  settlement  (»r  that  contract  to  pay  Hl.tHKI  shall 
nt  telegraphic  stock  ; 

A.  I  think  it  was. 

Q.  Do  yon  know  wlmt  that  til, (inti  shares  of  tele 
graph  stock  were  to  have  been  for? 

8  A.  No,  sir: 


A.  Northern  (Jen t nil  Pacific  convertible  bonds, 
tj.  Were  they  not  Mr.  (build's  own  bonds  ( 

A.  They  were  his  own. 

^  Q-  You  said  they  wore  purchased  through  tin 
A.  Those  were  others. 

G2!)  Q-  The  bonds  paid  to  Mr.  Kdison,  wlmt  wer 
those '( 

A.  Union  Paeilh:  .Sinking  Knud  linnds. 

Q.  On  the  Mill  of  .laiinary,  when  Mr.  Ilarringtoi 
received  tin;  go,()(H>  check,  was  he  at  Mr.  Gould’ 
house,  or  place  ot  business  > 

A.  It  was  at  Mr.  Gould’s  house. 

Q.  Did  you,  from  the  conversation  you  heard 
judge  that  this  was  the  Hist  interview  of  these  gen 
tlemen  upon  the  subject  of  this  business’ 


Q.  When  they  began  to  speak  about  qmidruplex 
and  the  payment  or  money,  was  there  any  refer¬ 
ence  to  tiny  former  negotiation  or  agreement '! 

A.  None  Hint  T  remomher. 

Q.  So  far  then  as  you  could  judge  this  miglit 
have  been  the  lirsf  interviewiiiwlrie.il  the  subject 
was  taken  tip,  and  Hnnlly  eoucliided  by  the  pav- 
lucnt  id  Sa.iull) ; 

A.  1  could  judge  nothing  of  the  kind.'  ' 

Q.  You  say  you  saw  no  agreement  pnssed  on 
that  day  t 

A.  I  cannot  recollect  about  it. 

Q.  Wlmt  about,  is  the  situation  that  you  occupy 
in  tlic  room  wlieni  Mr.  Gould  does  ins  luisines  : 
Wlmt- were  your  opportunities  ot  seeing  all  that 
took  place  1 

A.  They  were  talking  near  me. 

Q.  Were  you  seated  at  u  desk  !  A.  Yes,  sir. 

Q.  Ktigaged  in  any  business? 

A.  Writing  up  my  books  and  attending  to  my 
business. 

Q.  Wind  would  you  say  if  asked  to  state  posi¬ 
tively  wlietiier  or  not  an  agreement  did  pass— 
wliel  her  some  papers  were  signed  and  delivered. 
Were  your  opportunities  such  that  you  must  lmvc 
seen  if  it  had  taken  placet 

A.  Not  exactly.  Sometimes  1  went  out  ot  the 
room,  mid  there  .might  have  some  papers  passed 
while  1  was  away. 

Q.  There  miglit  have  been  agreements  passed 
between  them  that  day  in  respect  to  the  payment 
or  *r>, <)<)(>,  or  which  you  wore  not  cognizant  ? 

A.  Yus,  sir. 

Q.  Where  is  Mr.  Gould  '!  A.  In  the  city. 

Q.  He  resides  here  and  is  here  nil  the  time  t 

A.  Yes,  sir. 


HK.YitY  van-  iiokvuxiiriioii,  called  by'thoplni 
tilf,  sworn  : 

Examined  by  Mr.  Wheeler : 

Q.  WImt  is  your  business  2  A.  Electrician. 

Q.  How  long  Ini vo  von  boon  such  '! 

A.  About  six  yours. 

Q.  Whom  f  A.  In  the  city  of  Now  York. 

Q.  WImt  wns  your  Inisinoss  before  yon  wore  n 
;leeiriCi<tn ;  A.  Telegraph  operator. 


Q.  Whom  t 

A.  At  lloosstasio  Kails,  Now  York:  nl  hn 
dnssachusells,  a  ml  in  Now  York  City. 

Q.  During  the  last  six  yours,  slate  if  yon  hav 
;ivon  lime  and  study  to  experiments  in  telegraph; 


W.  Male  wlial  acq a  I  a  nee  you  have  with  Mu 

Ian  id  transmitting  two  messages  in  one  direct ioi 
the  same  time,  that:  has  been  spoken  of  us  tin 
ossclm  and  Kmmor  method  1 
A.  f  have  studied  the  system,  and,  I  think, 
loronghly  understand  it. 

Q.  You  have  seen  and  examined  the  description 
that  method,  and  that  appliance,  which  are 
lown  on  pages  SKI,  Stl  and  8:12  of  Mr.  Prescott's 
>ok  '!  A.  Yes,  sir. 

Q.  Look  at  the  drawing  on  the  blackboard  and 
do  whether  or  not  that  correctly  represents  the 
rumor  method  ?  A.  Yes,  sir. 

Q.  This  drawing  represents  the  transmitting  end 
well  as  the  receiving  end,  does  it  not ! 


A.  It  does. 

Q.  The  transmitting  end  is  not  shown  in  Mr. 
Prescott’s  book,  page  Sill  '!  A.  No,  sir. 

Q.  Hut  the  instruments  that  are  shown  here  for 
the  purpose  or  tinnsmit  ting  are  those  used  in  the 
Kramer  method  !  A.  Yes,  sir. 

Q.  What  does  K  represent  in  that  drawing  (  lbiHl 

A.  K  represents  a  key— the  back  point  of  which 
cuts  out  a  battery. 

(j.  And  wlml  does  K1  represent! 

A.  K 1  represents  a  key,  the  back  contact  or  which 
cuts  out  a  larger  battery  than  shown  by  key  K. 

Q.  WImt  is  the  strength  of  the  current,  which  is 
transmitted  by  the  battery,  MB'  ! 

A.  The  strength  represents  the  negative  '. 

Q.  What  is  the  strength  of  the  current  represent¬ 
ed,  as  transmitted  to  the  battery  JIB-' ! 

A.  Positive  -  ! 

Q.  Then,  that  battery  transmits  a  current  of  dlf- 
ferent  polarity  from  the  other, and  of  twice  the  in¬ 
tensity  !  'A.  Yes.  sir. 

Q.  Now,  through  what  is  the  current  from  the 
battery  MB1  transmitted,  when  key  K  is  in  the  po¬ 
sition  shown  oil  the  drawing! 

A.  It  is  a  short  circuit  of  key  K,  and  goes  only 
over  a  short  local  circuit. 

Q.  Does  not  get  into  line  I  A.  No,  sir. 

Q.  There  is  a  like  current  transmitted  to  battery 
M  H-,  when  key  K  is  in  the  position  shown  in  the 
dinwing  '<  ... 

A.  The  current  goes  through  a  short  circuit  in 
key  K1,  and  not  through  the  line.  1038 

Q.  Wind  does  B‘,  represent  1 

A.  K1  represents  a  relay,  or  relay  magnet,  with  a 
•  niagnelized  armuture  upon  it,  kept  against  the'bnok 
coiltnct  by  a  retinctile  spring. 

Q.  llow  is  the  armuture  A1,  arranged  with  refer¬ 
ence  to  the  character  of  the  current  by  which  it 
would  be  attracted ! 

A.  It  is  arranged  to  respond  through  one  polarity. 

Q.  To  wlmt  curmut  ? 


<1  N  hilt  does  R»  represent  ? 
mnnner hIioivu  tim . . .  7  ** 


?■  ,s  J{3  s|>"»»  <»'  Hie  dm  wing ? 

A  A  relay  magnet,  or  relay  ,vir|, 

"o' 

<V».  I  llo  n  Him  I  lire  in  marked  \»  / 

A.  air, 

Q.  M.mv  is  this  armature  adjusted  with 

wi,w,  imh^*  d  1  r  »*<>  ..c  t 


kv«iki*r  Mian  positive' 


Q.  It  Would  be  lit  dueled  hy  .,  , 

onmy  hingsnonger  i  A.  Yes,  sir 

l  Jliese  tlireu  ruluys,  J{i,  j{s  ,lm| 

T’  vi.™11  ,,f 1  rV 

«,<  i«,'i "  «»> 


Q.  it  passes  along  llus  wire  Jj,  until  it  gets  to  it  ; 
does  it  do  llien  ; 

A.  It;  ]  lasses  through  the  magnet  R1,  and  attracts 
i  magnet i'/.ed  steel  nrnmluru  A1. 

Q.  Then  goes  on  to  IIs :  does  it  produce  any  of- 
■t  upon  It-'  1  A.  No,  sir. 

Q.  Why  not;  .  1( 

A.  Because  the  strength  of  the  battery  is  not 
iwurful  enough  lo  overcome  tile  retractile  spring. 

Q.  So  that  the  armature  remains  I  cl  I  by  this 
iriug  t  A.  Yes. 

Q.  Wlml  effect  does  that  produce  on  It3 11 
A.  None,  whatever. 

Q.  Why  not? 

A.  Because  the  polarity  of  tim  electro-magnet  is 
it,  or  the  right,  current  to  attract,  the  magnetized 
'mature  lever  AV 

Q.  Wlmt  is  B  '  shown  in  the  local  circuit  at  the 
ceiving  end  of  the  line?  1 

A.  B*  is  the  local  battery,  the  circuit  of  which 
ms  through  lever  A  *,  through  the  sounder, 
irougli  tim  back  contact  or  Relay  R"  to  the 
milder,  M1. 

Q.  And  then  back  to  B  1  ?  A.  Yes,  sir. 


Q.  Is  there  any  other  local  circuit  through  which 
le  current  Troiii  B*  can  How  ?  A.  There  is. 

Q.  Which  one  is  it  ? 

A.  It  is  through  t he  relay  lever,  A  3,  and  through 
m  upper  wire. 

Q.  And  then  down  through  A  1  ?  It 

A.  Yes,  and  back  again  to  tlie  battery. 

Q.  Now,  when  the  instruments  and  wire  at  the 
ical  circuits,  at  the  receiving  end  ate  in  thoposi- 
on  shown  on  this  drawing,  through  which  of  these 
vo  local  circuits  that  you  have  just  described,  will 
m  current  from  battery  B',  How ; 

A.  ft.  will  How  through  what.  T.  should  call  the 
at  oil’  circuit,  through  the  relay  lever  A3,  through 


Q.  I’ll  is  is  slimni  on  M)u  dm  wing  ns  „  longer ..: 
(•ml  Mian  Mm  oni!  through  Mm  sounder  AM.  N,)V 
Im  I;  is  Mm  mason  why  the  current  from  If.  who 
04b1  M  ''"I"  in  "l0  ••»»•  I  si 

on  Mm  d  hi  wing,  flows  through  Mm  i  t  ,| 
soumlor'jl  >J;,SI  "ml  “'""W'.  M, 

A.  Beenii.se  it  found  :i  shorter  patli  through  llu 

womi'i  !  '  Ml11  out  circuit.  Mum  j 

"ould  through  nmgiml  Mi. 

Q.  AVhy  do  you  sn.v  u  shorter  path  i 

losist-  Sss<i.t‘lr',i;';,l,y  ii,,loes  ,,ot  o,rurso  »»•«•• 
resistant  u  ns  it  does  through  inngiml  AM 

Q-  1 1,0,1  1  "  IM.  the  wire  or  helix  offers 

K'rnr . . 

Ml, .  Q-  •A,|,l  so  when  Mm  instrunmnt.  is  i„  that  nosi- 
Q.  Now.  come  I >;iek  to  the  other  mmstion  You 
ih  d  i  ,  m"  '*  'iKi.s.nilt.sl 

t.KMK:,:«::td1::r;11- . ^ 

. . . 

«;  s;;s:,'Z“  "”•"  « ■. 

«“«— < <* 

Q.  From  its  hack  slop  !  yus 
Q.  Thut,  breaks  the  circuit  t 
A-  It  does,  or  removes  Mm  out.  out 

ll>(i  -monitor  tlm  cutout? 

13  ?' nnlst  Smell"  "T?  tl,u  «»"*"»  tan  buttery 
foui’ider  M  .  a"  ^  ‘  11,0  **"*  "•'M0"  tad.  to  the 


Q.  When  the  current  readies  the  sounder  M 
luit.  effect  is  produced  on  it  ? 

A.  It.  gives  the  signal. 

Q.  As  1  understand  you,  that  signal  is  given  by 
m  change  in  tlm  elect  rival  condition  or  the  line 
ire  from  zero  to  a  negative  of  the  strength  1  ?  I 
A.  Yes. 

Q.  That  gives  the  llrst  signal !  A.  Yes. 

Q.  Now,  we  go  hack.  If,  while  the  instruments 
re  in  the  stale  shown  on  the  drawing,  this  key 
:  >  is  depressed,  wliat  effect  will  be  produced  upon 
lie  line  wire  i 

A,  A  short  cut  out  circuit  of  tlie  battery  M  B  - 
•ill  be  broken  and  the  current  of  the  strength  of 
lositivc  5  will  be  sent  over  the  line. 

Q.  And  go  through  the  line  until  it  reaches  the 
elny  !  A.  Yes. 

Q.  Will  it  produce  any  effect  upon  the  armature 
l  >  i  A.  No,  sir. 

Q.  Why  not? 

A.  Hecause  it  is  of  a  polarity,  that  will  not  effect 
lie  magnetized  sled  armature  relay  Inver  A.1. 

Q.  So  that  that  will  remain  just  as  it  is  J 

Q.  And  it  will  reach  tlm  relay  It'-',  what  effect 
vill  it  have  on  that ! 

A.  Draw  up  tlm  soft  iron  armature  A*. 

Q.  Whv  will  it  attract  that  ? 

A.  Because  it  is  si  long  enough  to  overcome  the 
•el  motile  spring. 

Q.  Then  it  will  read!  tlm  relay  It3,  what,  effect 
will  it  produe  on  A*  ? 

A.  It  will  draw  up  this  magnetized  steel  iirnm- 

"q:  Why  (  „  t  . 

•\  Because  <»r  tlm  right  polarity  to  effect  it. 

Q.  So  that,  it  will  attract  both  armatures  A3  ami 

Q  What  effect  upon  tlm  local  circuit  upon  which 
Mm  battery  B‘ is  placed  will  the  attraction  of  ar¬ 
mature  A »  have? 


IT  r . —  J 


,./N lint*  l.eiu-  j„  ......  v 

slieH  Ci1'"’";1’  !,W  °>,on,for  "«  K>  hash 

hure  ,.i«Ui.e.u|  /  **  wto't  effect 

iiTuil.  around  'ihe  ha'tiiy'jJ  jj';  tlmMmtTl 
”  ,  and  the  only  current  upon  i he'll, , 

tn^slhe  current  negative  I,  from  the  . . . 

insmitting  of  negative  'll  A  Yes 

1  ,i;„ 


1  reaches  llio  relay  R1.  What  effect  tines  tlmt 
id  nee  upon'  the  armature  A1  ! 

V.  The  armature  A 1  is  attracted  and  opens  a  cut 

I.  eirenit  around  the  magnet  M and  bn  I  lory  B1 
sos.it  or  leaves  it  in  the  condition  in  which  it 
s  before,  and  continues  the  signal  at  M'. 

And  that  ought  to  be  continued  because  the 
motor  at  K  is  still  pressing  the  key  !  A.  Yes. 

J.  Now,  tliis  negative  I  reaches  the  relay  R3. 
hat  effect,  if  any,  is  produced  upon  that  ! 

\.  None. 

3.  Before,  when  the  two  keys  were  depressed. 
>se  were  not  attracted  as  you  said,  been  use  of  tin 
ength  being  but  I.  Is  thu  reason  the  same  wlij 
the  present  condition  of  things,  that  the  anna 
re  is  not.  attracted  t 

A.  Yes.  .  .  ■ 

Q.  Then,  this  armature,  A  3  ,  remains  m  tin 
silion  in  which  it  is  shown  in  the  drawing  ! 

A.  Yes,  sir. 

Q.  Keeping  the  circuit  in  which  M  1  is  stil 
wed?  A.  Yes. 

Q.  When  the  negative  1  current  reaches  the  re 
,•  It  a.  what  elfect  is  produced  upon  that  ! 

A.  None. 

Q.  Before,  wlieu  the  positive  current  was  trails 
ittedon  the  line,  the  armature  A  3  was  attracted 
A.  Yes,  sir.  . 

Q.  When  the  negative  currents  reaches  it,  wlui 
comes  of  armat  ure  A  3  ! 

A.  The  armature  A  3  was  at  that  time  again* 
e  core.  The  sending  out  of  negative  1  on  the  eu 
lit  which  takes  the  place  of  positive  1,  allow 
at  armature.  A  *,  to  fall  against  its  back-stop. 

Q.  That  is,  it  is  drawn  back  by  the  relraeril 
•ring?  A.  Yes. 

Q.  The  relay  ceases  to  attract  it .  A.  les. 

Q.  What  elfect  does  the  drawing  back  of  arm* 
ire  A  3  produce  upon  the  local  circuit  in  wide 


Q.  So  flint  Hit*  increase  in  Mu*  strength  of  the 
•'ll non t,  mid  flit*  lino  whinli  you  have  just  described, 
fi-oni  1  lo  2,  caused  flit*  signal  which  this  .sounder 
wiiii  giving  fo  cense  ;  A.  Vos,  .sir. 

Q.  Tlmt-i.s  if  ?  A.  Yes,  sir. 

Q.  Now,  wlitin  no  runout,  is  holin'  transmitted 
ovor  rho  lino,  nml  ii  current,  tin*  strength  of  posi¬ 
tive  3  is  tmiisniitteri,  (loos  Mint  produce  miy  effect 
upon  this  sounder  M‘ '  A.  No,  sir. 

Q.  Hut  it.  does  you  snid  upon  .sounder  XIs? 


current  in  the  line'lVm, "  ""ensily  of 

negntive  c,  e  or  ‘T’ 

"in  I-  gener^ivpr,,,!;;,;;;  °r  ’•  7^  ^ 

ICG  I  from  zero  to  either  nositio „ '1‘ Jl1* 
-A-  If  chnnged  from  seiH^ 

liltice.  Now  "l,,,,!  ''  Mm  til* 


Q-  Thill,  tilso.  1  Hit,, 1,  .... 

><>5 signal  at XI?  Yes  X  0,1  snid  would  give  tin 

f'"">  Positive'"  [('"neguMve  o"  "l"  li,,u 
«"'«t*d  by  the  closing  of  kov  K is 
depressed,  what,  chinmJ «*'  ,  J  K’  ><«>’  K'. 

sounder  if.,  w|£h  ^ 'f  upon  the 

Hie  signal  t  hefoio  luid  been  giving 

H*o  sign’d  is'ililiskec!" * ’S0,ln,lerAr,:  is  '«lt*nse(l  mid 


A.  Yes  sir. 

Q.  Hut.  not  11  change  of  polnrity  ( 

A  No,  sir. 

Q.  Now,  when  tile  current  on  the  line  is  negative 


1, 1  think  you  snid  Mint  m 
sounder  XIs  :  A.  No.  sir 
Q.  Now,  when  there  is 
upon  the  line,  and  you  eh 
tiveS,  I  think  you  snid  Mu 


current  of  negativu  1, 
ige  Mint  current  to  posi- 
n  signal  would  be  given? 


Q.  Tlint  would  be  n  change  both  of  intensity  and 
polarity  t  A.  It  would. 

Q.  State  then  whether  or  not  it  would  lie  correct, 
to  say  that  lids  sounder  XIs,  is  always  operated  by 
a  reversal  of  the  current  on  the  line  wire? 

A.  No,  sir ;  it  would  not. 

Q.  State  whether  it  would  he  correct  to  say,  Mint 
XIs  is  always  operated  by  a  change  of  intensity 
of  Hie  current  on  the  line  wire?  A.  It  would  not. 

Q.  Sometimes,  I  think  you  stated,  it  was  operated  I 
by  change  of  intensity,  and  sometimes  by  change 
both  of  intensity  and  polarity  t  A.  Yes. 

Q.  State  whether  or  not,  then  it  can  lie  said  of  tin's 
Hosschn  &  Kriiaier  met  hod  shown  on  the  drawing 
Hint  of  the  operators  receiving  the  signal,  one  re- 
jcives  it  by  the  increase  and  decrease  of  the  current, 
ind  the  other  by  reversal  of  the  polarity  of  the 
jiirrront? 

A.  No.  sir:  it  cannot  be  said. 


Of  which  I  lull 
method,  ns  sliou 
A.  I  do  not  |u 


"  lio  .snid,  except  M|..  Kdisi 


|  Diiiwliif; rked  Kxhildi^S,  which 

copy  of  flit*  drawing  on  ||„.  black-lion 
put  III  evidence.  I 

Y,"|"  ii,VU  J,"SI  ,1,!S,‘l'il"‘<1  'Ill's  llossclm  &  K 
lo  |  Hr  .  ,:^,l"ine'1  i,s  "Pernlions.  SI, 

line  ions  I '  «  "  ’  d  ""-'  nru  ,ll<?  r"i«rt.-.iiioi.iiil  <1 
i  .w  i  T  ',,,S  ,ne"',,(1  ‘"“l  "»-•  n.uili 

00?" H  *  drawings  mid  .speci/lcntiuns,  in  c:< 

iS’  ,,u"  »'  "■«  ninth, 
seil,is  V  ‘'I'wi'ioi-  upon  one  of  thusid 

■  ‘-.mis  .iln.iy  s  l.y  the  reverse!  or  polnrilv. 

,ia‘",i,L,r  s«»ds  nhvnvs  i 

On  llX  I'  “ 'T'TT0'  t,K‘  n,m‘m 

in  lor  .sen. I  ■  ‘  '’l"  ,,IIJ  iMim  ier  mol  hod,  encli  op, 
of  (In.  ^  ,  "o  ""W!lsil,ff  I  In*  inlensii 

by  (.|n,  Z  ,i"  ,l!,"!"iHl,i"W  *'•  >""1  sometime 

*’  111111-111-  tin.  polnrilv.  The  two  n.nni.ers  „ 

snnd, ntt  i .remixed, vi, heneh  „,|IW. 

tin,.; In, .".'.n 'r1.11  '’0"lslill,‘  «'l"itlier  or  not  this  dis 
,  mm,  '  j"st  slnled  ns  ||,e  r,,n  I . 

Kd  ,  i  ‘  1  c  1  "  *-  K  method  it  ml 

n;  :  T  «“«  »».  ''on Id  nink, 

. 

. 

T  ,la  Il,u  ••“•ao"  of  Unit  difference ? 

liiiJ'wile  Uw  ,mre,,t  ***** »„ «.« 

sent  over  it  wlietii  ..  0  l0,'°''|l  the  chemical  signals 
oi'  a  change' in  intensity  &  “IV'"®1  of  1,,>lmit-v 
in  wise  00  in  *].«  *  *  P  8  1,s  ^,e  Method  shown 

. . “wSLfrr*  •y*°m  1 

not  know  of  any  method 


by  which  tint  cm  b.>  d  m ),  in  the  signals  nro  mixed 
together,  sometimes  being  sent  by  n  clungii  of  po¬ 
larity' mid  sometimes  by  a  change  in  tbu  intensity. 

Q.  From  tlie  same  operator  I  A.  From  the 
same  operator. 

Q.  Look  at  the  drawing  that  I  now  show  you, 
marked  exhibit  V.  Is  there  nnyiliiiig  in  common 
between  the  system  of  Kramer  tlnit.  you  have  de¬ 
scribed,  and  the  syst  "in  of  ease  03,  and  if  so,  what? 

A.  lean  sec  untiling  in  common  except  the  use 
of  the  b  it  lories,  magnets  and  line  wire. 

Q.  In  the  object  lo  be  attained,  wliat  is  (here  ill 
common?  A.  Both  attain  the  same  .object,  by  dif¬ 
ferent  means. 

Q.  What  is  ilmt?  A.  The  sending  or  two  mes- 
s.igcs  from  one  station,  at  the  same  time. 

Q.  And  in  tlie  same  direction  and  over  the  same 
wire  ?  A.  Yes,  sir. 

Q.  Nmv  slat-  wliat  in  your  judgment  are  the  _ 

mechanical  means  which  are  shown  in  case  1)9, 
which  me  essential  to  the  sending  of  two  distinct 
messages  in  the  same  direction  at  t  he  same  time; 


A.  First,  there  must  he  provided  two  batteries  of 
different  strengths  or  powers,  so  arranged  that  one 
or  both  or  them  may  bo  reversed  ;  there  must  be 
also,  some  menus  provided  of  increasing  nuddiltiin- 
isliing,  or  using  one  or  bol  li  iff  these  batteries  with¬ 
out  breaking  (lie  continuity  of  tlie  line  wire.  Also 
some  means  of  reversing  one  or  both  of  those  bat¬ 
teries  without.  I  miking  the  continuity  of  tlie  line 
of  wire.  At.  tlie  sending  end  there  must  be  some 
appliance  or  means  of  receiving  provided,  which 
shall  receive  tlie  signals  given  by  a  change  or  polar¬ 
ity,  without  being  affected  by  the  change  in  tlie 
power  or  intensity  of  the  current;  also  there  must 
'  be  other  mentis  provided  of  receiving  the  signals 
sent  by  a  change  in  , the.  strength  of  the  current, 
which  shall  not  bo  affected  by  the  changes  in  tlie 
polarity. 


;d, .  .  .  . 


'zrr ta-|r«  ■»««. 

,  m,,,uI;ntvo;K1::;t:;^i**-‘  *»  n..s  «<»«. 

the  invenlioii  which  is  deseril  1M.‘9,*\,,,S  lc,“.v).  mill 
A.  They  nw  1  '  m^,n  «"*  d..ln,  I 

wire.  ’  L  ,ul  '"  ,,w  by  the  line 

Q-  Is  there  any  other  connection  ; 


A  ',,r,,ur  col|nectioii  > 

q.  jfi  zt:z  tc,"*— »■ — *» 

](!7r  breaking  kev  would  0,|ier  eireuit. 

1(,,0in  Hie  sixth  claim  so  r  ,  |m,l,oso  «l'«<-iihed 
in  the  first  is  conrermwl .*  *  *°  ,m*eniion  deserilied 
ior  the  other?  '  \  yes  *  0,10  Cun^  substituted 

upper  ',,L‘ 

equivalent  is  given  for  it  *  h  I  an 

Mr.  Edison  etdleil  ,  i -  "mt,  I  think, 
vices— t lie  one  show,  iUe  .ta¬ 
wnier  nml  fli00Uierrtio^  i»n  toft  . . . 

drawing,  intended  for  tlio  sm  s'lru2on  Hie  same 
JOiTsuhslitine  for  the  other!  " ™£,,$?n-OB*  "s  a 

of  these  two  devices?”*  Hie  iiriucijile 

,2 

Hint  is,  to  overcome  or  brid™  “'’T is  ,ho  8,""°  ? 
vnl  in.  the  magnet  w  on  2m.«  •  *'  ^latghtluU* 


Q.  Are  those  devices,  as  compnrod  with  one  an¬ 
other,  substantially  tililco,  or  different  ? 

A.  I  should  call  t hem  substantially  different. 

Q.  Stale  whether  or  not,  in  your  ,  judgment,  the 
invention  described  in  the  first  claim,  and  the' 
principle  features  of  winch  you  have  already  de¬ 
scribed,  would  ho  affected  to  any  degree  by  the  1078 
substitution  of  one  of  these  devices  for  the  other? 

A.  No,  sir. 

Q.  State  whether,  in  your  judgment,  tlio  princi¬ 
ple  and  method  shown  in  the  first  claim  and  in  the 
drawing  would  be  carried  out  by  substantially  tile 
same  means,  whether  you  substituted  figure  2  for 
the  device  shown  ill  the  upper  left  hand  corner,  or 
not? 

A.  Tn  my  judgment  it  would. 

Q.  Yet  you  told  us  a  little  while  ago,  that  these 
two  devices  wore,  in  your  judgment,  substantially 
different.  Explain  to  the  Court,  the  reason  foe 
that  statement  that  you  have  just  made  ?  1  1  ‘ 

;  A.  I  can  d  )  that  best  by  employing  an  illustra¬ 
tion.  There  is  a  kind  of  telegraph  wire  known  as  a 
“compound  telegraph  wire,  ’  consisting  or  a  steel 
core,  with  a  tube  or  covering  of  copper  around  it. 
Ishouldcnll  that  substantially  different  from  No. 

0  iron  wire  which,  is  generally  used;  yet  in  trans¬ 
mitting  Morse  sign  ils,  or  in  reference  to  Hie  Morse 
inventions,  [should  call  it  substantially  the  same. 

Q.  That  is  to  say  it  would  not  affect  the  princi¬ 
ple  of  the  invention  i:i  case  IW,  whether  you  trans¬ 
mitted  the  signal  by  one  kind  of  wiro  or  another  ? 

A.  No.  sil.  1680 

Q.  Now,  suppose  there  were  seeded  to  the  first 
claim  the  words,  “by  substantially  llie  same  mentis 
ns  those  described;”  state  what  means,  in  your 
judgment,  would  be  referred  to  by  that  language  ? 

A.  Tn  my  judgment  the  means  that  I  have  before 
described  would  In  intend.):]  by  that  claim. 

Q.  That  is  the  means  which  you  say  were  essen¬ 
tial  to  carry  out  the  object  of  the  invention  ? 

A.  Yes,  sir. 


11  "ilS  diflhrwit  rmnf  I,!  I"  *! 

. 

01>jc*ctccl  to  as  a  question  of  law 
m  in,  nllli-„,.rV  '  ,!i  m,mw-  'I’fiis,  gent 

,nilI>  »«  1™,  ‘"jr"  ,!nv-v',r-  *»  >*  Ail!, 
aiSnurih'K^T"1 “  I.W. 

mplo  1  ,  ,  .  "  ■  '  ,:I.,;|"K  ">  III*  mean 

'*T ;» «^,,,i0"’ w,,ich  1 

lonld  not  (!onsiil0,“t  a0Sn!,J?,!t  °f  thd  hm''ition,  ] 
Q.  Now  lo  k  ..V  h  mibstaniinl  change. 

Iiieli  is  shown  on  that  d wV ’ 11  f*'  ' 1>roSGl  v  1  "fir  key, 

*•» mm*i,  *2Z%££r*;:*~ 


}.  That,  I  think,  is  one  of  the  thingsjtlie  patent. 
■  which  is  applied  for  and  claimed  ? 

A.  Yes,  sir. 

Cj.  Now,  if  it  becomes  an  object  in  the  trnnsmis- 
m  of  messages  over  the  line  wire  to  send  them' 
pidly,  what  change,  if  any,  would  you  make  in 
e  character  of  this  reversing  key  l>’ ! 

Mr.  Dickerson. — I  objuct;  I  do  not  think  this  is 
mpetenr.  Tf  we  are  going  to  have  this  young 
nilcman  invent  a  telegraph  for  the  purpose  of 
ding  some  argument  by  my  learned  friend,  T 
all  have  to  examine  the  young  gentleman  as  to 
s  inventions;  and  while  1  do  not  feel  much  intim- 
ii teil  in  the  prospect,  yet  life  is  short,  and  the 
sir  1877  is  ebbing  away,  and  1  object  to  follow 
is  out  loits  conclusions. 

Mr.  Wheeler. — I  do  not  propose  lo  show  any  in- 


T/ii:  Court. — What  is  the  general  subject  of  in- 
dry.  Is  it.  with  reference  lo  the  distinction  exist - 
g  between  II!)  and  Kramer  i 

Mr.  Wheeler. — No.  sir.  What  I  am  now  aiming 

do,  is  this:  We  claim . 1  I  want  to  show  by 

is  witness,  (because  I  can  show  it  by  him  in  a 
are  practical  way  than  heretofore  shown  t — I  want 
show  by  ibis  witness,  that  by  the  substitution  of 
jeha nival  equivalents  for  some  of  the  devices 
deli  are  shown  in  this  drawing, of  case  0!),  that 
so  Of)  and  the  invention  described  in  it  is  npplicn- 
e  to  automatic  telegraphy.  There  has  been  nn 
Tended  cross-examination  oil  the  subject  of  the 
(plication  of  that  case  just  as  it  stands,  with  all 
i  devices  just  as  they  are.  Now  I  think  I  have 
own  by  the  witness,  that  these  devices  are  not 
icessary  to  accomplish  the  object  which  is  shown 
id  described  in  the  application,  and  that  other 
, vices  might  be  substituted  for  them  which  would 


Mr.  lhekrrmn. — Tin*  mutter  in  controversy  1 
IS  n  certain  i  n  Veil  I  ion  which  we  will  cull 
Splicing  u  ,lMm  to  express  from  mm  direction! 
rerimn  invention  in  duplex  has  boon  made  , 
thegeiitlenmn  now  proposes  lo  show  tlml  Unit 
runl  ion  is  applies  bin  to  mil telegraphy  ;  j 

'  "‘-V  . . show  it  by  the  process  of' tali 

•H'l  one  piece  nnd  putting  in  some  other,  nml  ll 
l«iKin<e  out  it  seeoml  piece  nml  putting  in  so 
oilier,  nml  so  on  until  they  have  ton,  down  i 
original  house  ami  carried  the  bricks  into  thestr 
l,llf  "1*  n  S'-inilu  Imilding  in  its  place. 

The  OmiA-So  far  ns  I  he  witness  has  gone 
s.i.\s  the  ineelianiciil  device  is  not  essential  lot 
>9 principle  of  the  invention. 

Mr.  Bh-kenon.- The  testimony  we  have  h 
iipon  Unit,  turns  upon  the  question  that  the  pri 
oiple  supposed  to  have  been  invented  nr  patentn" 
is  tlm  use  of  the  reversal  current  nml  incrensi 
current.  They  have  produced  here  and  put  L,  e 

he  L!! 5  'h  ",V0,,ti0n.  of  Mr-  ®H«m  i»  whil 

lit  has  used  the  same  principle,  making  auto . . 

telegraphy,  and  they  think  it  wm.i.i  .  •, 


malic  telegraph,  by  taking  out  all  Hint  ennsri- 
fes  the  patentable  invention  in  case  0!)  and  sub- 
ituting  therefore  a  new  set  of  devices  which 
mid  constitute  a  patentable  invention.  Bat  now 
•  are  mining  to  another  view  of  the  case  :  lie  has 
Hither  view  -presented— that  yon  can  lack  on  1  u  JU 
Oil  at  its  two  ends— the  tfixji'cla  vitmihrn  of 
automatic  telegraph,  ami  that  will  work, 
ow,  wor’e  going  to  a  tided  aspect  of  the  case, 
id  now  this  gentlemen  is  going  to  invent  some- 
dng  else.  They  are  going  to  ask  him,  suppose 
i;  lakes  oat  id  case  0!)  the  relay,  and  pats  -  some- 
ting  else  in,  what  would  lie  the  general  result. 
fell.  I  have  no  objection  lo  it  on  my  own  account, 
seept  the  loss  id  lime.  1  do  begin  to  fee)  the  UmO*. 
rent  length  of  the  case,  and  would  wish  lo  save 


\  1  should  use  a  lighter  form  <>T  tlm  pole-chaager 
nd  also  provide  means  to  facilitate  the  action  of 
lie  lever  better  than  that  of  a  retractile  spring: 
,ereis  such  a  device  in  use  now.  and  has  been. 

Q.  How  long  lms  it  been  in  use  i 


>f  the  devices  shown  in  the  drawings  from  those 
vliteli  arc  shown  in  case  tin  ! 

A.  There  are  some  changes. 

Q.  Begin  and  describe  them,  taking  them  up  one 

"  a.  Commencing  at  tin  circuit  preserving  key,  1 
lind  that,  a  magnet  is  substituted  for  the  retractile 
spring;  also  that  perforated  paper  has  been  added 
com  bi  Hie  local  circuit  by  the  ordinary  circuit 


closing  key  ;  passing  t„  the  polo-oluingo  or  re, 
»ig  key,  I  Hurt  tlmt  the  same  change  Inis  been  n 
Hiero  both  ns  to  the  addition  of  the  extra  nnii 
in  place  of  the  relmelile  spring,  mill  also  pm 
Ihe  perforated  paper  in  sneh  a  way  that  it 

nseii  instead  of  . . rilmary  eireiiit  closing  k 

bO.I these  are  the  prineipal.  ami,  1  think,  the  „ 
changes  in  the  sending  inerhnnis.n  ;  on  (lie  li„ 
had  that  an  arrangement  of  the  el  li  ,  ,  , 

U  .eostat  '‘idled  the  overflow  dam,  has  1, 
mlded  ;.li,e  magnet;  key  has  had  a  shunt  appl 
:";o""d  it  ;  passing  to  the  receiving  end.  the  eh! 
1..1I  paper  of  tlu>  antoninlie  has  been  pm  in 

niae!*d  in"  "u  cbemieal  paper  has  l>, 

!'hani" r  o£l"!n 5  ,,re  1,11  1 

Q.  Slate  to  what  extent  the  pole  ehmme  or 
jO^  versmg  key,  whirl,  is  shown  on  that  dnnW, 
seiied  the  purpose  of  Hie  other  shown  in  ease  !)<) 

. *  ***-■*« 

Q.  Explain  why  il  arts  quicker { 

i,,:;,!.",'1";,'";1-:  ^f.'ir^ig  key.  si,,,,, 
UUt{  *«  marked  Ra  reti?tf(il<* 

S'Z  !::,.;:;v(' I,,! 

in.iH„ei  i,.  ||,e  net, on  „f  the  n,i 

"  . . . ",  «iti.  a, . . . . 

'■  ~k»  — «  « n, 

1GU5sledi  in  T-’  Sh'!,  1,Ul1  H,“  luvw  I ’imh.  SO  thilt  i 

M1.1II  make  snel,  a  eontaet.  1 

Q.  U  turns  on  a  pivot  1  A.  Yes. 

Q.  And  wJicii  oho  cirotiif  iu  (,i,,  «  . 

opened  immediately  (  A.  Yes  sir 
Q.  That  is  the  object  of  it?,  a  yUH  sir 

Q.  Ami  the  spring  does  that  1  A.  Yes  ' 

Q.  How  do  yon  do  that  in  this  drawing? 

•  1,1  tl,C  °t,,ur  H  is  palled  buck  by  tin 


loetro-mngnet  instead  of  the  ret, nettle  spring, 
hieb  acts  quieker  than  the  spring  would. 

Q.  That  is,  before  this  second  electro-magnet, 

■Inch  you  substituted  Tor  the  retractile  spring— 
efoii,  that,  pulls  the  key  back  upon  it,  the  key  is 
t traded  by  another  magnet,  ami  when  flic  other 
uignet  which  attracts  it  ceases  to  operate,  tins  10 JO 
nigiiet.  is  substituted  for  the  retractile  spring,  pulls 
back  quickly,  ami  closes  the  circuit  at  the  other 
ml!  A.  Yes,  sir;  or  reverses  it. 

Q.  As  1  understand  von  in  method  DO,  it  ...  es- 
ential  to  have  the  eonlimums  current  !  , 

A.  Yes,  sir ;  substantially. 

q.  'Po  have  one  almost,  continuous— practically 
ontiniums  !  A.  Yes,  sir.  • 

Q.  Although  theoretically  there  is  a  break  ! 

Q.’  And  that  device  you  have  now  described  pre- 
lerves  a  eontimiily  of  that  kind !  A.  Yes;  sir. 

Q  As  well  as  reverses  its  direction  ! 

A.  Yes,  sir. 

Q.  There  is,  as  T  think  you  said,  a  break  at  tlie 
Moment  of  reversal  ! 

A.  On  the  main  line. 

Q  On  tlie  nuignet  at  the  receiving  emi  t 
A.  Yes,  sir;  at  the  neutral  relay. 

Q.  ludellnitelv  small!  A.  Yes. 

Q.  You  said  you  would  put  a  ssliunt  around  the 
magnet  key  K?  A.  Yes,  sir. 

O  Wliat  is  tlie  object  of  that  shunt ! 

A.  To  prevent  the  mutilation  of  tlie  signal  by  the 
inductive  effect  of  magnet  K.  109* 

q.  When  does  the liavingot  such  n shunt  become 
necessary  t 

A.  In  sending  very  rapid  signals  by  the  auto- 
mil  tic  process. 

Q  You  said  you  also  would  apply  an  overflow 
,1am  at  the  point  between  the  key  and  the  transmit¬ 
ting  apparatus  that  is  shown  in  the  drawing  I 
A.  Yes. 

O.  Wlmt  is  the  object  of  that  t 


s  Exhibit  V  i  A.  \us,  sir. 

q.  Will  you  now  describe  to  tlio  Court  I 
vhicli  is  shown  in  Mini  drawing.  l»y  which 
misgiven  by  tlie  elmngu  of  the  polnritj 
vnrrent  would  lie  recorded  on  the  chemicn 
A.  Thu  current  being  reversed  by 
dumgnr. 

Q.  Let  me  usk  you  one  tiling  bolero  you 
that;  as  shown,  the  smaller  battery  H,  Ira 
negative,  and  the  oilier  liattery  A,  (the  lav 
transmits  a  positive  current,  and  are  indi 


Imck  stop,  ivliMi  is  ttuirkwl  with  the*  n 


Q.  Kceaiise  rile  local  circuit  in  wliieli  ii  is  situ 
's  J*nt  closed  ;  is  linii  correct  >  y,..St  sir. 

(J.  'V luil  effect  will  he  iirod need  on  tin;  eliemicn 
J’ilp,‘!'  is  sll0"'i|  ill  (lit*  u])|H*r  end  of  tin 

lira  wing,  if  yon  reversed  the  Imllerv  nml  Imnsini 
n  positive  current  ? 

A.  Tin;  local  circuit  of  tlio  batten-  in  wide 
sonne  e.  N  is  placed,  will  be  closed:- the  cum.., 
will  then  divide  itself  between  the  magnet  Nan 
Hie  eliomirnl  pnper. 

Q  The  mode  in  which  the  closing  ofthecircni 
is  effected,  ns  f  nndeislaiid  it,  is  by  the  altmctio 
of  the  armature  of  the  poloim-d  relav  from  tl. 
I'ii-k.stop.  which  is  the  minus  mark,  and  the  sto 
on  thiMilher  side  which  is  tin-  plus . .  ! 

Q.  That  closes  the  local  circuit  in  whieli  tin 
sounder  L  ami  chemical  paper  a  re  situated  ( 

Q.  Now,  go  on  and  explain  about  the  dividing. 


Q.  Now,  go  on  and  explain  about  the  dividin, 
of  the  current  i  ‘ 

A.  J  he  current  divides  itself  between  the  electro 
magnet  i\  and  the  chemical  paper;  and  each  I  in,, 
that  it  is  so  closed,  it  discolors  the  paper  bv  de 

rrr"  ?f  1oi',,or  ll,°’  d""'1"1  '»•  «u»  metnlli. 
poml  of  the  stylus,  and  makes  ii  mark. 

u-m  i  'i'o  -1^  extent,  if  any,  will  this  magnet  N, 
wldclU  think  you  said  was  also  a  sounder  ? 

Q.  To  what  extent,  if  tiny,  will  the  placing  of 
hnt  sountler  in  the  position  shown  in  the  drawing 
so  as  to  divide  the  current  which  is  transmitted; 


lien  a  positive  current  is  flowing  over  tholine-to 
hat  extent  will  that  aid  or  retard  the  recording  on 
le  chemical  paper  of  the  signal  transmitted  by  the 

A.  It  would  tend  to  aid  the  discoloration  of  the 
uperbv  the  discharge  of  the  inductive  effect  from 
m  magnet  itself ;  it  will  aid  it,  and  not  retard  it. 

Q.  &>  that,  as  I  understood  you,  SIaUSS"5igmils 
mild  lie  recorded  in  a  given  time  on  the  chemical 
a  per,  ir  von  retain  the  sounder  N  in  the  position 
,own  in  the  drawing,  than  if  you  removed  it? 


Q.  That  is  so?  A.  Yes,  sir. 

Q.  1  will  ask  you  ir  tho  letters  which  are  shown 
i  this  drawing,  indicate  relatively  the  same  parts 
j  llie  equivalent  letters  on  the  case  99  ? 

A.  They  do  indicate  about  the  same. 

Q.  Now,  explain  to  the  Court  how  the  signal 
recorded  on  the  chemical  paper  shown 
„  this  drawing,  by  the  change  in  the  intensity  of 
le  current.  I  refer  to  the  drum  on  the  chemit.il 


Q.  1  set.*  I  wo  pons  shown  in  the  drawing,  wliirli 
I  press  on  Hie  surface  of  the  chemical  paper  when  il 
tAiches  the  drum.  Sink!  the  object  oj  those  t»vc 
puns  ? 

A.  Tho  olijeet  of  the  two 'pens  is  to  prevent  the 
signals  being  mutilated  by  the  changes  in  lliu  po- 
lurily  of  the  battery.  One  or  oilier  of  the  pens  will 
nmrk,  according  as  one  pole  or  other  of  the  halteiy 
is  plnred  to  line. 

Q.  So  that  as  long  as  the  stronger  current  is 
flowing  through  the  line,  one  pen  or  other  will 
make  a  mark  on  the  eliemieal  paper? 

A.  Yes,  sir. 

0.  It  does  not  matter  wliieli,  as  to  the  ehararter 
or  the  signal  ;  A.  No,  sir. 

Q.  You  said  that  the  current  divided  at  X  >,  and 
a  part  of  it  flowed  through  the  shunt,  and  to  earth. 
What  heroines  of  the  rest  that  does  not  go  ih rough 
the  shunt  ? 


Q.  And  this  eontrivanee,  marked  Figure  2,  is  the 
same  as  the  Img-trap  which  is  marked  Figure  2  in 
Oil  so  no  1  A.  Yes,  sir. 

Q.  How,  if  at  nil,  do  yon  obviate  in  this  receiving 
instrument  marked  X  the  dillicnlty  which  you  pro- 
viously  describ'd,  caused  by  tho  reversal  of  I  lie 
buttery — why  is  not  tho  signal  mutilated  upon  the 
chemical  paper  1 

A.  Because  it  is  always  recorded  by  one  or  other 
of  the  styluses. 

Q.  What  positions  do  flic  two  styluses  ormetullic 
pons  occupy  in  reference  to  each  other,  to  produce 
that  result  ? 


A  They  should  ho  placed  very  closely  t  ogether ; 
her  side  by  side,  or  one  behind  the  other. 

Q.  Is  it  in  fact  not  pnict icnlly  tho  result  that 
ere  is  no  mutilation  of  the  signals  when  you  uso 

e  pens  ?  A.  No  practical  iinitilntii.il. 

q*  The  mark  may  he  a  little  wider  or  narrower, 

it  it  shows  distinct  oil  the  paper  !  A.  Yes,  sir. 

tj.  Suppose  it  were  desirable  for  any  reason  not 
i  use  the  chemical  papm-  111  cornice,  ion  with  I  ho 
darned  relay,  could  you  remove  the  chemical 
nuer  and  the  chemical  receiver  from  the  eonnec 
on  shown  in  the  drawing  in  the  polarized  relay, 
itliout  interfering  with  the  reception  of  tho  mis- 
,gco„  the  ehemicnl  receiver  11  is  shown  hen 
Mionneelioii- with  the  neutral  relay  0°  ? 

A.  Yes,  sir;  it  could  be  removed.  , 

Q.  is  lliere  any  practical  dillieulty  in  doing  Unit 
A.  No,  sir. 

Q.  Where  would  you  do  it? 

A  1  would  diseonnect  Urn  wires  lending  to  tin 
icrfoiatcd  paper  at  tile  point  when-  they  join  111 
vires  leading  to  the  sounder  magnet  N  on  each  sal 
m  the  neutral  or  polarized  side. 

Q.  1  said,  how  would  you  remove  the  elninn. 
receiver  from  the  poluiizcd  lelnv—  whellier  yo 
could  do  Hint,  and  still  receive  the.  message  nut. 
matically  on  the.  el.cn.inij  rcmrer,  »  «n 

nected  with  the  neutral  relay  !  A.  Unit  is  n0nt. 
O  Your  answer  is  correct  ?  A.  ies,  sir. 

Q.  Gould  you  also  apply  this  device- the  diem 
cal  paper  in  the  slmut  to  the  polarized  relay  ? 


<£  la  tiie  same  way  ns  you  have  shown  in  tl 
drawing,  you  could  do  it  m  connection  with  tl 

If  ony.lmvo  y. 

made  in  this  drawing  in  the  local  eiuiuts  at  t 


msmmm 


Q.  Have  you  taken  anything  from  ll:c  devices  in 
tlmt  connection  which  is  shown  in  Ute  drawings  of 
case  00? 

A.  The  retractile  spring  prineipally. 

1,1(  Q.  Wlmt  Imvo  yon  substituted  lor  that? 

A.  'I'lie  oilier  electro-magnet. 

Q.  As  you  described  before  recess?  A.  Yes,  sir. 

Q.  Is  Ilia!  I  lie  only  tiling  that  you  have  taken 
away?  A.  T  don’t  think  of  any  other. 

Q.  Explain  to  the  Court  the  <  peialion  of  |:o!e 
changer  F,  which  is  shown  on  tliis  drawing  i 

A.  If  is  now  shown  with  the  lever  F. 

Q.  It.  is  now  in  contact  with  F*  as  shown  in  the 
drawing? 

A.  Yes,  sir;  that  puts  the  end  of  the  battery 
connected  with  the  upper  spring  of  that  pole  cliaii- 
j71Sgor,  which  is  the  negative  pole  to  the  line,  and  con¬ 
verts  the  other  pole  to  the  ground. 

Q.  That  is  to  say,  that  is  the  direction  in  which 
the  current  is  tlowiig,  the  cum  nt  fioni  U  Hows 
through  the  line  as  here  shown,  and  the  current 
that  Hows  through  Fgoes  to  the  ground.  i 


A.  If  the  battery  were  ic versed,  if  would  put  ll 
negative  pole  to  the  ground,  and  connect  the  jms 
live  pole  to  the  line. 

Q.  That  would  he  done  I  y  the  retraction  ? 

A.  (Interrupting),  of  the  upper  magnet;  yc 


Q.  So  that  the  armature  of  flint  magnet  would 
be  attracted  to  the  upper  lever  which  I  marked  F®, 
and  touch  the  contact  point  of  F*  ? 

A.  Yes,  sir. 

Q.  It  would,  in  other  words,  vibrate  Ixtween  F 
and  F8  ?  A.  Yes,  sir. 

.  Q.  And  if  it  touched  F',  the  current  would  How 
in  the  direction  you  have  already  described,  and  if 


t  touched  F8,  it  would  flow  in  the  opposite  diruc- 
'  Q.  And  it  must,  always  touch  either  one  or  the 

that' why  Hus  saiueeffect  is  produced  by  thh 
pole  changer  F,  which  is  produced  in  case  00  bj 
the  pole  changer  F  there  ;  is  not  that . 

;V  xw  Task  von  If' von  are  familiar,  and  if  so 
to  what  extent,  with  the  practical 
automatic  system  of  telegraphy,  as  it »  used  m  tin 

conntiN  .  flv(.mint.)y,  and  have  watclie 

itsdillerent  opem.ions  with  a  great  deal  of  jn.eres 
O  You  are  familiar  from  actual  observation 
experience  will,  the  results  attained  by  it  ;  are  yc 

"°0  1)0  von  know  what  the  maximum  rate  of  spec 

in  the  transmission  or  messages  in 

in  use  in  this  country  is,  practically  attainable 

A.  Yes,  sir. 

Q.  Wluit  is  it  ?  .  .  , 

A.  From  otiO  to  800  words  per  inmate. 

O  With  wluit  would  tlmt  vary  1  A- 

length  ..Mine,  and  with  othereircun.stances. 

Q.  The  shorter  the  line  the  more, lapiui.r 

tninsiiiit  ?  A.  Yes,  sir. 
o  Tlmt  is  so*  is  it  not  ?  A.  bU*  .  . 
Q.  What,  is  the  average  mto  of  *!**£«*  » 
tinned  cm  Mie  automatic  system  mpiac  i  .  . 

Q.  That  is  customary  at  tlu  c  t 

iu  all  telegmph  systems  to  Inn  o  a  wtuin 


n  mis  neen  no  ns  miffed  0.  K. 


A.  ATul  uhvavst  sometimes  it 


l,e,!"  «,“H»wrwl  with  Hi.,  net ii;i| 
ll  i  '  !"!“  for  some  little  lime  past.  When  | 

r  it  Ins  it  was  not  ilmio,  except  at  ||,„  ,;m1  of  „ 

’ivoM  m‘‘VS,W“’’  "'lle"  ,l,u  «-“»»»••>  signal  0.  K. 

Q.  In  (ho  automatic  system  tvns  n  rcinrn  signal 
gi'on  :it  I  lie  on. I  of  <*acli  message!  " 


Q.  The  nool  is  shown  on  tlio  drum  < 

A.  No,  sir;  | lie  reel  is  .a  wooden  or  (j,,  i,„i,|lill 

JIlSIp'”"™'""” . . «—% 

Q.  Tin,"  when  it  is  taken  on  this  bobbin  to  (lie 
fU'lu'S  lllfi'"">'enl  how  do  you  pm  it  o 

(lriun  of  the  transml. '  1 


point  if  one  oah'^epens1?111  **  0,1  11,0 

A.  'i  os,  sir;  Dm  one  on  (he  sending  side. 

. 

in  pruetico  ?  ^  ’  '  ,,lto  ot  transmission 


A.  It  minces  it  about  00  per  cent. — jj-. 

Q,  Why  ? 

A.  Because  from  the  lima  that  ellipses  tram  the 
instant  that  he  Jins  liui.shcd  the  reel  anil  closed  his 
key  to  give  the  return  signal,  he  might  have  been 
sending  forward  a  huge  number  of  words,  which, 
of  course, is  delayed  by  his  having  to-  stop  to  re¬ 
ceive  the  return  signal. 

Q.  On  the  automatic  system  as  it  is  practically 
used  in  this  country  those  delays  are  inevitable  i 

A.  Yes,  sir. 

Q.  bet  mu  call  your  attention  in  this  connec¬ 
tion  to  the  third  clause  of  the  specification  of 
case  1)0  (page  07  of  the  exhibits),  which  is 
ns  follows:  “By  duplicating  the  parts  herein 
described,  four  transmitting  operators,  and  four 
receiving  operators  can  work  simultaneously  over 
one  win:,  two  of  each  being  at  each  end.”  What 

idea,  if  any,  does  that  . ivey  to  your  mind,  as  an 

electrician  1 

A.  Tt  eonveys,  as  1  should  express  it  the  idea  of 
duplexing,  case  00. 

().  That  is  to  say  by  applying  to  the  method  here 
shown  for  transmitting  two  methods  in  the  same 
direction,  some  one  or  the  well  known  methods  for 
transmitting  two  messages  in  an  opposite  direction  ! 

A.  Yes,  sir. 

Q.  That  is  what  you  would  call  duplexing,  case 
00  t  A.  Yes,  sir. 

Q.  And  to  your  mind,  the  word  “duplicating,” 
in  this  connection  convoys  that  idea  1 

A.  About  that.  idea. 

q.  Now,  is  that  method  which  you  have  just  des¬ 
cribed  of  duplexing,  case  00,  equally  applicable  to 
the  methods  shown  in  your  drawing  (exhibit  V.)  1 

A.  Yes,  sir  ;  properly  arranged. 

Q.  You  could  duplex  that  as  well  as  you  could 
duplex  case  001  A.  Yes,  sir. 

q.  what  effect  would  it  have  upon  the  speed 
of  the  automatic  telegraph  practically  attainable 
for  business  purposes,  if  you  could  provide  some 


"'■I'oinnliu  transiiiilloi 
.von  h •! ve  spoken  "  ' ' ' ' ' 1 1,10  «»‘*-*«  riii>lion  of  which 

speed  or  a  vorv  T™  U  '°  ,,a 

Q  N  \\  'f  ‘  l!  <>SU  npi)lom:l1  lo  '*• 

. 

Swirilh  lUl?  n"m',0r  °f  s,V",'ls.' "•Idcl!  ‘would 

Q.  Yes,  sir' 

O  irn'r)?  ‘‘-'Sloroit  lo  Ihu  maximum. 

,ro  M  l  ,  , ,  V  °  • '  °r  "0t  l‘-V  "'«•»»  "  hid, 

«uc  biioftii  in  Miat  (Innvni",  two  lueasa^ps  .  ,• 

in  t,lu  same  direction,  onuon  the 
1 730  turn  i  '  S' 8  ,  ln’  i,ml  ,  llu  otl,ur  0,1  ,llt!  Morse  ays- 
A.  In  my  judgment  they  c;im  •  yes  sir 

. 

A.  No.  sir;  .here  is  none 

. would  put 

cSS^-WM* 

Su'eml  uing-r°  •Si<1°  nt  pSffS  the 

.  fo  h?0'  Vi  a  lc2?  "ns  riom  quo  end  of  a  lino 

f°  ,I|G  »«««••  For  instance,  if  mi  0, 11 1,1 0 

"'g  0,‘  t,,u  f*o».  Now  York  to  Boston',*  J 


lid  have  the'  Boston  operator  signal  back  over 
other  side  of  the  quadruples  to  the  operator 
lo  was  sending  by  the  perforated  paper,  that  his 
had  been  received  0.  K.  1  would  put  that  in 
li  tlie  ordinary  Mot  so  business,  which  would  in- 
•upt  very  little.  The  automatic  sender— the 
a  who  was  "sending  with  the  perforated  paper 
until  thus  continue  his  work  uninterrupted. 


Q.  And  the  operator  who  was  receiving  on  the 
torso  :it  his  side,  would  be  inhumed  by  the  signal 
that  laid  hern  received,  and  then  lie  would  be  en- 
lilcd  in  that  way  to  proceed  witlioutinterniption  i 
A.  Yes,  sir. 

Q.  Now,  to  what  extent,  if  any,  would  the  trails- 
nissii  n  of  ti  e  mrstrges  firm  the  perforated  papei 
lid  the  reception  on  the  chcinical  paper  with  the 
scans  and  by  the  devices  shown  in  that  drawing, 
ic  delayed  as  compared  with  the  ordinary  automat¬ 
ic  transmission  and  reception  when  you  send  only 
one  message  at  a  time ? 

A.  On  the  automatic  side  ? 

Q.  Yes,  sir.  In  other  words  state  whether  or  not 
by’  the  devices  and  on  the  plans  shown  on  the  draw¬ 
ing  (Exhibit  V.),  yon  would  practically  on  tin 
automatic  side  get  the  same  speed  that  you  dc 
now  on  the  plain  automatic? 

A.  In  my  judgment  we  would. 

Q.  And  in  addition  to  that  as  I  understand  you 
you  would  get  an  increased  practical  speed,  owin' 
to  not  having  to  stop  for  tho  purpose  of  receivinj 
a  return  signal  ?  A.  Yus,  sir. 

Q.  So  that  in  practice,  although  not  theoretical 
1y,  the  system  shown  in  that  drawing  would  on  tin 
automatic  side  transmit  more  signals  in  the  givei 
time  than  the  present  automatic  ? 

A.  Yes,  sir— practically. 


"oik  lift  non r  iik  yon  could  judge  ? 

A.  Providing  the  line  laid  ns  much  business  «s 
could  tieml ' 

Q.  Of  coarse,  I  refer  to  the  line  being  worked  i 
its  full  capacity,  and  to  an  average  due’s  work  t 
1  “>•>  well  as  to  an  average  day’s  messages ?  ' 

A.  It  should  make  an  increase  or  0(1  per  cent  in 
.  whole  day’s  work  as  in  one  minute’s  work. 

Q.  Look  at  the  drawing  which  is  on  the  bind 
board,  and  or  which  Kxhil.it  V  is  a  copy,  an 
slate  whether  there  is  any  device  in  that  nppnnitii 

"J IK'“  tilt?  inossn^i'.s  from  nit 

of  speed  shown  in  the  automatic  if  you  irnnsnii 
ted  messages  automatically  in  the  way  von  hav 
described  to  the  neutral  relay? 
elL'iit.1  S<!e0,,l‘V  01,0  l1' '  ice  l,wl  "‘'S1'*  ll:|ve  l  ha 
73G  Q-  ''Vliicli  is  that? 

A  That  is  the  arrangement  of  the  transmitter 

m  IS  the  circuit-preserving  key  which  is . . 

1)  in  the  diagram. 

Q.  I  low  would  that  operate  to  iliaiinish  the  rati 
of  speed  ; 

A  K  it  did  do  it — I  don’t  say  that  it  would,  i 
"ould  do  it  by  the  inertia  or  the  lever  which  wool, 
side  t0  bU  ovom,,,"?’i"  'ts  vibration  from  side  K 

sl.nnn'7,nt  ,,t‘,,sn"’  ir"n.v-  is  tliere  that  that  level 
should  have  any  considerable  momentum  ? 

A.  It  could  be  just  as  light  as  is  consistent  with 
3‘  th“  8  r'S  '  ro1,  **«»  work  it  has  to  do. 

,  JJo  y°u  k>i«>W  how  fast  sueli  a  lever  can  be 

witl^tlm 'i.0,'C  ^  ,niu*u  light  enough  to  be  consistent 
"itli  the  necessary  strength  ? 

Untie  T|  Il,mlly  Sivts  the  exact  number  of  vibni- 
vervnearlv"  1°1,i,"on  h  w»«M  vibmte  as  fast,  or 
deimigiietized.3  “““  1,0  * 

Q.  How  does  that  rate  of  vibnition.  which 


have  just  mentioned,  compr.re  witu  tno  inie  oi  u.iuo- 
niissimi  on  the  automatic  system,  if  there  were  no 

such  lever  there,  practically? 

A  In  my  judgment  it  should  bo  about  the  samel 
q"  That  is,  vou  think  if  that  lever  were  made 
li„ht  so  that  it  would  have  no  considerable  nioinen- 
turn,  it  would  not.  practically  diminish  the  rate  of  It  38 
iransaiission  from  that  it  would  have  attained  by 
the  automatic  system  alone? 

A.  In  my  opinion  it  would  not.  . 

Q.  Is  there  any  other  device  shown  in  that,  draw- 
in.,  which  would  tend  at  all  to  limit  the  speed 
of” the  automatic  in  working  on  the  neutral  side  ; 
workimr.  in  other  words,  by  increase  and  diminu- 
ti  n  or  the  intensity  or  the  current  without  refer¬ 
ence  to  polarity  ?  . 

A.  Since  I  answered  your  other  question  on  that 
ncitter  T  have  noticed  the  polarized  relay 
placed  at  ,tl.e  receiving  ends,  which  might  possibly  ^ 
have  that  effect,  but  it  might  be  overcome  l.y  nn 
arrangement  well  known  in  automatic  telegraphy, 
that  is  the  polarized  relay.  .  . 

O  So  that  bv  using  one  of  the  devices  which  is 
omnionlv  ined  in  automatic  telegraphy  for  that 
purpose,  that  diilic  illy  would  be  overcome  ( 

Q.  Whntwould  you  call  that  device  ? 

Q.  What  would  be  the  effect  of  the  rainy  magnet 
shown  ill  connection  with  tho  neutral  receiiei 

x,;fui!r^  tho1740 

reQy  How  would  that  affect  the  clearness  of  the 
8  SA!l'lt  would  make  them  clearer. 

A.  'Byi  cutting  off,  as  it  wore,  of  wliat  is 


obstacle  on  I  lie  plmi  sliowi 
V),  hi  the  transmitting  o 


■o  desirable,  would  there  be  any 


ill  that  drawing  (Exhibit 
l, he  automatic  method, 
ical  paper,  four  messages 


at  once  over  i.iiu  nne  . 

A.  Not  unless  they  were  messages  oT  a  character 
that  need  not  bo  broken  to  send  the  return  signal ;  ft* 
and  I  can  think  of  no  set  or  messages  in  which  that 
can  be  done,  and  therefore.  1  do  not  think  there 
would  bo  any  advantage  in  sending  automatic  on 
all  or  the  sides  of  the  quadruplcx,  at  the  same  m- 

StQ,t'The  practical  difficulty  that  you  point  out  on 

such  an  application  or  this  particular  method  would 
be  the  necessity  or  making  this  reversed  signal  on 

Q.  But  it  you  add  a  device  which  would  obviate 
that  difficulty,  then  you  could  transmit  your  four 
messages,  atone.-,  automatically  i  A.  \es,  sir.  |74£ 
Thr  Court. — It  is  the  absence  or  any  such  (let  tee, 
iU.it  i"t ii sen  llm  ('runt  loss  von  ivfor  to,  as  equaling 


tin*  left  hand  Mn  <>f  drawing,  am  nnu  cec 
l,fQ/lt  would  not  be  absolutely  necessary ;  tin,  sir; 

11  Q.*The  neutral  X' 0  17 

more  distinct,  and  obviate  the  tailings 

O  But’the'h^tnip  which  works  in  connection 
‘  wiS;  tfe  »eut“olay  0  would  not  be  necessary  I 

«: ***  “-J! 


neutral  side,  you  would  mint  it  f 

A.  Yus,  sir,  it  would  bo  necessary. 

Q.  Hut  in  tin:  uusu,  by  tliu  iluvico  of  tlio  two 
lions,  with  t  hi*  assistance  of  this  Hum  ral  ruluy,  you 
:u:ooni|ilisli  I  lie  sumo  result  which  is  accomplished 
on  the  Morse  plan  by  the  him  Iiiii> — is  that  so  ' 

17  A.  Vos,  sir. 

Q.  Look  nt  the  instrument  which  f.  now  show 
you.  mul  stnto  whin  it  is  ! 

A.  1 1  is  a  receiving  relay,  that  has  been  callctl  a 
short  roil,  and  also  a  neutral  relay.  I  not  ice  that  it 
is  provided  with  a  shunt. 

Q.  Show  the  shunt  to  the  Court,  and  explain  its 
operation. 

LThe  witness  does  so. ] 


>’c  employed  that  instrii- 


Tliere  is  a  coil  H  shown  in  circuit  here 
uch  a  shunt  around  it. 

Do  you  know  who  that  was  made  hv 1 
It  is  marked  Edison  and  Murray. 

How  long  has  such  a  relay  as  that  been  ii 
1  don’t  know. 


Q.  As  far  backus  18702 

A-  1  don't  remember  seeing  it  ns /in:  back  as  that. 

Q.  Do  you  know  whether  this  shunt  that  von 
■•hiive  described  was  employed  byMr.  Little  in  con- 
nection  with  liis  system  or  automatic,  telegraphy  ? 

A.  I  have  heard  that  it  was ;  I  haven’t  seen 
Little’s  patent. 

Q-  'J^'at  is  your  understanding '<  ,i 

Q.  Look  at.  the. patent  . which  I  now.  show  you, 
being  reissue  number  0(508,  andiit  the  passages  in 
the  2d  and  -lth  paragraphs  that'  I  hiive  marked  ?  ! 

A.  I  here  is  such  a  shunt  shown  in  tlijs  patent. 


|  Patent  put  in  evidence  and  marked  ^ 
plaintiirs  exhibit  tiW. 

n  «si.ih,  whether  or  not  in  that  patent  the  elioin- 
ira  (receiver  which  you  have  desflilied  is  employed 
as  an  equivalent  for  the  Morse  receiver  in  connec¬ 
tion  with  the  invention  therein  set  forth  t  1750 

A.  Tt  is  spoken  of  as  bcnig.  oither  elei  tio-maf,- 
lietiii  or  chemical.  ,  > 

Q.  That  is,  that  one  or  other  may 
connection  with  duplex  system  i 

A.  Yes,  sir.  ,  , 

Q.  Without  changing  the  invention  I 

Q."  Looked  the  passage  on  page  m r  of  the  worit 
oil  .-luctricity  by  the  derwulnnt,  Mr.  Pie^* 
second  paragraph  from  tlie  top? 

q!  I  will'read  it :  “The  duration  of 

u.||i,.h  is  required  to  produce  a  signal  is  1701 
*  however  always  less  than  the  time  which  elapses 
‘‘between  the  making  of  ,  ,,t  ,.lle 

V,  r  i,  1.  »  i  »'  ' 

MM  1.. 

. . 

. .  Ml  wonia  Ml*  J* 


May  8t»,  1877. 

T>ireH-i‘xnviinttliim  of  Henry  Van  J/nen-nbernh 
continual.  J 


Y"U  htiiltMl  yesterday  that  one  of  the  objerts 
•  «  pin  poses,  winch  WHS  subserved  by  this  magnet 
mint)  circuit  in  which  A'is  situated  nl  t  ho  its 
e..  ’  "!,S  t0  nmku  ,llu  signals  on  thechcmi- 

1  •  pn  passing  over  the  drum  X  more  rapid,  or 
hiiisl  intue  oieHr,  and  more  sharply  dolinud  lhan 

M  e>  otherw.se  wo .  ho.  Does  it.  subserve  any 

iu  heiielieml  purposo  tisido  from  that  ? 

,  ,,  ;. it-  !,ls.0  l"'ovi<los  «  belter  path  for  llie 

eat  Mian  through  the  chemical  paper ;  otherwise 
Jb.c  n"  would  be  too  weak  to  work  tlm  polarized 
bo  we’d!  I  IU  >U  but  it  would 

1 ' 04  show  von'  yT  IU;,k,  l,A,hu  ,ln,wi"&"/which  I  now 
ji  f  •  * .  }.°  w*mt  of  poi  fonuod  paper  id 

,  l.'"lsl"1,fh"e  apparatus,  which  is  shown  on  this 
drawing  adapted  ; 

A-  It  isnilapred  to  (lie  ortlinary  perforated  paper, 
l,y,l"!  Atlantic  &  Paeilic  Tele- 

gtiiph  Company. 

'V1'0  aburactor  of  the  perforations  that 
•nc  made  on  that  paper  ; 

Odin  '-'—fdilferen,  sizes  punch- 

,  7.6 a  small  hot'F to  .‘.lot C"UiV!"e,,t  "*  “  d»»1' 

;1,l!u  l,u'fc,e  ,IH,B  serves  to  connect 
t'V  (,ots>  and  thou  a  dash  is  made  I. v  the  use 
of  the  current  through  all  three.  0  . 

n  Li  !"  A'  “ect0f  ",0  t,m*  together  to  make 

“ix*.'1"  '•  "lo”' ,imi 


A.  Y.  tl.»~  I.  »  £25 

ivK' t.rff”'”'  »“|'oa  or 

5TL*S*?  «i  ^“■“u«a r 

have  last  described  i  „ea  as  to  be  di- 

A.  The  battery  circuit  is  • 1  of  tlle  key,  or 
verted  .tUr"uf!vS  “ml  Jails  the  armature  forcibly 

transmitted  at.  will,  ,,  ..a; „„  as  it  is  attracted 

;rs«»“=>"4  ■*  ,ni  “  “  ”””■ «« 

ated  paper  is  di.i»«  tHm,hes  one  side  of  the 
I  11  pen  or  f'1  s  J  lt  ,  tl  ,  that  side,  it 

magnets’-  A-  Yus‘ 

Q.  U  or  '/'  •  A.  •  tiu  continues  to  be 
Q.  Then,  as  the  1»1 1 0I,ul,en,  which  you  have 
drawn  along,  the  mo  d1tlie  perforation,  t  >®  lT58 

just  described,  pusses  “  »  .  bn  tlie  opposite 

other  pen  tenches  the  pci a.  Yes. 

Si  Q  °C perforations  then  are  alternate  1 

££e  is  always  a  perforation  either  on  one 
side  or  theother  l  -A.  A’is.  ^  theperfor- 

circuit  through  that  pen  1  A.  Acs. 


Q.  Anti  Hint  tihnsmils  the  current  through  Hie 
other  magnet  ?  A.  Yen. 

Q.  Tlmt  is,  if  the  first  current  is  tmiisinified  at 
G,  tlie  second  current  would  be  transmitted  through 
Gn  A.  Yes,  sir. 

Q-  AVhon  the  current  is  transmitted  tliroiigli  fi. 

1  ‘ the  nnniituru  marked  V  is  attracted  to  tlmt  side, 
and  when  it  is  transmitted  through  G\  it  is  attach¬ 
ed  to  the  other  side  ? 

-  A.  Yes. 

Q. -And  in  that  way  the  reversal  of  the  current 
is  elfeeted  ?  A.  Yes. 


Cross-examined  by  Mr.  JMckermm.  : 

Youare  employed  at  present,  by  the  Atlantic 
17b0&  Pacilic  I  olograph  Compnnv  ?  A.  lain. 

Q.  In  what  capacity  I  A.  Electrician. 

Q.  In  the  same  capacity  as  Mr.  D’liifreville  t 
A.  I  don’t  understand  the  relation  that  lie  occu¬ 
pies  to  that  company  exactly,  hut  I  believe  him  t.» 
bo  also  employed  as  an  electrician. 

Q.  Don’t;  you  understand  that  he  is  relatively  in 
rank  your  superior? 

A.  Tlmt  question  has  never  arisen,  and  has  never 
been  settled. 

•  Q.  I  ask  what  your  understanding  about  it  is? 

A.  I  understand  that  we  are  associates  in  the 
1701  neitll0r  0110  lieing  superior  to  the  other. 

Q.  Then  you  are  of  equal  rank  with  him  as  elec¬ 
trician  111  that  company  ? 

A.  I  suppose  I  should  be  it  our  relations  were 
clearly  defined,  but  they  never  have  been 
company t l0D8  h"  ■°  yo"  buun  employed  by  tlmt 
A.  Since  the  Ifitli  of  September,  1870 
Q.  In  what  capacity?  A.  In  the.  same  capacity. 
Q.  Have  you,  over  since  the  15th  day  of  Septein- 


her,  1870,  been- employed  by  that  company  ns  elec- 
,ricia”l  A'  employed  before  that? 

.,,i  vesni’Ct  to  elect!  icit)  •  1762 

"  That  is  a  di.lmult  question  to  ^  ^ 

O  No,  it  is  not  I  should  think.  » u 
or  ara  not,  and  I  suppose  you  know  !  tfc 

Claim  to  ke  theoraticidlj  noil  „ot  hesitate 

cause  you  to  pause  ?  tmth  exactly,  that 

A.  I  am -tryn«  o^  0*  theoretically, 

’  «•«»  -«*>• 

them  to  telegraphy  •  -  •  equally  well  in- 

Q.  .Do  jam  suppose  that  yoiin  ? 

r‘"r  Not’!  lorcign  telegraphy;  on  American  I 

matter  ‘ 

speaking  now  of  sciem  ^  wUether  they  are  ap- 

aider  youiseU  ecimil  j1  only  getting  at 

W?  “  s»noS'l  «'>"k  1 

&&3S^*** 


Jmo?roeq""lly'ren  ,"fori"ed  witl*  Mr-  T)'  rnfra-j 
A  JTnitlly,  perhaps,  an  equal  to  him  in  that  m 

Kgs,* . . . .  ;Z“r:z 

1W6|„S„ ST'"’11"  <lR,Wing  H"  «»*«  l‘l..okl„,:.rd 

VotiJh°  8yveni  hJ*  drawing  was  in- 

iitul,  according  to  my  best  recollection  some 

“»«-  m  «•* . . 

. . 

tssszsss* 

. . . . . .« 

dill 'i'"'"” :l  <1n'«‘i"g  simlliir  n. 
as  it  is?  '  k  0,1  1,10  blackboard,  just 

•in  Ml!  ?  * 

"gQ  iou"],mve",e,lbL‘r  thc‘ oxnct  insf«iit.,,Le  ‘  “* * 

to,,™"0"'  H,nt  pm  ts  or  it  existed. 

(Question  repented.)  • 

A.  No  sir. 

jiirommllon  o, 
he.  A.  No.  Mr'  Wheeler  didn't,  did 

2: 

"’hole  of  the 


son  Imd  himself  to  do  with  it,  so  far  ns  the  applica¬ 
tion  that-  is  suggested  is  concerned.  , 

O  1  mu  not  speaking  about  this  application  oi 
the  device  th  .1  'my  body  suggest,  d  t  am asking 
von  who  put  together  that  design  shown  upon  tin. 
blackboard,  whoever  furnished  the  elements ^nh  . 

Who  were  the  gentlemen  who  co-operated  in  put¬ 
ting  together  the  elements  of  that  cmnbmnt.on 
shown  upon  the  hhteklioaiil ! 

A.  Mr.  D'lnrrevilleand  myself. 

Q  Who  were  the  inventors  of  it,  anybody  else  . 

A.  No,  sir;  I  don’t  know  that  there  was. 

Q  How  long  did  it  take  you  to  do  it? 

A.  We  had  little  or  no  invention  to  do;  it  was 
a  simple  application  >.r  well  known  things,  and  it 

t0QC  How'hmi'did  it  take  you  and  Mr.  D’lnfre- 
vi£  i  the  time  you  set  out  to  do  it,  to  bring 

together  the  elements  into  the  form  shown  on  tl.c  17(J9 
blaekbiMi  the  arrangeineiit  and  apply  the 

different  devices  and  put  it  on  paper,  must  have 

Mr.  n’Tnfreville,  to  make  this  invention.  Who 

told  you  to  make  it? 

A  Nobody  told  me  to  make  it.  ..... 

Q  It  was  a  kind  of  spontaneous  .  ,.1.. bastion  on 

voiir  part? 

‘S:Sjust  thought  you  would  do  it  without  ^ 
liaving  any  instructions  to  do  so  . 

q’  You  never- heard  that  such  a  thing  "as  le 
qiiircd  ?  suy  t,mt.  i  had  a  suspicion  that 

perhaps  such  a  thing  might  be  repined. 

Q.  Generally? 

£  You  thought  you  wore  making,  an  invention 
in  automatic  telegraphy? 


Q.'  iwflwtl,?  W“  ,lmt  b"  uwftil. 

,Ih2'M"  11,1,1  il  sllsPieion  Hint  It  nilfrht  I,,.  Ilsi.fl| 
A.  Yes,  sir. 

unsuspecting  Mi'liiVl # ' '* ** *'**^  11,1,1  -suspicion  i„  your 

q  nii'*  11  myself. 

A.  Y,!s."  '  k""  ftbsorptloi,  process  ? 

°,r  -wio,. 

2770  ,'n,M|1  «.f  „le  At . ^'Kr0:::  ."'-mv 

Mu-  city,  lmc  'annus  drug  stores  in 

’":u'hl‘,»‘-  1  m l" ‘II, ‘,7,',!' ' "/f,  ‘ / 1 ' ' ■  ’ ‘ " <  i > f-^  of  the 
ll1"  ‘‘Iouk-hi.s  of  ,  J-  so.  ’  *',,Bre  ,li'1  .von  get 

u  filing  I. light  I...  usofuMuThi'1'!-- ,hil'  l",ssi,,'y  ‘sucli 

T  i"” 

, „  <t  v.™  mX’cj  -r  »■« 

77,3  i hut  "toum  bB  a  so,.?  „r « sinm  w  s,"nt,,,,i"e  «i> 

'  q.  *£  s-t;  r 

tl"!t  ’JW'M  «tnt  I  his  J.stTo.f  (-"''If  "1'  “"“O'JiW 


A.  T  thought  I  was  gut  ting  up  n  nmchino  that 
facilitate  their  business,  lmt  whether  they 
ImiUl  it  or  not,  of  course  was  beyond  my  ^  ^ 

Q.  You  don’t  mean  to  say  that  you  thought  you 
getting  up. such  a  tiling  as  that  for  use  in  their 
do  you  1 

A.  I  thought  it  would  probably  facilitate  their 
business  if  they  had  a  rigid  to  it. 

Q.  lam  not  asking  you  what  you  thought  they 
had  a  right  to;  Iain  asking  you,  it  you  thought 
you  were  making  a  combination  in  practical  tele¬ 
graphy  that  would  he  applicable  to  or  useful  in  the 
business  of  the  compnny  by  which  you  were  em¬ 
ployed  ? 

A.  Yes,  if  they  should  find  they  laid  a  right  to 
uso  quadruplex. 

Q.  You  have  not  applied  for  a  patent,  yet,  have 
you  ? 

A.  No,  sir;  1  should  not  call  that  an  invention, 
but  an  application  of  well  known  tilings. 

Q,  Is  that  a  new  combination  ! 

A.  it  is  new  so  far  as  I  am  concerned. 

Q.  Didn’t  you  also  have  in  your  mind,  or  brought 
to  your  conviction,  the  testimony  that  lias  boon 
given  in  this  case,  when  you  were  concocting  this 
little  g  t 

A.  It  may  possibly  have  been  brought  tr 
afterwards.  ,  1 

Q.  You  had  heard  the  testimony,  or  read  it, 
hadn’t  you,  in  parts  1 

A.  In  parts,  yes  ;  lmt  very  little. 

q.  This  was  an  arrangement,  which  was  made  m 
view  of  certain  parts  of  the  testimony,  wasn’t  it  I 

A.  The  way  of  putting  it  together  at  Mr. 
AVheelor’s  oilico  was  ;  but  the  original  design  of 


<542 

oufJ'S  ,V°", ,irst  <1',siS»'*'l 't  it  was  a 

,t7:n,!r;;;;,ony  rw,ch  ,m<i  'i*™  ^n'L, ? 

^77;,^;-- -  v;;- 

ll.H.ll'.i  so  *5  "I’°"  •,"l"',,‘5  1  Hioiifch*  it 

.11  .tar IV.1 . .  I‘»~ 

Q.  V™  l„„l I, . . 

rsuspecled  Unit  it  might. 

A  No"^1"’1  ra,"iw  to  ,H!  “‘W  H.n..  ,li,l  you  , 

tiiminr  ""imu"  ,tr"'"s  ,1onu  !lftei'  looki"jr  i"  Hu;  (es- 
"  lu-tlu.r  tli-i,  mu  i,S  v  t,le  r»l-t*ter  question, 

1 1  *8  llii»k  ihTn.  w®, "'i  ,'“1  I 

-atsayr*- . 

ll'if!  Il,;tn|  (,|.  „.;„i;  S  ’  !"» 

ixilijahr.  111,0  tl1" nwsllwi  of  wlm.it  wotlia 

Won  I  HHlTyoU  Ih^wIhIi'""  t,lnt‘  Tll°  al,cs' 


iug  t.  eni  there  together  unless  the  picture  w 
tended  to  either  refute  dr  confirm  certain  portions 
of  the  testimony  ? 

A.  The  object  of.  it  might  have  been,  mid  to  the 
best,  of  my  belief  was,  to  make  certain  combina¬ 
tions  deal*  to  the  Court  as  to  the  application  of  au¬ 
tomatic  to  the  quailruplex..  1780 

Q.  Was  it  t  o  li  1  ortions  of  the  testi¬ 

mony,  or  to  refute  some  portion  of  it? 

A."  I  did  not  know  at  that  time. 
fly  the  Court ; 

Q.  Do.  I  understand  you  that  the  combination 
which  the  figure  represents  is  all  application  of  the 
automatic  to  the  quadruples?  A.  To  case  00. 

fly  31  r.  Dickerson  : 

Q.  The  object,  that  you  had  in  your  mind  in  tes¬ 
tifying  to  that  picture  was  to  show  that  the  gen- 
end  principles  so  called,  of  using  the  reverse  cur-  1781- 
rent  and  increase  current,  was  not.  common  to  the 
Kramer  method  and  to  the  Kdi  t  •t 

U  A.  I  didn't  understand  that  that  was  the  object 
exactly.  .  , 

q.  That  was  a  part  of  the  object,  wnsn  t  it. 

A.  I  didn’t  understand  it  in  precisely  that  way. 

Q.  Then  that  was  no  part  of  the  object? 

A.  1. shouldn’t  like  to  say  that. 

Q.  You  never  heard  that  question  suggested  un¬ 
til  I  suggested'!!  to  you  just  now? 

A.  Yes,  1  have  heard  it  suggested.  .  ■  l782 

Q.  This  was  designed  to  do  one  th  mg  or  tile  otliei , 
to  show  that  it  was  substantially  the  same  or  that 

■  it  was  not,  which  was  it? 

A.  1  understood  the  questions  asked  of:  me.  amt 

which  l  answered  were—  ,  ..  . 

.  Q.  I  am  not  asking  you  about  the  questions  that 
were  asked  of  you  and  answered  liy  yon  ;  I  am  ask¬ 
ing  you  for  the  object; which'  you  had  in  view. 


Wmsm 


When  you  wore  preparing  yourself  lo  t'estifv  in 
i  egurd  to  tlm  tjlra wing  y„«  hndsomo  idea  in  vour 
imrnl,  limin’ t  you  !  A.  Yes.  •'OKr 

;  Q-  ' r,l»t  «»s  ii  drawing  to  -show  Hint  Kramer’s 
wliieJi'wns'il/  Klii'son’s’  ,,r  l,"'t  it  was  n„t, 
1783  A.  I  didn't  consider  tlmt  view  of  it, at  nil  • 

understand  Hint  either  «,f  those  points  wns  to  be 
ginned.  1 

..  1  Wl11  'V'"1  lo  .voir  from  .Mr.  D’infreville’s  tes- 

.timony  on  this  siihjeet.  On  pages  1 1 -I  and  1 13  this 
question  was  put  to  him  by  the  Court :  “  |  undor- 
tl  •v1°'.Ho  sa>:  11,111  **  versing  the  poll. ri tv  cur- 
“  iK-.."int Vn.‘,lt‘i,S1,lg  "s  i,‘"!llsilA  "ere  used  before 

‘•sKaii’at  Jo;:::,;;:;*" ,n  *«••> 

“  «,o  ■  .TlluJ',"'eru  ,,swI  '<»  •nrasn.il  at  the  same  lime. 

•  »  I  (viliTT  ",oru  c,,!,,p,.v  nnderaloiHl 

1784  „  •' ’  Mu* reversing  the  current  and  inereas- 

18(0;  but  the  manner  of  using  these  reversals 

::  ;£j,  v'ri,se  •mKi 

„  s"°" 11  1,1 1,!).  "’ere  not,  known,  f  mean  the  man¬ 
lier  of  using  the . is  shown  in  ease  111). 

By  Mr.  D/cienoHi 

1785 ::  2S  "  t,"  !:■ 

„  tl,,eo  relays,  but  in  ease  00  they  have  two 
distinct  and  Independent  receiving  iiudruments. 

By  Mr.  W/wcloni:,  . 

“tlmt'  1  ",Mlo,'8tmMl  TO.,  a  right,  you  sav 
“the  other  "or’  old^oife  is1|J,'8ttin«"islmljlu 


345 


“  Q.  Adding  to  and  diminishing  the  quantity  or 
“intensity,  sends  the  message  independently  of 
“  the  reversal  l  A.  Yes, 

“Q.  The  independence  of  th$so  two  keys  and 
“  receivers  from  eact  other  was  the  new  quality  of 
this  patent  J 

“A.  Yes. 

“Q.  That  is  all  the  novelty  of  it?  A.  Yes. 

“  Q.  Tlmt  is  the  whole  of  it  ? 

“A.  Yes :  there  were  some  improvements  in  in- 
“  volition  in  the  new  method,  to  avoid  some  trouble 
“which  arose  from  the  use  of  the  new  system.’ 

Q  Do  you  wish  to  contradict  that  or  admit  it? 

A.  I  don’t  see  that  I  ought  to  do  either. 

Q.  I  propose  to  have  you  ;  that  is  wliat  I  liave^ 


(Witness  looks  at  book.) 

A.  I  have  not  considered  the  subject  in  that 
light  very  long,  but  I  should  be  compelled  to  agree 
with  Mr*  IV  Jnfrevillo,  rather  than  to  disagree  with 

Q.  Then  you  agree  with  him,  in  so  far  as  the  an¬ 
swers  to  these  questions  are  concerned  ?  -j  i- 

A.  I  mean  in  this  case.  ... 

Q.  Then  you  agree  wjtli  him,  that  the  indepen¬ 
dence  of  these  two  keys  and  receivers  was  the  new 
quality  of  the  Edison  invention  00,  and  that  is  all 
the  novelty  of  it?  ...  . 

A.  I  don’ t  get  the  meaning  ot  the  independence 
of  the  two  keys  and  receivers.  , 

Q.  This  question  was  put :  Adding  to  and 


rm 


“diminishing  Hie  quantity  or  intensity,  sends  the 
“message  independently  of  thuruversiil  1 

“Q.  The  indeiHindenee  of  these  two  keys  nml 
“  j'J-’t’eivers,  was  the  new  quality  of  this  patent  i 


“Q.  That  is  the  whole  of  it  ? 

^  You  agree  to  that  don’t  you  t  ; 

Q.  I  "ill  ask  yon  whether  yon  agree  with  the 
testimony  of  Mr.  Edison  on  page  dll  which  I  will 
read.  I  lus  question  was  pul  to  him :  “ Now  lake 

your  claim  as  you  make  it,  will  not  this  l»c  the 
^ exact  uistiiiction  between  K miner’s  methods  and 
^.tours.  I  now  read  from  Kramer’s  claim  :  “Trans- 
•nutting  two  distinct  messages  from  one  wire  in 
1700..'!"-'  direction  and  at  the  same  time  by 

changing  t  he  polarity  of  the  tRinsmittingcuiTeul, 
‘and  by  incicasiug  tor  decreasing  the  tension  of 
"current' 

_  »«,  «ir  ;  that  would  he  Kramers,  provided 

“yon  strike  out  the  word  “distinct.” 

“Q.  Then  1  strike  out  the  word  ‘  distinct,’ 

A.  Because,  in  Kramer’s  device,  they  would 
he  very  indistinct. 

Q.  Whereas,  yours  is  transmitting  two  dis¬ 
tinct  messages  over  one  wire  in  the  same  dire.:- 
.  bon,  mid  at  the  same  time,  one  open, ting  by  the 
neni  (1  ™vor»“l  of  the  battery  current,  and  the  other  by 
1  <0  “  teryT"”8  Y^eCmi8i"K  tl,e  from  the  lint-. 

“  Q.  That,  is  the  difference  t  A.  Yes  " 

Q.  Do  you  agree  to  tlmt,.or  do  you  disagree  with 

A.  I  agree  with  it, 

Q.  And  that  is  also  true ! 
n  ')est  of  niy -belief.: 

Q.  lids  mncliine  of-Kmmer’son  tlte  blackboard. 


547 


sliows  simply  wluit  we  call  “  duplex,”— two  from 
one  end  ! 

A.  Double  sender. 

Q.  That  is  necessarily  capable  of  being  qundru- 
plexed  from  the  circumstance  of  tills  duplex  ? 

A.  That  timing  n  nt  ill  be  duplexed,  I  be- 
lievo ;  T  have  not  tried  to  do  if, 

Q,  But  at  that  time,  way  back  in  1854  and  I800, 
qnadruplex  .was  described  by  Bosschn,  Kramer 
and  otliers,  because  they  had  the  instruments  that 
would  send  duplex ;  you  know  that  historically,  do 
you  not  ? 

A.  I  know  it  historically,  but  not  from  tlie  fact. 

Q.  You  know  it  as  a  matter  of  record  in  the 
books?  A.  Yes,  generally. 

Q.  And  that  the  problem  or  quadriiplexiiig  was 
then  solved,  when  this  duplex  was  made;  it  was  so 
stated  by  the  early  inventors,  was  it  not  ? 

A.  [  consider  that  the  problem 1  was  solved,  but  l  p; 
don’t  remember  that  1  ever  saw  it  so  stated. 

Q.  The  fact  is,  it  was?  A.  Yes,  sir. 

Q.  The  problem  was  solved  when  duplex  was 
once  made?  A.  Yes. 

Q  And  before  these  things  were  done  contra- 
plex  had  been  invented  by  Krisclmn  and  others  < 

A.  T  have  so  rend. 

Q.  And  tlint  principle  of  cont. iiplex  is  applicable 

to  any  number  of  sending  instruments.  It  you  can 
arrange  1  \  number  or  sending  instruments,  and 
to  receive  at  the  other  end  a  corresponding  num¬ 
ber  or  receiving  instruments,  then  you  can  apply 
lliocmilraplex  principle  to  the  Kramer,  as  well  1. 
if  there  was  only  one  sender  ami  one  receiver  . 

A.  V should  think  so. 

Q.  Therefore,  Hit  only  question  left  to  an  inven¬ 
tor  how  is  .0  make  some  modification  o  a  duplex, 
and  then  lie  lias  got  a  modified  qundriiplex? 

q.  And'  when  Edition  modified  that  duplex,  by 
leaving  out  one  of  the  thiwrelnys,  and  reducing  it 
to  two,  using  Hie  reverse  currents  and  increase  cur- 


rents,  lie  Hindu ii  moililienlion  of  the  duplex  that  ini- 
proved  llml,  instrument! 

A.  Yes. 

Q-  "’hen  did  yon  lirst  hear  the  expression  Mint 


Q.  You  didn't  know  that  it  had  been  used  in 
this  Court  before  you  were  u  witness! 

A.  1  don’t  remember  of  having  beam  it. 

Q.  In  the  design  iMl,  when  an  increased  current 
is  Unwins  to  make  the  signals,  it  is  liable  to  be,  and 


Q.  And  then  it  nets  upon  its  neutral  relay,  using 
both  the  reversed  and  the  increased  enrrunts  to- 
.  gel  her  i  A.  Yes. 

I7f)(!  Q-  Alu*  •I'n  things  are  very  thoroughly  mix¬ 
ed  together,  are  they  not ! 

A|  m’  i'1'  ’  "nt  Sll.v  that,  because  they 

Q-  The  instruments  discriminate  them,  but  the 
tilings  MlciiiscIvus,  the  signals,  are  thoroughly 
mixed  together,  are  they  not ;  the  impulses  or 
waves  of  electricity  are  very  thoroughly  mixed,  are 
they  not,  on  i  lie  line ! 

A.  If  r  had  to  use  the  word  “mixed.”  I  should 
use  it  in  a  diiTerunt  sense. 

Q.  Well,  give  me  a  better  word  and  I  will  use  it ; 

I7<17tU  'gl  1  t  1  til  little  more  Johnsonian! 

1  A;  »  ineclianicnl  mixture  and  a  chemical 

combination. 

Q.  You  consider  any  coalition  of  electrical  im¬ 
pulses  is  either  mechanical  or  chemical ! 

A.  I  use  that  simply  as  a  form  or  symbol. 


Q-  It  is  contact  rather  than  coalescence! 
A.  Yus;  that  is  nearly  the  idea. 


Hi/  Mr.  Dickerson : 

Q.  A  current  or  wave  of  electricity  or  what 
ever  it  may  be  (I  suppose  you  do  not  know  anj 
more  than  1  what  it  is,  but  it  is  called  «-  cnrrent  u 
electrical  language)  is  passing  over  the  ; 

whole  batterv  course,  and  the  operator,  who  want, 
to  operate  his  reversing  instrument, proceeds  o  bom 
a  set  of  dots,  tap,  tap.  tap,  like  that, while  the  tui 
rent  is  going.  Now,  while  he  does  that  the  cut  rut 
sways  backward  and  forward  through  both  mstru 
ments,  don’t  it!  A.  Yes. 

And  the  signals  that  are  to  be  segregated  In  the 
polarized  relays  are  the  same  exactly,  and  a  cm 

bodied  in  the  same  wave  with  the  signals  that  an 
to  be  segregated  by  the  neutral  relay,  are  the) 

n°Q.  Then  so  fur  as  they  are  on  the  him  they  nr< 
mixed  together  on  the  wire,  are  they  not  . 

A.  I  should  call  it  mechanically  mixed. 

Q  The  instruments  segregate  them  .  A.  xes. 

Q.  That  is  just  the  same  in  Kramer  s  machine  I 

V  L  should  not  consider  it  so. 

Q.  The  currents  are  mixed  in  Kramer’s  machine 
1,1  A^Tshonhl  call  it,  in  the  case  of  lidisou’s  ma 

iSio”.s»sr"S.»  o.ta., 

chemical  cmnhination.  .  ..  .ion  oi 

Q  You  think  it  is  a  chemical  combination 
the  line  ill  one  case,  and  the  other  a  sen  t 
chanical  mixture  or  combmntion A-  ^  8(J( 

Q.  You  cannot  see  tliose  tilings  > 
the  current,  can  you ! 

q.  Is°it  not  visible  to  the  miked  eye  ? 


so  lar  as  you  know,  hy  which  tlu:  quality  or  m 
ture  could  he  distinguished,  mid  if  so)  in  wl 
liook  of  authority  do  you  liml  Mint  distincti 
winch  you  now  make ;  I  am  now  speaking  of  tl 
mixture.  Do  you  know  of  any  hook  or  autliori 
winch  speaks  of  this  mixture  as  being  in  one  ea 
a  mechanical  mixture,  and  the  other  case  a  then 
cal  combination? 

A.  I  don't  know  of  any  suck. 

Q.  Now  you  said  that  you  don’t  know  of  a i 
book  in  which  I  hat  distinction  is  given  ! 


"s  1,10  Kl“"»cr  machine, 
of  l  :L'.,  ,  -f  ‘V  re.Ceive  tl,e  s'Sna|s  or  any  pa, 
oi  un-in  b\  a  single  instrument,  but  on  the  otlic 
bond,  with  an  apparatus  arranged  like  case  !)!),  vo 
niigh!  apply  a  single  [instrument  and  receive  ill 
signals  at  will. 

Q.  Then  I  understand  your  distinction  is  this 
‘  UU"L1  moclune  as  organized  takes  Mire 
:  •  f>  ,o  segregate  these  ini])iilses  ?  A.  Yes. 

wifh  two?"AJY,,fliSO",S  i"S"'"mont  h  is  (I°" 

ofMie1,,,"-'S/lliU  tothecharacte 

of  the  mixture  on  the  line  ?  A.  I  think  so. 

tore  i  T  ?“k  flmt  sh,nv's  "  ^’Ifci'ciice  in  the  mix 

•Q.  Kramer’s  machine  would  segregate  this  me- 
mixture  just  the  same  a.s  Fdiso  ’s  v, 
instruments,  would  it  not?  Ulison  s  hu 

A.  I  don’t  think  that  exactly. 

Q-  This  drawing  on  the  blackboard  has  two  no- 


larized  relays  It1  and  It3  ;  that  is  correct, isn’t  it? 

A.  Yes. 

Q.  But  on  each  of  them,  is  in  fact,  only  one-half 
of  what  we  now  call  a  polarized  relay  ? 

A.  I  think  it  might  be  so  called ;  yes,  sir. 

■  Q.  And  the  reason  is  that,  one  has  n  north  pole, 
and  the  other  has  a  south  pole  relay  ?  A.  Yes.  1804 

Q.  The  two  being  put  together  side  by  side  ? 

A.  Yes. 

Q.  The  north-relay  acts  on  one  part  of  the  circuit, 
and  the  south  relay  acts  upon  the  other  part  of  the 
circuit?  A.  Yes;  or  another  circuit. 

Q.  They  divide  the  reversal  between  them,  one 
acting  upon  one  polarity,  and  the  other  upon  the 
other?  A.  Yes. 

Q.  And  in  this  machine  of  Mr.  Edison’s,  lie  puts 
the  two  together,  and  makes  the  one  tiling  segre¬ 
gate  the  reverse  currents  without  dividing  them 
into  two?  A.  Yes. 

Q.  And  that  is  about  whnt’Mr.  Edison  did,  isn’t 

it?  A.  Yes;  I  should  call  it  so. 

Q.  You  don’t  mean  to  disparage  Mr.  Edison’s  in¬ 
vent  ion? 

A.  Not  in  the  least. 

Q.  Kramer’s  machine  is  a  practically  operating 
machine,  is  it  not? 

A.  You  mean  whether  it  is  being  operated  at 
present  ? 

Q.  You  put  these  two  relays,  It1  and  H*  right 
face  to  face,  witli  one  armature  between  them,  and 
make  them  do  all  they  do  there.  There  is  no 
trouble  about  that,  is  there  ?  '  1806 

A.  I  think'  I  see  certain  troubles  that  might 
arise. 

Q.  Don’t  you  think  you  could  do  it? 

A.  I  might  by  the  exercise  of  some  invention. 

Q.  Now,  that  machine  is  a  practically  operating 
duplex,  is  it? 

A.  It  would  operate  very  slowly. 

Q.  It.  is  not  as  fast,  as  some  others?  A.  No,  sir.  • 


Q.  It  will  send  at  the  rate  of  25  or  80  words  per 
minute? 

A.  I  hardly  think  it  would  respond  to  ns  high  a 
rate  of  speed  as  that ;  I  can  see  some  trouble  that, 
would  arise. 

,  Q’  Bllt  n,oae  t,  ol,llles  «'  o  ineidental  to  the  slower 

1807  processes  of  the  electro-magnetic  machine  t 

A.  Setup  in  that  shape. 

Q.  It  is  the  slower  electro-magnet  that  does  it  t 

[Mr.  Dickerson  reverses  the  black¬ 
board,  and  the  drawing  of  the  wit¬ 
ness,  Ex.  V,  is  exhibited.]  . 

Q.  You  said,  among  other  things,  that  in  vonr 
judgment,  that  machine  set  up.  as  yon  have  shown 
on  Jsx.  \ ,  was  substantially  the  same  thing  ns  01). 
didn’t  you !  b 

A.  Substantially,  as  respects  the  object  tolienc- 

1808  coniPhshed. 

duplex  i  '1  'S  fOSil,V’  i(  semls  quadruplox.  and  sends 
A.  It  sends  duplex. 

Q.  But  it  is  the  same  in  the  sense  in  which  you 
use  the  words— substantially  the  same  ? 
word1  expame<1  fho  Sl!nsu  which  T  used  the 

Q.  Kramer’s  machine  sends  diplex ;  is  that 
substantially  the  same  as  01),  in. that  respect!  • 

">  >"«  “ki“ '» '» 

ieo».*.Sf £££&“.  *'”  "■  «*•* 

A.  As  respects  the  object  to  be  accomplished. 

Q.  Because  they  all  send  duplex?  A.  Yes 
lA  -V  C0,,W  n  is  that  Ex  V, 

— razttsxssis 


653 


Q.  In  respect  to  sending  and  receiving,  it  is  sub¬ 
stantially  the  same  in  the  same  sense  that  Kramer’s 
machine  is,  isn’t  it  ? 

A.  In  respect  to  the  object  to  be  accomplished. 

Q,  I  will  show  you  E  XvP,  which  is  Edison’s  auto-' 
matic  quadruplux.  You  have  seen  that  before, 
haven’t  you  I  1810 

A.  I  have  seen  it,  but  1  haven’t  studied  it. 

Q.  Yon  can  tell  what  it  is  in  a  moment  ? 

A.  No,  sir,  I  cannot ;  it  lakes  sometime  to  study 
anything  of  that  kind  out. 

Q.  You  sue  in  looking  at  it  that  it  is  an  automatic 
bridge  invention,  don’t  you'! 

A.  It  looks  like  that ;  I  will  not  say  that  without 
further  and  closer  examination. 

Q.  You  have  no  doubt  that  it  is  ? 

A.  I  should  liku  to  study  it  a  little  more  before 
l  answer. that  question  more  delinitcly.  It  may  be 
something  else,  but  it  looks  to  me  like  that.  jejj  j 

Q.  I  will  call  the  attention  of  the  Court  to  it, 
and  I  will  make  an  explanation  in  the  form  of  a 
question  which  you  can  answer  in  the  affirmative  it 
you  assent  to  it  or  otherwise.  That  apparatus  in 
the  left  hand  upper  comer  of  Iigure7,  represents  this 
fact,  beginning. at  the  pointer  acute  angle  to  the 
left,  the  current  from  the  battery,  when  it  reaches 
that  point,  divides  into  two  parts,  one  part  of  it 
goes  hi'  the  upper  line  out  to  line  to  the  other  end, 
and  the  other  part  goes  by  the  lower  line  marked 
K«,  coining  to  tlie  intersection  of  the  vertical 
wire,  and  thcn.it  goes  through  the  vertical  wire  to 
ground.  The  current  that  passes  through  in  those  18 12 
two  directions  will  pass  in  the  inverse  ratio  of  their 
conductivity,  Electricity  does  not  use  the  shortest, 
cut  to  escape,  but  it  goes  like  a  river  emptying 
through  many  mouths,: each  of ‘those  mouths  tak- 
ing  u  portion  of  the  stream  in  proportion  to  its 
conductivity  of  the  water  ;  so  electricity  goes  in 
proportion  to  the  conductivity  of  its  outlets! 

A.  That,  is  correct,  with  the  exception  that  in  the 
ease  of  the  mouths  of  the  river  one  may  empty 


m 

more  Mum  another,  according  to  its  capacity  for 
con  dueling  tlin  water. 

■  Q.  The  whole  thing  goes  out  by  the  millets  in 
proportion  to  their  conductivity  I  A.  Yes. 

Q.  Then  Mi-.  Whoatsone  discovered  this  law,  and 
a  very  beautiful  ami  interesting  one  it  is,  tlmt  the 
181 3 proportion  between  the  resistances  of  the  line  lie- 
tween  the  point  where  the  current  divides,  mid  the 
point  where  the  cross  bridge  or  cross  wire  inter¬ 
sects  it,  and  the.  resistances  between  that  point,  and 
the  earth,  is  the  same  proportion  as  that  which  ob¬ 
tains  between  the  resistances  beginning  at  the  sep¬ 
arating  point  and  running  down  the  wire  towards 
the  ground,  until  we  reach  the  point  or  inter- 
section  again,  and  then  the  resistance  goes  from 
that  point  of -intersection  to  the  ground.  If  the  re¬ 
sistance  or  these  two  lines  are  in  the  same 
proportion,  then  no  current  will  pass  the  bridge.  • 
1814,ll"is,  if  the  resistance  on  the  upper  line 
be  1  between  the  intersection  point  and  the 
bridge  end,  and  be  2  from  that  bridge  to  the 
ground,  and  the  resistance  from  the  separating 
point  to  the  lower  end  or  the  bridge  be  10,  and  hom 
the  lower  end  of  the  bridge  to  the  ground  bo  80, 

.  "  '"'es  of  the  two  resistances  will  lie  the 

same,  one  will  be  twice  as  great  as  the  other,  and 
unde,.  H  ,  „  „  ,  ts  „„  ullrr6llt  wi„ 

bridge;  that  is  correct?  A.  Yes. 

Q.  Therefore,  by  putting  into ‘the  bridge  an  in¬ 
strument  of  any  kind — a  relay,  and  sending  a  cur- 
th,°  8e,ulI,,S  °»<1,  that  relay  will  not.  be 
lSloeflected  by  the  outgoing  current,  because  it  is  pro- 

tectedby  the  law  I  have  stated?  A.  Yes. 

ttosim -y  "‘i  o'struniont  in  the  upper  corner  of 
guro  7  shows  the  two  nutonintio  receivers  in  the 
tl  fnH,0110^  }v.u<;'.1'8  “diluted  by  reversals,  and 
the  other  of  which  is  actuated  by  increase  < 

Q.  So  that  there  is  a  chemical  automatic  quadrii- 
plox  as  shown  in  those  pictures  ?  A.  Yes.  ■ 

Q.  I  also  show  you  another  patent,  dated  No¬ 


vember,  187-1,  which  is  Ex.  N.  That  patent,  you 
will  take  notice  was  issued  to  Edison  and  George 
-Harrington,  and  that,  is  a  contraplex  chemical  pat¬ 
ent,  using  only  chemical  senders  and  receivers  like 
the  automatic  ?  A.  Yes. 

Q.  So  that  you  have  in  existence  here  first  a 
patent  to  George  Harrington  and  Edison  for  an  au- 1810 
lomutio  contraplex,  and  you  have  also  in  existence 
a  quadra plex  automatic  developing  the  same  idea  ? 

A,  Yes. 

Q.  Taking  the  quadruplex,  that  will  send  four 
simultaneous  messages,  two  each  way,  each  one 
going  as  fast  as  ir  it  was  sent  wer  a  single  wire 
without  any  quadruplex  lit  all,  wouldn’t  it? 

A.  1  think  it  would,  but  1  have  not  studied  it  out. 

Q.  It  ought  to,  theoretically  ? 

A.  I  think  it  would  ;  in  my  judgment,  it  would. 

Q.  There  is  no  reason  that  you  know  of  why  it 
should  not?  A.  No,  sir,  with  one  exception,  to  lgl7 
which  I  would  like  to  call  your  attention  Tor  infor¬ 
mation.  In  Ex.  P  there  is  no  shunt. 

Q.  The  shunt  is  a  well-known  device?  A.  Yes. 

Q.  Put  in  Ex.  P  what  is  a  well  known  device. 
Would  it  send  four  simultaneous  messages,  two  each 
way,  as  fust  as  one  message  could  be  sent  over  one 
wire  on  the  Bain  plan  ?  A.  Yes. 

Q.  And  the  other  one  a  duplex,  would  send 
two  in  opposite  directions  as  fast  as  one  could  bo 
sent  oyer  a  single  wire  i 

A.  T  think  it  would  ;  my  opinion  is  it  would. 

Q.  That  being  the  stnlo  of  I  ho 'nit,  having  those 
chemical  qmidruploxos  and  chemical  duplexes  1818 
capable  of  sending,  wo  will  take  your  lowest  figures. 
fi()0  or  2,000  words  over  one  wire— 

Mr.  Wheeler.— Wo  didn’ t  say  that. 
lit/  jl fr.  Dickerson : 

Q.  When  you  said  that  you  could  send  BOO  words 


Wrnmmm 


ii  niiniili;  by  your  machine,  did  you  mean  in  t 
regular  course  or  business,  practically  ? 

A.  Yus,  sir,  in  iiractieal  business. 

Q.  Your  men  stand  idlu  three-fourths  of  the  tim 
don't  they  ?  A.  No,  sir. 

Q.  They  stand  idlon  good  deal  of  Lite  time  ? 

•  A.  It  depends  verymncli  upon  the  amount 
business  to  be  done. 

Q.  On  an  average,  how  much  timo  are  they  ei 
ployed.  V.  hat  proportion  ?  They  spend  a  got 
“  ,  oClime  leading  newspapers  and  niuusingthcii 

selves,  don’t  they  ? 

A.  No,  sir,  they  are  not  allowed  to  amuse  then 
selves;  they  are  unemployed  some  or  tile  lime 
J  don  t  know  exactly  the  proportion. 

Q.  A  good  deal  or  the  time  ? 

A.  A  certain  portion  of  the  time  tiler  lire. 

0-  because,  the  thing  is  so  fast  that  it  dost 
l-'O !  ,  ""smess  out  with  a  rush,  and  they  are  out  of 
job  so  to  speak  ? 

A.  It  depends  upon  the  amount  of  business. 

V  llliu,.v  uiessages  do  you  put  on  a  reel  ! 
A.  h  ive,  generally. 

Q.  And  you  semi  those  messages  with  a  jerl 
oi  er  dm  line,  and  when  they  are  sent,  and  miles 
.  f  s°!"°  «l>'ers,  the  men  have  nothing  to  do 
A.  Yes,  that  is  the  ease. 

tw  „Aml  •y.0V  S(“'"1  tllel"  "S'lt  straight  along  ii 
that  way  all  day  1  A.  Yes,  sir 

Q.  The  capacity  is  oOO  to  800  worilsa  minute? 
oi  nil! 5  wlro '""wtdy  to  dot  hat. 

A  Yus'  y0U  lmV°  lllU  ljusincss  for  it? 

Q  U  “  1  1  1'  x  Ime  would  enable. 

StoS  *?  f:ml  S-000  <t  minute  ovei 
,  1L  10  1  luladelphia,  say  1,000  each  wav  at  tin 

r  two,dd'S1,Ut;(1;,  * 

W-  it  would  work  that  rapidly?  ' 

m.tstbenoiiifoiHm,’t-'Vi,S  "°  There 

must  bci  o  "tterrupho,1  of  the  signals. 

A°U  tl,mk  >'ou  improve  that  capacity, 


by  tlie  introduction  or  that  mechanism  there,  do 
you? 

A.  I  suggested  it  as  practical  for  facilitating 
business. 

Q.  Your  company  has  got  possession  of  these 
things,  as  I  understand,  this  automatic  duplex  and 
quiulruplex  ?  i 

Mr.  Wheeler. — I  object  to  that  question ;  it  has 
not  been  shown  that  we  are  in  possession  of  Ex. 


Mr  Dickerson. — I  will  state  to  my  brother 

Wheeler,  that  we  do  not  claim  that  that  is  an  in¬ 
fringement  or  our  patent,  and  we  would  not  enjoin 
him  from  using  it,  and  I  will  give  a  stipulation  in 
court,  that  the  Western  Union  Company  has 
more  intelligence  than  to  claim  that  as  an  infringe¬ 
ment,  and  will  give  bond  in  8*115,0(10, 000  that  the 
plaintiff  will  not  be  enjoined  from  using  it. 

Mr.  Wheeler. — 1  would  like  that  stipulation  in 
the  record. 

The  Court-. — You  must  take  it  out  of  Court. 

Q.  Do  you  mean  to  say  to  his  Honor  that  by 
putting  these  electro-magnetic  traps  into;ihe  organ¬ 
ization  of  the  quiulruplex,  you  could  improve  the 
capacity  of  the  thing  to  do  business? 

A.  lii  my  judgment,  it  would  facilitate  business. 


Q.  If  you  have  the  quiulruplex,  wliich,  as  you 
have  already  sworn,  is  capable  of  sending  four  sep¬ 
arate  messages,  two  each  way,  at  whatever  rate  of 
speed  a  single  message  could  be  sent  over  a  smglo 
wire,  did  you  mean  to  tell  his  Honor  that  that 
thing  put  upon  that  blackboard  could  bn  put  up¬ 
on  it  for  the  purpose  of  facilitating  the  business  of 
tho  company? 


A.  Yes. 

Q.  Therefore,  having  Mini,  it  would  |)(!  |o  the  in 
ton.'st  of  tli(>  company  to  put  in  tl  i 
tmps  to  improve  thuir  cn]>acity  for  business.  Ii 
tlml.  what  yon  swear  to? 
jgo-  A.  I  do,  lint  I  would  like  to  explain. 

A.  1  don’t  wish  any  explanations,  I  until 
an  nnwer  to  my  question.  My  question  is 
tins: :  1  lit ving  the  automatiu  quadruplux  shown 
on  Exhibit  P,  and  having  in  operation,  al 
Poston,  a  machine  eapahle  of  sending  font 
messages  as  fast  as  one  could  be  sent  over  a 
sniglu  wire  without  the  quadruplux  attachment,  do 
}ou  mean  to  tell  the  Court  that  it  would  bo  an  im¬ 
provement  of  the  capacity  of  those  two  things  to 
put  Ibis  mechanism  or  these  electro  magnet  traps 
shown  on  the  blackboard  into  that  organization ! 

■  •  4  1110:111  to  say  that  it  would  facilitate  thebusi- 


et  oir  more  messages  a  day  by  this 
if  you  used  the  automatiu  quad- 


Q.  1  am  speaking  or  anoidinary  regular  business 
W; ;  you  think  you  could  get  olf  more  messages 
111,111  if  j  on  used  the  quadruples  1 
A.  Tn  my  judgment,  we  could. 

(J.  Ton  stated  to  the  Court  that  the  sending  of 
signal  '°  K'  from  the  receiving  end,  redimed 
the  capacity  of  the  automatic  machine  00  per  cent.! 

C)h  ■  A.  About  that.  1 

°",y  ,ms  34  Pw  0011t.  or  the  ca- 
pautj  it  would  have  if  they  didn’t- send  back  “0 
n  v'  At‘S’  or  one-thhal. 

A.  In  niy  judgment,  I  think  it  would. 

y.  -that  is  a  question  of  arithmetic,  and  wo  will 


•y  to  solve  it ;  that,  is  a  simpler  matter  than  the 
mtdruplox  i  A.  Yes. 

Q.  Would  not  tile  increased  capacity  amount  to 
30  per  cent,  in  place  of  00  i 

A.  The  increased  capacity  of  the  whole  line. 

Q.  ft  would  increase  the  capacity  of  the  line  280 
or  cent,  instead  of  00,  would  it  not !  1828 

A.  The  whole  line. 

Q.  You  told  tho  Court,  didn’t  you,  that  the  ca- 
nicity  of  your  automatic  wire  was  reduced  00  per 
ent.  l>y  renson  of.the  “  O  K.T” 

A.  Yes, .on  the  signal. 

Q.  Then  you  told  his  Honor,  if  you  get  rid  of  the 
‘O  K”  difficulty,  it  would  increase  tho  capacity 
if  your  wiru.00  per  cent.,  didn’t  you  t 

A.  Yes. 

Q.  I  am  on  a  question  or  arithmetic  now  and 
milling  else.  That  would  increase  the  capacity  of 
he  line  280  per  cent.,  wouldn’ t  it,  instead  of  00  per 
lent,  1  am  merely  testing  your  arithmetic  now  1 

A.  T  don’t  see  how  you  arrive  at  that. 

Q.  You  don’t  see  how  that,  is  done » 

A.  No,  sir.  . 

Q.  That  is  simpler  than  the  qmulrtiplex,  isn  t  it  i 

q'  Your  machine  is  reduced  to  the  capacity  of  34 
minutes  in  ion.  If  you  took  away  this  hindering 
cause,  then  tile  machine,  instead  of  having  a  capaci¬ 
ty  of  34  minutes  in  the  100,  would  have  a  capacity 
of  100  minutes  in  100  t  . 

A.  Or  course  it  would  increase  tho  capacity  of  the 
•  machine.  .  .  l8a0 

Q.  I  did  notask  you  that;  a  man  must  have  a 
knowledge  of  mathematics  to  bonn  electrician.? 

A.  Yes. 

Q.  And  a  pretty  good  knowledge  l 


Q.  Now  1  nsk  you  tho  question  whether  nil 
cease  from  3-1  to  100  is  not.  an  increase  of  280 
emit,  instead  of  (l(t  per  rent.  ? 

A.  I  should  say  there  was  a  difference. 

Q;  Between  what?  Isn’t  tile  difference  an 
crease  of  28.)  per  cent,  instead  of  (to  per  cent  i 
1S31  A.  When  the  question  was  presented  to  nit 
stated  that  tliu  capacity  at  the  line  was  reduced 
one-third  of  wlml  it  would  lie  if  (here  was  not 
necessity  of  sending  O  K  ' 

Q.  That  is  its  present  condition.  If  j 
could  remove  that  difficulty,  its  capacity  would 
increased  00  per  cent.,  or  280  per  cent.,  which  I 
A.  It  would  increase  the  capacity  or  the  line  3 
that  amount ;  1  cannot  name  the  figure  withonl 
calculation 

Q.  You  have  just  staled  that  a  knowledge 
electricity  requires  a  knowledge  of  mathematics 


Q-  Schoolboy  arithmetic,  such  as  we  lea  run 
when  we  were  boys  at  school  ? 

A.  ,Mv  meaning  was,  that  we  only  got  lot)  word 
per  minute,  and  that  if  the  necessity  for  sendin; 

,  “id  1101  exist,  the  capacity  would  lai  incrcas 
«<1  three  times,  and  we  could  send  ■lot)  words  0 
thereabouts. 

Q.  So  that,  instead  of  increasing  it  (to  per  cent 
it  would  increase  it  280  per  cent,  or  300  per  cent 
upon  your  last  hypothesis  of  ISO  to  -ISO  ? 

1833  A-  1 lmv«  "sed  the  words  00  per  cent,  and  3  ni 
;  iC  ‘'i  'S  il  ",istak,,>  h  1,!ls  nothing  t< 

do  with  the  actual  business  done. 

Q.  Your  testimony  don’t  affect  the  actual  bus! 

ness  done  or  the  existence  of  electricity,  but!  am 
now  testing  your  capacity  as  an  expert ;  would 
this  be  an  increase  of  00  per  cont  or  an  increase 
of  300  per  cent?  A.  An  increase  of  S. 

ion  don’t  know  whether  it  would  be  an  in¬ 
crease  of  00  per  cent,  or  8(H)  per  cent  ? 


A.  I  should  have  to  figure  that. 

Q.  You  are  not  able  to  answer  that  question  ;  you 
are  not  capable  of  answering  it.  ? 

A.  Ia'111  capable  of  answering  it  with  pencil  and 
paper,  after  I  figure  on  it. 

Q.  Bo  you  still  insist  that  it  is  an  increase  of  3  ? 

A.  .It  is  an  increase  of  three  times.  1834 

Q.  Then  it  is  an  increase  of  300  per  cent,  instead 
of  00  percent,  or  an  increase  of  three  times  instead 
of  3?  *  .  ,  ,  • 

A.  Yes,  but  that  mistake  doesn’t  affect  the  busi¬ 
ness  actually  done. 

Q.  Then  that  makes  the  capacity  of  the  machine 
greater  than  ever— three  times,  in  .place  of  00  per 

A.  it  makes  it  the  same  us  il  was  before  in  my 
own  mind  ;  if  1  have  failed  to  make  myself  clearly 
•  understood,  it  is  my -misfortune. 

Q.  Tn  point  of  fact,  then,  if  the  necessity  of  send¬ 
ing  O  K  were  removed,  the  company  would  be  en- 
alded  to  do  three  times  the  business  it  now  does  ! 

A.  It  would  lie  enabled  to  send  iiOl)  words  instead 
of  lfil).  •  .  .. 

Q.  That  is  more  than  three  tunes?  A.  ves. 

Q.  That  is  nearly  3j  times  !  A.  Yes. 

Q.  A  very  valuable  improvement  to  put  on  that 
machine? 

A.  I  should  consider  it  so.  .  •  '  .  " 

.  Q.  When  a  reel  of  messages  is  sent  to  the  other 
end  of  the  line,  it  is  necessary  to  send  ajs  gnal  back 
is  it—  the  Morso  people  don’t  do  it,  do  they  t 

A  -No,  sir;  but.  if  it  was  t  s  it  l  1  H  igSO 
operator might  send  the  next  reef,  and  might  have 
to  be  stopped,  and  thus  time  would  be.  tort, 

Q.  It  it.  was  understood  that  he  was  not  to  send 
it  back,  the  sending  operator  could  go  right  011  w  ltli 
the  next  reel,  could  he  not  ? 

A.  He  could;  but  if  would  not  bo  sate. 

Q.  In  what,  respect  would  it  not  bo  safe 

A.  He  might  send  the  next  wrong. 

Q.  You  have  got,  if  you  please,  a  dozen  opera 


tors  to  prepare  strips,  nml  you  have  20  to  keep  the 
line  going  ?  A.  Yes, 

Q.  It  would  take  20  operators,  would  it.  not  t 

A.  It  would  taka  quite  a. number. 

Q.  Tt  would  take  20  operators  to  punch  the 
paper,  in  order  to  exhaust,  the  capacity  of  your 
1837^”e?  A.  Yus. 

Q*  Now,  your  lirxt  . .  has  20,  HO  or  -10  on  his 

reel,  and  he  hands  it  to  the  transmitter,  and  he 


Q.  Now,  your  Mrs 
reel,  and  ho  hands 
rushes  it  III  rough  fe  . 

Q.  On  your  lin^yo 
receiver  i  A.  Yes. 

Q.  Which  you  cut 


have  a  Morse  key  and  Morse 


nal,  get  ready,  don’t  lie'  Yes. 

Q.  I  hen  tile  receiver  puts  his  receiving  inslru- 
mont  in  readiness  for  aetion  ?  A.  Yes.  sir. 

8  (i-  A|ul  *••<*  his  paper  rolling ; 

A.  Acs;  when  lie  has  received  the  signal,  O  K. 

Q.  Now  when  you  have  a  ipiautily  of  messages 
to  send  off  yon  say  it  is  convenient  for  you  to  have 
information  at  the  sending  end  that,  they  have  not 
got  spilled  or  lost  anywhere  (  . 

A.  lii  business  that  is  necessary. 

Q.  Then,  for  the  purpose  of  doing  that,  the  man 
at  the  receiving  end  switches  the  Morse  key  in. 
don  t  he  '  A.  They  usually  use  the  Morse  key. 

Q.  He  puts  Ids  linger  on  the  Morse  key  and ‘tap* 
it  thus  (illustrating).  • 

183it  A-  ^’he,  lirst  thing  done  is  rot-  the  receiver  to  give 
the  signal  received  OK,  and  the  sender  sends  back 
oi  taps  the  key  to  show  that  that  OK  has  been  re¬ 
ceived. 

Q.  Tlmt  takes  about  a  second,  don’t  it  ? 
the  signals  '  '0"gU1'  t,"m  tl,"t  ,0  m!eivo  ,,wl  soml 

Q.  A\  hen  you  get  through  what-  you  nne  semi- 
other  business*'  A'  Tf  tll0IU  is  110  oHlo,;  ruo1  ,,,,a 


6  03 

Q.  Yon  come  to  an  end  of  it  somewhere  1 
•  A.  Yes,  when  there  is  no  further  business  to  lie 

Q.  AArhen  you  get  to  the  end  of  it  there  is  a  stop¬ 
page  ?  A.  Yes. 

Q.  Then  the  mail  at  the  other  end  gives  three 
taps?  A.  Ho  sends  the  signal.  1840 

Q.  Three  taps?  A.  AVlmtever  is  agreed  upon. 

Q.  Or  fi  taps  ?  A.  It  has  to  be  definitely  agreed 
upon. 

Q.  Say  it  is  B  taps  ;  he  sends  back  fl  taps  OK  ? 

A.  Yes, 

Q.  That  can  be  done  in  less  than  a  second,  can’t 
it? 

A.  If  he  simply  does  that  without  doing  anything 
else  1  should  think  it  might. 

Q.  AVhen  the  sender  gets  his  reel  ready  to  put  in 
hegives  the  signal  OK  ?  A.  Yes. 

Q.  And  then  you  send  another?  A.  Yes.  1841 

Q.  And  that  takes  Cl!  per  cent,  of  the  time  of  the 
line  to  semi  back  those  two  signals  ! 

A.  It  takes  J  of  the  single  minute  ;  I  say  that  it 
reduces  the  speed  to  ISO  words  per  minute. 

Q.  1  ask  you  it  the  sending  or  these  two  signals 
takes  00  percent,  of  the  time  of  the  line? 

A.  I  said  it  reduced  the  speed  to  1B0  words  per 
minute. 

Q.  This  signalling  OK  is  n  matter  of  precau¬ 
tion?  A.  Yes. 

Q.  In  the  course  of  your  business  your  are  send¬ 
ing  off  reels,  and  you  take  a  certain  time  of  the 
line  to  signal  back  OK;  I  lie  question  I  ask  you  is,  18-12 
whether  you  mean  to  tell  the  Court  that  the  time 
occupied  in  doing  that  occupies  (50  per  cent,  of  the 
time  for  sending  messages  by  the  automatic  over 
the  line?  A.  00  per  cent,  of  the  minute. 

Q.  Of  what  minute  ? 

A.  Of  tlio  single  minute  that  I  talked  of. 

Q.  We  were  not  talking  of  u  singlu  minute? 


504 


Q.  Tam  notnsking  you  whether  llio  time  omi- 
1>,<!,l:i,s  1  ll!lvo  mentioned,  lakes  (HI  per  cent  of-mv 
pnrlMiilnrniiinit^  hut  the  quest . .  p„t  lo  voll 

ttoHonVVn"  ,H!,“lisSi,,T''<>,,seq,iem:etlint  you  Imvc 

,,  V"-  I  understood  the  witness  to  say 

to  the  tninsinis  "J  '  r’  I'Pproprinled 

‘  messages  was  eonsiimod  hv 

question  whStoUmS'*’  ,M,k  ",is 

the  mess-ore  •  1  ”  '  ,ml  1,0  assumed  that 

eontrirv  ‘"V  transmitted  until  the 

sarv  to  se'nd  iellof'n'i'01  I*'*"  'V0,<ls’  'vl,-v  if  is  '"Tes- 

tionvait  until  so  °K  U  is  al1  ««l»t ;  why 
>«ck  word  that  7  ts  *||  '  '  fe  \  1  i‘"'1  ",on 

ISeisignais'thiaarol^'  "  lllout  interrupting  the 
fyl  Mr  Dickerson  : 

thS/w'™*  l,leak  H,° ,nonK!m  hu 

1  “-■•t-'i-  it 

c.m'unt'is  broken  i'  aJ'  yJs.  ‘°  l<!"  ,lu’ 

A.  Idon’Tknow  t0ll‘tal0S  ro,‘  ‘"U'lty  years  ( 

Q-  Many  years  ? 

1840  A  There  ‘have  been  tell-tales  used. 

W.  e  or  many  years  >  \  u 

Q.  You  have  a  tu  |  tub,  o°"‘u  Years, 
haven’t  you  ?  A.  Yes  1  1  ,u  SB,l,h'ng  end, 

end  telegraphs  anuhint  re<;0*'|01'  at  tl,u  °t''or 
he?  1  Uu"hr  «  wrong  he  breaks,  don’t. 

could  noVbe’sont  tU°  11,10  "’aS  broke"  tho  «'gnnl 
Q-  Butl—«ld  know  the  line  was  broken, 


Q.  You  are  an  operator,  nro  you  not?  A.  Yes. 

Q.  Suppose  yon  are  at  work,  you  see  there  is  a 
m<  n  in  i  g  d  you  infer  that  some¬ 
thing  is  wrong  somewhere  ?  A.  Yes. 

Q.  You  break  don’t  you  ? 

A.  Yes,  sir  ;  wo  break. 

Q.  -  What  happens  at.  the  other  end  of  tile  line?  1 84l> 

A.  I  would  press  my  key,  but  in  ease  of  a  break 
in  the  line  the  signal  would  not  be  transmitted,  and 
if  an  operator  was  sending  a  message  on  perforated 
paper,  and  were  to  gut  no  return,  signals  be  might 
continue  on  indefinitely. 

Q.  That  would  be  just  as  true  if  the  qundruplex 
was  used  ?  A.  I  don’t  think  it  would. 

Q.  The  sender  would  know  there  was  nothing 
going  ? 

A.  lie  would  know  there  was  nothing  being  re¬ 
ceived. 

Q.  When  the  line  breaks  the  tell  tale  shows  it 
instantly,  does  it  not?  A.  On  the  automatic.  '8*7 

Q.  Yes,  and  on  any  other ! 

A.  It  does  on  some,  T  don’t  see  how  it  can  be 
done  ou  tlie  automatic. 

.0.  You  have  a  tell-tale  in  the  circuit,  haven’t 
you  !  Q.  We  have  a  sender  in  the  circuit. 

Q.  That  indicates  to  the  sender  whether  the  cur¬ 
rent  is  passing,  docs  it  not  ? 

A.  Not  when  you  send  very  rapidly  injautomatic  ; 

1  cannot  conceive  of  any  arrangement  by  which 
that  can  be  done. 

Q.  Do  you  mean  to  tell  t  lie  Court  and  me  that  a 
tell-tale  ill  circuit  does  not  inform  the  sender  that .  jg4g 
the  ci rcai it  is  broken  somewhere  i 

A.  It'iuight  do  so  if  it  worn  properly  adjusted. 

Q.  And  that  is  wluit  it  is  there  for  ? 

A.  That  is  one  thing. ' 

Q.  That  is  one  thing  that  it  does,  doesn’t  it? 

A.  It  may. 

Q.  In  the  regular  business  of  telegraphy  the  tell¬ 
tale  is  there  for  the  purpose  of  informing  tho  send¬ 
er  thut  tho  line  is  broken  isn’t  it? 


GOO 

A.  Tlint  is  one  of  the  objects. 

ly  mljnsioj1}'1'11 1,e'f0r,n  ",at0ffi,:°  if  "  h 

Ycs!  no  nceident  happens  lo  if. 

Q.  U  performs  ll.s.t  ollice  if  it  is  propwly  ndjusP 
f  A.  it,  will. 

Q-  And  ir  some  marauder  conics  along  ami  nits 

t  . . 

J  on  t  hat  there  is  n  break  somewhere  ?  A.  Yes. 

Q.  And  Unit  would  lie  just  ns  ti  ne  ir  yon  hud  -i 

qnndnii’Iex  orn  (inpiex,  wonldn’tit?  A.  Yes 

ei  v  fo r  Z  no/'""  ?,ll,1.l,0t  1’"'  "»  niacin,,. 
A.  No  sir  1  °r  eul11"8  ",1“  'nfornintion  ? 

Ymilmvo,!! /V  "°n  S°, to  where  we  left  off. 
A.  io,  sir ;  I  don't. 

«s  iSoPaapsr . . 

. «*»>. 

ir  si:,  " L '  ■ ,s "  ■  ,f««  «»*.  •••»•' 

O  -'""Adored  relatively. 

“  *r«*  ■  t  1  5®  Si  ?  ,k’° hvo  “i'vs  ,,r 

Q  Yon",!  h',k°  f  °f  "mt  '">«  day. 

1851  work  of  sn v  O 'h 0n ^ 'work'0 ' ' ’  tlmf  t!lkin«  11  ,l"-v’s 

•he  line,  six-  In, L ^  ,fllu  . . icily  of 

K  book  ?  °’,la  •b,!  oc°npied  in  getting  0 

O  wi1"'1!?"  to  say  that,  „o,  sir 

i: 

mum  of  business  tlmt  l hilion  or  tlio  mnxi- 

use  of  the  signal  OIv  nml°f  '  JL  llonu  'v,t.iiont  the 
"nd  by  „,y  ^'''"“t-ial  observation, 

tually  done.  °  ‘ 10  "  ol'k  that  was  ac- 


Q.  Who  got  up  this  little  piece  of  testimony  be- 
loro  you  wont  on  the  stand.  It  was  discussed  be¬ 
fore,' wasn’t  it? 

A.  The  subject  was  discussed,  yes,  sir;  T  don’t 
remember  that  the  exact  amount  of  time  was  men¬ 
tioned  ;  that  is  an  idea  of  mine. 

Q.  That  was  your  idea?  >852 

A.  Yes,  sir;  if  it  is  a  mistake  it  is  mine,  and  I 
am  responsible  for  it. 

Q.  It  is  a  mistake,  is  it  not? 

A.  It  looks  to  me  so,  but  the  fact  which  I  intend¬ 
ed  to  convey  remains  the  sntiie. 

Q.  Tlie  unfortunate  way  in  which  you  have  put 
it,  gives  a  false  impression  as  to  the  fact  ?  A.  Yes. 

Q.  You  understand  that  drawing  better  than 
you  do  arithmetic,  don’t  you  ? 

A.  I  should  hardly  like  to  say  that,  but  I  was 
going  to  say  that  because  I  made  a  mistake  in  an¬ 
swering  a  question  that  was  put  to  me,  it  ought  not  j  5.-3 
to  be  inferred  I  am  entirely  ignorant  of  arithmetic. 

Q.  I  know  von  are  not,  for  you  have  shown  that 
you  can  add  84  and  00.  What  you  said  about 
that  drawing  in  your  direct  examination  is  correct. 

A.  To  the  best  of  my  belief,  it  is. 

Q..  You  never  saw  that  thing  work,  did  you  ? 

A.  Yes; 

Q.  You  have  got  that  very  thing  up  somewhere? 

A.  Yes,  with  a  slight  alteration  which  I  do  not 
regard  ns  essential. 

Q.  AYhen  did  you  put  it  up ! 

A.  It  was  put  up  Friday  or  Saturday  evening.  18o4 

Q.  Of  last  week  ?  A.  Yes. 

Q.  It  worked  first  rate,  didn’t  it? 

A.  It  worked  very  nicely. 

Q.  About  1500  words  a  miiiuto  i 

A.  I  have  not  tested  it  as  to  tliu  exact  number. 

Q.  You  said  it  would  ? 

A.  I  said  in  my  judgment  it  would. 

Q.  You  have  tried  it  ? 


wotidir ,,of' t,ie<i  th° ex,,ot  n"m,,w  ot  "-olds  it 

O  f„°"  d"l,1’t  1),,f  i(  «"  the  line  i  A.  No  sil. 

with  it »  •  0,1d8  pei  minute  you  could  send. 

O  uT  “  ’?•  !0,tust  so'»«  principles. 

A.  Tt  a,dn  *  '*<»'•  fast  it  would  send  ?  , 

Q-  Why  didn’t  you  try  it  ?  I 

1Rr„  a  ^,r;,f,^yoHdw,i’t^^ 

1850  Q  Ym’v,!'  fc?'  lt  !ls  -P"* 

«s  fast  i  s  i  dl  H,  ",,y  <lo1ubt  bllt  "'at  it  would  run 
them  Imve  .“Ini  B  n,oohnn,“I  ‘«'l*  "ere  not  in 

Q.  An  tiint'mm!/1-  <lo"bt,;  1  tbink  it  would, 
hnvn  |i.,,l  'aelunory  don’t  slow  it  nnv.  We 

without  any  nulohiiim?  w 1  n°T  r°m"tic  telegmi.li 
n  minute  Mr  T)’  r„r  ^  ’  .\,011,^  deliver 10,000  words  | 
A.  Yes.  Ilils  told  us  that  I  .  .  I 

Q.  'i’lmtnmchiiiewilldo  of  course? 

Q-  Wily  do  vn  ^  hk°  t|°  anj'  "-''"'out  trying. 

1857  A.  Because  I  suw^hi?' t,,0r,":i“,0»t 

Bom  doing  so;  believd  h  S  "-1'ul‘  Prevented  it 
applied,  would  send  that  10  "m,!  n"e'  if  Properly 
Q-  COO  words  a  mi,,.. to?  A.  Yes 

•o^ft^aSSfSr*  •0lay  0  "'0„ld  have 
wouldn’t  it.  A  I  don’t  «1°°  aJ8’m,a  l>er  minute, 

Q-  Relay  O  is  \Z  T°,  ”**”*«*  it. 

hngtrap  arrangement  ?t  teS  tho  siSm'ls  on  your 


A.  AVo  wonld  continue  to  receive  signals  on 
chemical  paper,  and  not  on  a  bugtmp. 

Q.  You  think  if  you  left  out  the  mechanical  part 
of  it,  you  could  get  a  current  that  would  operate 
chemical  paper  on  strips  ? 

A.  I  regard  the  bugtmp  as  a  response ;  if  you  left 
that  off,  it  would  make  no  difference  one  way  or 
the  other. 

Q.  When  the  current  of  electricity  oomes  to  the 
point  X  on  this  drawing,  then  you  have  shunted  it 
around  in  two  circuits,  one  through  the  neutral  re¬ 
lay,  and  the  other  through  the  chemical  paper, 
haven’t  you! 

A.  Yes. 

Q.  Taking  that  one  proposit  ion  by  itself,  having  an 
ordinary  Morse  relay,  you  branch  the  wire  before  it 
gets  to  the  relay,  and  put  the  chemical  receiver  in 
that. branch,  and  conduct  that  back  to  the  ground  I 

A.  Yes. 

Q.  And  that  is  the  problem  ?  A.  Aes. 

-  Q.  Precisely  that  case?  A.  Yes. 

Q.  And  nothing  else  ? 

A.  With  an  ordinary  electro-magnet,  yes. 

Q.  You  have  told  his  Honor  that  that  thing  is  ex¬ 
actly  this,  that  having  a  Morse  wire  and  a  Morse 
relay  on  it,  you  have  taken  a  branch  behind  the  re¬ 
lay,  and  have  put  an  automatic  receiver  into  the 
branch  ?  A.  Yes. 

Q.  Precisely  that  and  nothing  more  ? 

Q  You  have,  no  doubt,  that  you  could  send  as 
many  independent  messages  over  the  automatic  re- 
lay,  as  if  the  Morse  thing  was  not  there  ? 

A.  I  would  not  like  to  say  that. 

Q.  There  is  no  difltculty  about  that,  is  there  ; 
you  could  make  as  many  signals  on  the  chemical 
paper  as  if  the  Morse  apparatus  was  not  there, 
could  you  not? 

A.  I  think  I  could.  , 

Q.  A  Morse  relay  wouldn’t  do  any  harm  wonld 

it?  A.  No. 


A  Ncf  ”  Jr°1S°  '°lny  "’01,,(1  not  i,ct>  wo,lI<1  it 

Q.  P.'ltins  it  o„  would  do  no  harm  nnd  no 
good?  A.  les. 

Q.  And  (lint  is  the  way  it  is  j„  this  drawing  Kx. 

lfin  ' . .  Inn  Unit?  A.  Yus. 

’  to.n St-al°(I  "mt  tllu  lnilSnut'0  will  |, olp  the  an- 

T  : ,  TT  H;wt’ did,fl  >■•>« *  A-  yU 

nnit'ic  it { '  ‘,1,son’s  I,ak‘nl  improved  „„,0. 
A.  T  believe  it  to  be  so. 

do2'tl,,,oyttli,nti0  *  1  ■  ■'  -it. 

A.  They  use  it. 

l°-  "Mt  «^»-*»"8»«t  the 
.  >s  Jli, 1 1  n  .ike  it  a  receiver,  (lint  does  not  do  anv¬ 
il  ig  towards  keeping  it  in  the  respect  i„  which  ‘it. 

,  *  rto1 vou,,.!r*,,,vr i,,lE,u?o,,’s  it? 

ISC2  •  1)0  3  on  nie.ui  the  electro-inagnct  O  i 
Ve-  aos.  A.  No.  sir. 


ealQ1'(.!.;.'iv':r1li,'Vi"a  V.  tho  lower  oho, n 

f'tl  , ;  J  ; 

.nlSi.l;:i,l^\r.dei,u,,,is  °n «» “>0^ 

A.  Yes  sir  S  '  1,0  Slsm,ls>  do(is  it  «ot  ? 

signals  tol  word ‘f,""  "l,;ru  "••“’about  1C 

V  I  1,VW1S°.  are  there  not? 

thing  close  to  It  °  "V0,'"Se  oitllel>  «'»t.  or  some- 

3B=S»3a» 


Q  You  told  tho  Court  that  tins  upper  electro 
magnet  would  work  500  words  a  minute  ? 

£  lt  would  work  1500  words  on  tho  neutral  side, 

TvTSSrW-  It.  bn.  II...  b  your  H-.  « 

II 1.1  wort.  »>'  «iik1..  tb."  m 

"'o’  You  think'it would  do  that,  do  you  !  Perhaps 
T^nhelo  vo  You  said  that  by  putting  in  he 
Hughes  magnet— A*.  [Interrupting.]  The  Hughes 
magnet  was  in  relation  to  the  transmitter. 
q.  That  is  the  means  of  accelerating  tlie 

machine;  you  said  you  could  do  that  ? 

A.  If  I  remember  right  it  "as  on  t 
‘TSSta  the  series  ot  the  machine? 

Q.‘  And  by  its  use  you  would  hurry  up  the 

Tfone  side — whichever  side  I  put  it  on. 

Q.  Whichever  side  you  would  put  it,  you  woul 
nreolorato  the  machine  ?  A.  Yes,  sir. 

Q.  Y-ou  know  all  about  tlie  Hughes  magnet 

A.  I  liavo  studied  tlie  way  hi  which  it  works,  but 

I  have  never  seen  the  magnet  itself:  wont. 

pulin  „..U  .Ul»,  -  «**  It  wg  >  f  “  “ 

magnet  with  immense  rapidity  Id  S 

the  particulars  how  it  does  it  ? 

rangement. 


Q.  A  man  might  stand  there  and  put  it  back  ? 
n  4-“  . . 

>Q  a* «  :s5  lx/.," 

wlienwasit;  «  l»o  (old  you  of  it, ‘and  wh“r0  c„a°t 

srrr  df^ <;,f 

...Zit  'd  "'",1  ge,ltlt,"*.‘  "bo  arc  posted 

it  ?i,aUoI!l  !“'?Vl,e  "»•«"««  posted  on 

I  'h-ive  told  in  »»}'  other  way  Mian 

work  it  J.w  ,  <’  I'f  *V.’  l,mt  nf,ur't  bad  done  its 
A.  Or  a'  pS sS,gV"  ,,0Si'i0"  ^  «'«*-"«»*  » 

!«8ae?w£;"it'w!:,S  "M.t  m"la  lest™  *  >lmt.  .11.1  not 
A  T  I,  ““"""S  down  ? 

Mint.  1  °  1,01  meil"  I,e  ""del-stood  as  saying 
Q.  That  is  true  ; 

tiling — (iVthor a'snriile ' !,?. I,S  '"’'i".1"1  P,ace  !“-v  «ol»o- 
Q  jf,  eannot  l!  01  so,"ol;hing  of  the  kind, 
spriii"  would  iLwimi-!*  -V.U  8I,rine>  because  the 
pull  n  back  *  d  coining  down  after  it  would 


vibr  ,te  wit  ,  «  id  t  ’!°  help  it 


rapid  action  by  reason  of  tlie  fact,  among  other 
things,  that.it  is  not  raised  by  a  spring  1 
A.  Its  extreme  rapidity— yes,  sir. 

The  Court. — -The  application  of  a  spring  would 
retard  it?  A.  To  some  extent. 

Q.  And  when  it  does  act,  there  is  no  way  for  re- 1 
turning  the  armature,  except  some  mechanical  con¬ 
nivance,  or  you  might  have  a  man  stand  there,  and 

P’q  'do' you  think  that,  would  be  a  good  thing  to 
put  in  a  telegraph — to  have  a  clock-work  to  put  it 

'"a!  \t  was  understood  there  were  some  means  to 
put  it  back. .  „ir 

Q.  Would  that  lie  a  good  plan  1  A.  Ao,  sir. 

6  Would  a  clock-work  be  a  good  plan  ? 

A  Means  might  lie.  invented  by  which  it  would 

be.  ,  18 

Q  You  don’t  think  of  any  at  present 

’■'I’irSEl  UK.  ,»««!.»  ».«»••' . 

TS  «* •»  *  >»»*■  ■■  H"'““ 

"Tin,  i„,l  retrace  i'>  '»y  timiigon*“>  «■ 1 

SSSSS’tS 

pose  of  acting  under  the  reversals  of  mu  rents? 

^SrtrjsssrJsrsss 

and  the  other  under  the  p°sit»vo ^current 
other  is  acting ?  A.  h«o,  sit. 


IJ.  Tlint  is  it?  A.  Yes,  sir. 

Q.  'J’lmt  is,  ns  you  understand  the  instrument  ? 

A.  That  is  the  way  I  understand  it. 

Q.  You  are  sure  you  are  rigid  in  that! 

A.  Well,  I  am  sure  of  the  fact  itself,  but  I  am 
not,  certain  ns  to  the  exact  manner  I  have  stated  it, 
1  but  1  think  I  am  correct. 

Q.  You  mean  to  say  to  the.  Court  that  one  of 
those  pens  is  the  marker  when  the  positive  currant 
is  passing,  and  the  other  pen  is  the  marker  when 
the  negative  current  is  passing  '  A.  Yes,  sir. 

Q.  So  that  if  they  are  put  side  by  side  there  will 
be  two  parallel  lines,  one  of  which  would  be  the 
complement  to  the  other ;  one  tilling  the  gaps  that 
the  other  left? 

A.  They  would  not  mark  at.  tiie  same  time  ;  that 
is  what.  I  want  to  get  at. 

Q.  Suppose  these  pens  were  put.  side  to  side,  and 
the  paper  were  passing,  then  the  negative  point 
would  make  its  mark,  and  the  positive  would  not? 

A.  Acs,  sir;  that  is  the  idea. 

Q.  And  then  when  (lie  current  was  reversed  the 
positive  would  make  a  mark,  and  the  negative 
would  not  i  A.  Yes,  sir. 

Q-  And  if  yon  were  reading  it  you  would  read  it. 
as  if  it  were  one  continuous  line?  A.  Yes,  sir. 

Q.  That  is  your  idea  of  the  machine  ? 

A.  Yes,  sir. 

Q.  You  understand  the  machine? 

A.  Yes,  sir;  thoroughly. 

Q.  What  becomes  of  the  current  which  passes 
from  this  negative  point  when  it  is  doing  file  bnsi- 

A.  It  is  there  still,  but  in  obedience  to  a  law— I 
think  it  may  be  called  a  law— it  will  mark  only  on 
the  side  of  the  paper  connected  with  one  particular 
P°>°  °r  tll(J  battery.  The  other  does  not  mark. 

Q.  \\  hat  becomes  of  the  current— we  have  our 


,  itnnsscs  on  the  paper,  using  .the  paper  ns  .  i 

.«  L other 

J;  they  both  co-operate  in  making  any  mark  that 
either  makes  ? 

\  No,  sir ;  I  don’ t  mean  to  say  so.  7  q 

rjs&ssrtzsi**** 

being  pressed  on  the  pnpu  1  \  flows  from 

ses,  whether  posits  e  .01  nc  at  llol 

each  forming  a  part  oi  >'  ,  of  lll0  decom- 

that  is  put  on  the  paper  is  11 tll!lt  cun.ent 

misses  across  11 tom  om. »  . 

A.  At  the  point  or  the ,ym  -  ’  t'0  tlie  other , 

QV  ^XfirS^S-rfipmtseparately. 

Q*  Have  you  seen  it  operated  ? 

go  across?  A.  m  teU  about  it  in  his 

Q.  Bid  you  hear  Air.  hdison  u-i 
examination?  A.  No,  s'''-  A.  Yes,  sir. 

q.  lie  is  the  inventor  of  that  thing|  ,|0  wollU1 
q,  if  lie  said  that  is  the  way 

he  wrong?  viu-ht  with  some  styluses, 

A  He  nmy  have  been  ut1” 

the  way  I  expressed  it.  „uut  o  prevents  an 

Q.  That  is  to  say,  that  tin- »  « tho^,ens  when 

nnd  at  ■** inatmt' 


when  Micro  is  nothing  going  on  the  line,  ym 
Hint,  didn’t  you  ? 

A.  I  don’t  remember  ns  to  those  exact  word: 
it  was  mi  idea  like  that. 

Q.  That  it  did  the  same  business  ns  the  hug 
you  said  that,  did  you  not  ? 

ISM  A.  It  does  other  work  besides  doing  that. 

Q.  But  it  does  that,  does  it  not:  von  said 
did  you  not?  ' 

A.  AVell,  it  would  have  been  true  ;  I  don’ 
member  whether  I  said  that  or  not;  that  is  tri 

Q.  It  is  either  true,  or  it  is  not  ? 

A.  It  would  help  in  that  . ease. 

Q.  If  it  would  help  at  all,  it  would  help  in 
way.  Let  us  get  the  difficulty  out  lirst.  \ 
the  current  reverses  there  is  for  the  instant  n 
rent  on  the  line?  A.  No,  sir. 

Q.  And  therefore  there  would  be  a  break  i 
lS80]"ark,  which  these  pens  or  either  of  them  . is, 
mg  on  tin  11  i  il  ss  milling  helped  it  ? 

A.  There  is  a  break  already  between  the  mu 

Q.  Hear  me  out.  Those  two  pens  are  on  It 
crease  side  of  the  machine?  A.  Yes,  sir. 

Q.  Now,  suppose  whoa  we  are  running  a 
out  on  the  increase  side  the  current,  is  reversed 
or  three  times,  as  it  will  be  in  a  dash  ? 

Q.  Then  under  those  circumstances,  if  tlui 
versa]  causes  a  suspension  or  the  current  lliri 
one  or  other  or  both  or  these  pens,  then  there 
lle  iL  vai"lnt  space  on  the  paper,  not  marked,  v 
1881  there  ?  A.  Considering  across  the  paper ;  yes, 

Q.  There  will  lie  a  cessation  of  any  mark  oi 
paper  at  the  time  when  there  is  no  current  ? 

A.  Yes,  sir. 

Q.  And  that  would  be  the  false  signal  which 
say  this  machine  guards  against  ? 

A.  I  considered  it  only  partially  in  referem 
that ;  it  would  act  that  way. 

Q-  Lot  us  get  it  exact.  If  there  was  that  ii 
rnption,  ns  there  is  the  interruption  of  the  cm 


Z’X  ,  n  •  tto,  f.o  “ 

Minting  a  signal  ?  1882 

Mutilating  (!Xlent  but  not  so 

ingle  pen 

f  Nevertheless 

lV  that  the  mutilation  of  t  m  •  b»  ^  t)lu  ,wel.. 

mcans’of  that  electro  magnet 

,  did  you  not?  .  .  i t  remember  . 

A.  1  might  have  said  so,  1 
hether  I  did.  _  ,  , 

Q,  Did  you  iih.hu  o  ^  .  t  or  not.  ISRS 

A.  Ido,,’trei.mu,ber  «  iud  th(j  machi.m, 188 

Q.  Is  it  true,  as  ><>«  '  ic  there 

Q.  Then  there  is  no  w- 

against  mutilation  ?  u  would  work 

Q.  1  will  have  to  help  »"«  th„t  the  current 

from  your  testimony.  -  Bowea  through  the 

“elector  magnet  O,  and 

correct?  A.  Yes,  «r.  •  kell  r.guro  2  is  the 

■jz&ztzs**-***-* 


case  00  ?  A.  Yes,  sir.  ■  y  sil, 

Q.  That  is  correct,  isit  !„  intllis  veemv- 

“  Q.  How,  if  at  all,  J  )  ‘lloailBcuuy  which  you 


678 


679 


“  the  battery— wliy  is  not  the  signal  mutilated. up- 
“  on  the  chemical  paper? 

“A.  Because  it  is  always  recorded  by  one  or 
“  other  of  the  styluses. 

“Q.  What  position  do  the  two  styluses  or  niotal- 
“  lie  pens  occupy  in  reference  to  each  other  to  pro- 
1886  dace  that  result  ? 

“A.  They  should  bo  placed  very  close  together, 
“  either  side  by  side  or  one  behind  the  other. 

“Q.  Is  it,  in  fact,  not  practically  the  result 
“  that  there  is  no  mutilation  of  the  signals  when 
“  you  use  the  pens  ?  A.  No  practical  mutilation. 

“  Q.  The  mark  may  be  tt  lit  tle  wider  or  narrower, 
“  but  it  shows  distinct  on  the  paper? 

.“A.  Yes,  sir.” 

You  said  all  that,  did  you  not  !  A.  Yes,  sir. 

Q.  Thu  question  I  come  back  to  is:  “And  this 
“contrivance,  marked  figure  Sis  the  same  as  the 
‘■bug  imp  which  is  marked  2  in  case  90.”  You 
said  so  yesterday,  is  it  so? 

A.  Yes,  sir;  the  same  as  the  bug  trap. 

Q.  It  protects  against  mutilation  t 

A.  The  mutilation  is  protected  against  by  the 

Q.  Then  the  magnet  does  not.  protect  against  mu¬ 
tilation.  Is  it  trueor  is  it  not  that  that  magnet  pro¬ 
tects  the  receiver  from  mutilation — the  chemical  re¬ 
ceiver  X  ? 

A.  I  can  only  answer  in  this  way  ;  if  the  signals 
are  not  mutilated  at  the  stylus  by  the  magneto, 
it  is  not  necessary. 


A.  I  certainly  did  not  intend  to  say  that,  nor  do 
I  understand  by  that  answer  that  1  said  so. 

Q.  This  magnet  0  either  protects  them  or 
"  tends  to  protect  them  ?  A.  No,  sir. 

Q.  On  the  contrary,  if  it  noted  as  was  suggested 
it  would  help  make  a  false  signal  ? 

‘A.  I  don’t  see  that  any  action  is  suggested  by  it. 
,Q.'  Then  it  stands  there  perfectly  neutral  in  res¬ 


pect  to  the  question  of  mutilation? 

'  A  Mutilation  by  reversal. 

The  Co./rf.— Is  that  or  not  the  equivalent 
A .**lt>is  not.  the  equivalent  oMho  bug  trap,  ^ 
cause  such  Court,  perhaps,  how 

that  magnet  O  does  operate,  and  what  it, does... 
effect Xe  iniluenee  when  the 
A.  It  sends  out  an  ".  .  lor  diminished  ; 

strength  of  tl«o  oiirro.it  w  inc^  -  mld  it,  also 

that  helps  or  does  cut  oil Jhu  ■*»•*«»  '  o[  the 

provides  another  path,  «*  1 »  c  > 

. . 

acts?  .  is  a  current  that  is 

.  -A; JJ,  *,i  • "  s  i  .  i.  -  « 

adieu  tl.e  current  that  has  tu/’>wVindv\v»hdr..wn, 

d,  ."n  nm.uniymagae.ixe  tin 

?hs,.,xsJ 

^,,ike.hat,b«tIthWkt^  •,«  with- 

so  that  after  the  actual  ^  1  ;  t  ,)V  the  action  ol 

dmwu,  a  slight  curren  ts^  -  . 

the  magnetized  co.o  wliich  way  does  the 

Q.  ir  you  a  re  right,  >n  timt. 

current  come?  ,  .  opposite  polarity  18g0 

the  shunt  circuit?  on  the  drawing. 

q.  1  will  make  t  lU ,  wiw  t,niid  pass- 

A  current  is  coming :  along  «  J  oI  it  is  passing 
i„g  to  earth  through  0,  a  ul  1  r  at  ten- 


080 


you  break  Hint  circuit,  you  sny  Micro  is  mi  induc¬ 
tive  action  lakes  place,  which  you  oxphiin  as  a  cur¬ 
rent.  Now,  which  way  will  Mint  current  How.  lo 
earth  or  lo  line? 

A.  It  will  How  around  the.  shunt. 

1  SOI  9'  TVhlch  "  in  ir  fo  «>'  tli  or  to  line  i 
A-  It  cannot  got  lo  earth,  because  it  linds  a 
sliorter  line  around  Hie  shunt. 

Q.  Which  way  will  it  (low  in  its  direction,  down¬ 
ward  or  upward,  that  is  a  plain  question  in  elec¬ 
tricity  ? 

A.  Tt  will  How  upward  ;  it  is  not  an  easy  quos- 
or'dow  |II1S"|LI  rusPcul  to  diagram,  upward 

Q.  It  will  How  along  that  shunt  circuit,  to  the 
right  over  the  lop,  or  it  will  How  around  it  to  the 
right  through  the  bottom,  one  wav  or  the  other  - 
which  way  will  it  Hmv  ! 

1892  Jn  ln-v  judgment,  it  would  How  upward. 

Q-  lo  the  right  over  the  top?  A.  Yes,  sir. 

Q-  towards  X'  ? 

A.  W,  sir;  Mini  depends  upon  the  number  or 
oiilerenl  arimigements. 

A  Yes  lloW  Hint  shunt  ? 

Q.  And  then  what  will  happen,  will  be  that  if  it 
lows  around  that  shunt  it  must  of  necessity  How 
through  tho.su  puns  ?  A.  Yus,  sir. 

Q.  Anil  H,™  in  place  of  stopping  flic  circuit, 
w  inch  you  are  trying  to  stop,  it,  will  keep  it  riin- 

1893  broken  ?Se'  tll!1"  th°  circuit  lias  been 

A.  It  is  in  the  oppositedireclion  ;  yes,  sir.  It  is 
m  Hie  opposite  direction. 

11,9'  5°’  si,'1;wll0M  'he  current  is  coining  along  the 
hue,  i  t  goes  down  through  the  shunt  to  the  ground  ? 

fl.™.  i  «  lf'gnc's  tlmt  *V.  "lid  part  of  it  goes 
through  the  magnet. 

ormvIiM10  T  tl1.?  ,,l!lSnet  I°r  tile  purpose  of  my 

ricllt  ov  °V  1  1  e°  tln'01|gh  tlmt  shunt  to  the 

iiguc  over  the  top? 


A.  l'ho  line  current  would  ;  yes,  sir. 

Q.  Now,  wlmt  yon  want  to  do  is  to  cut  oft  the 

lQ " That  is,  you  want  to  prevent  your  line  cur- 
reS  fnini  keeping  on  to  run  in  that  direction  after 

it  were,  so  that  the  181 

tailinirs  would  he  stopped.  . 

h  That  means  that  you  want  to  stop  it  from 
running  around  there,  as  soon  as  possible 

Q.  Then  the  apparatus  you  have  there,  as  you 
ili*«rrihetl  its  operation,  continues  ny  uas 
Ilf' the1  elect ro-inagnet,  to  run  mound  there  after 
the  circuit  is  broken  ?  A.  'Ves,mi.  , 

Q.  And  in  place  of  cutting  off  a  tailing,  i 


•no  wire'  ,  ,  loJ!) 

Q.  Did  von  not  tell  the  Court  Mint 
from  0.  would  How  around  m  the  same  "  « 

mu  Have  already  said  .be  main  ^ 

'  A.  Tlie  current  splits  in  the  middle  and  goes  each 

"  q‘  Then  you  want  to  change  your  answer,  do 

•VA.\  said,  at, ’the  time,  it  depended  on  a  grant 
many  things.  In  my  opinion  it  w  oil  <■  s  ‘ 

way  Tt  would  be  impossible  to  sn>  without 

”*1896 

"'IS  ™0,T~uM  «.  !»»•  i>  -»”M  “ 

1  'q  “Sr,Zu,,o»,  until  .#«  )■«  >»'•  ”»  “ 

-sa  ,i0 

certain  results?  A.  Yus,  sir.  , 

practical  ex- 

periment  ? 


A.  it,  is,  provided  the  polarities  of  the  elec 
magnet  itself,  are  shown  on  the  drawing.  0 
one  coil  is  shown  there 

T/tc  Court. — .The  question  is,  ns  (o  the  course 
the  current— the  inductive  influence ;  and  1 
1897  whether  it;  could  not  be  ascertained  and 
term med  what  that  course  would  be  as  a  quest 
of  principle,  irrespective  of  any  practical  expc 
went,  and  ]  understood  the  witness  that  it  ran 
but  that  lie  does  not  know  how. 

Q.  Suppose  a  positive  current,  is  coming  ale 
(he  line  L  and  (lowing  through  the  shunt,  to  I 
light  at  tlie  top,  and  to  the  left  at  the  bottom,  a 
woitld  •mt';""'1 1  "li"  *"  l,°*r  "  I*'«i'ive  cum 
A.  Yes,  sir  with  the  magnet,  out  or  the  way. 

miicl,  r'-'i1'  . .  1,1  ,lloro !  Mml  is  how 

1S98"'11  of  «'e  positive  current  that  went  l>v  the  w; 
of  the  shunt  would  net  ?  A.  Yes,  sir. 

A,ul  f’  n,,l<  h  ll!i  "eat  through  the  magnet 
tjiound  would  be  a  diminution  of  the  win 
amount  to  that  extent  <  A.  Yes  sir 
ti,n;  H,°'\i;"1,1,aSe  tho  oh’euit  to  be  broken  at  th 
t  v  .  ,’.,  0  would  give  back  a  put 

me  current,  would  it  not? 

A.  The  current  we  have  sent  over  was  positive, 
currant  in  that  db-emio,??’'1 

. . 

The  Court.— in  that  the  jm|uctivu  ln|,j,ellco  j 
uVr.  Dickerson.— Yes,  sir. 

it?;  LdZ,  V'T  ^"'t  inductive  current,  as  you  cal 
that  the  U  °'VS  !ll'0UIKl  "1  the  same  wn; 

cuit  closed  as  "as  flowing  before  tliecii 

closed,  as  you  have  stated?  a7  Yes.  sir. 


Q  And  therefore  in  cutting  off  a  tailing  it  would 

liken  tailing?  A.  ft  looks  as  if  it  would. 

q.  To  the  extent  of  your  knowledge,  that  is  what 
mild  happen?  A.  Yes,  sir.  — 

Q.  As  far  as  you  know  electricity  1  A.  Yes, 

Q.  That  would  not  lie  a  very  good  thing,  would  190° 

;?  A.  It  would  not. 

Q.  It,  would  spoil  the  machine? 

A.  It  would  not  spoil  it ;  it  might  hurt  the 

TSc' longer  the  line  the  more  tailings  there 

'q.  And\he  difficulty  with  the  automatic  is  to 
:ut  oil  the  tailings  on  long  lines? 

a  IS™, i, bJ,>'°ur"p- 

malic  telegraphy? 

\  It  would  be  with  a  single  pen. 

Q  You  can  do  it  on  an  automatic  telegraph  ? 

A.  You  can  increase  it  or  decrease  it  with  a  sin- 

g,QPTb„t  is  an  improvement  to  automatic  tele- 
gnqdiy^ith  n  s.  j,en.  with  a  double  pen  it 
would  not  have  that,  effect.  A  double  pen  is  no 
n.  cessary  to  that  system. 

Q.  It  is  necessary  to  this  tiling  here 

Q.  Boyou  think  your  people  can  invent  any- 190. 
tiling  better  than  that  in  the  future  ? 

A.  Yes,  sir. 

Q.  You  had  better  get  it  up  quick  ?  .  f 

A.  It  is  got  up.  The  invention  was  made  b 
this  was,  as  far  as  I  was  concerned.  do 

Q.  That  being  the  effect  of  this ;  ’  >  bo. 

not  nut  ns  high  a  value  on  it  as  y  on  iliu  l 
ginning  as  nil  improvement  ?  A.  On  what 


•0111(1  1)0  fill  improvement,  Hint  you  though 
ompany  would  be  likely  lo  adopt.  Yon 
ot  ostium  to  it  so  highly  now  ns  before? 

A.  'ton  menu  the  whole  arrangement  of  n 
Vf-  u's,  sir. 

}}'s’  sir  5  if  'I  Ims  not.  tillered  the  evil. 
Q.  Hint  nilding  the  tnilings  Ims  not  dim? 
le  evil  ? 

A.  Hint  can  be  overcome  by  other  menus. 
b>.  i  our  invention  Ims  not  done  Hint  thing 
A.  It  Ims  not  done  it  perfectly. 

Q.  It  1ms  only  ndded  on  evil  and  not  dimii 
n  evil  ? 

A.  I  won’t  go  so  far  as  to  say  Hint. 

7'  ll!'ve  said  that  already,  have  von  n 
A.  It  has  added  an  evil,  but  one  that  c 
ercoine  by  other  means. 

You  think  you  can  invent  something  to 


V  "li"  <l'i"ving  (  A.  No,  sir. 

lion  Hint  machine  openilos  by  reverse* 

'Is  there  are  two  ]innillul  signals  made,  eae 
"■  ueli  is  part  of  an  entire  signal  if  a  dash  i 
Hiroiigh  the  line?  A.  Yes,  sir. 

J.  Now,  is  not  that  signal  exactly  the  same  sig 
nmt  you  would  make  if  you  were  sending  tin 
eised  currents  through  the  line  for  the  tmrpos 
•pern  ting  the  reverse  end  of  the  machine  ? 

;•  [,n  I  '111  "“-I...  as  received  on  the  chen.icn 


No,  sir ;  if  [  understand  it  correctly. 

'he  marks  that  would  bo  nmdo  on  the  clr 
Miper,  when  the  quantity  or  increase  key 
ii,  and  the  operator  was  reversing  on  the  o 
the  set  of  marks  that  would  appear  oi 

ini!n^',ml  (lib0  ,liiL“f  of  Pn in llel  marks  eacl 
athifc  v  ith  the  other  as  the  panel-  ran  alone 


Q.  Well,  from  one  to  three,  did  yon  menu  to  tell 
ns  that  yon  Imre  sensitized  paper  that  wont  show 
battery  one,  and  will  show  battery  three? 


Whether  that 
n  knowledge. 


A.  Not  on  the  Atlantic  and  Pncilie  lines,  but  in 
the  experimenting  labratory. 

if  -;"  '1L're  l*‘<'  5’°"  uver  seo  operate  practi- 

A.  1  saw  it  worked  last  Saturday  night  at,  Room 
ob,  No.  1-tii  Broadway. 

Q.  In  this  labratorv? 

A.  Yes.  sir. 

Q.  And  it  did  not  make  any  marks  ? 

A.  None,  or  very  slight. 

nride1)ia,,  t  '*  mnI“  nnyl  A-  1  «lon’t  think  it 

Q.  Perfectly  white  ?  A.  Not  white,  the  solution 
colors  I  ho  paper. 

Q.  It  does  not  alter  the  general  shade  of  the 
paper  ?  A.  No,  sir. 

Q.  Not  at  all?  A.  No,  sir;  I  can  produce  that 
if  it  is  necessary  to  be  seen. 

Q.  Well,  in  an  ordinary  automatic  instrument 
the  leakages  from  contiguous  wires  are  recorded 
on  the  slip— the  leakages  from  parallel  lines  are  re¬ 
corded  on  the  slip  as  delivered?  A.  I  never  have 
lmpi*ncaft  11,1,18  ““‘''a1 5  14  may  possibly 'have 

n.';Versa'v  sucl1  a  t,linS  «s  that?  A.  No, sir. 
rl.  ‘:  u.°"  \  y°"  see  your  messages  come  out  with  a 
distinct  light  mark  and  also  a  lighter  and  a  darker 


„»*  Intel.™, 1  ,A.  “ 

way,  but  I  didn’t  know  they  came  lion. 

A-  I  teliavo 

clearly  bt'chemical  writing  that  came  over  from  a 
‘‘"“a  never  saw  any  that  came  over  with  par- 

Tnever  entered  into  the  question  of  other 

wires  on  the  same  !"**■  ,Hlt  came  out  from 

Q.  Did  you  ever  see  a  message  uiui  f 

•,  set  of  wires  that  were  numerous  on  the 
miles  in  which  the  message  you  recened'. 

also  marked  with  the  messages  going  o  1913 

Ti  have  seen  slips  with  the  marks  effected  in 
the  manner  you  have  described ;  1  nevei 

''  Q.'  Did  nobody  tell  you  where  it  came  fioin l  ? >  • 

A.  It  might  have  been  inenlioned  l  '  1 

lion  ;  it  would  come  equally  from  dc- 

Hue,  or  from  such  interference  .  > 

scribed.  .  ..  .  other  wires 

n  it  comes  from  leakages  from  the 

-  tllat  are  recorded  upon  your  rccc.vcr  I  ^ 

A.  Leakages  from  othei  ",RS 
the  ground.  „re  getting  yourlOU 

Q.  So.  that,  “.^'"‘"I^^ung  the  signals 
own  set  of  signals,  and  j  o  « ■  n  re(£ivillg  paper 

from  the  contiguous  wiles  on  > 

TsSLi»g«  mr  25 

signals.  ■  .,  interrupted  or 


tron bled,  I  lmvo  asked  the  simple  qneston,  rind  I 
insist  ujion  mi  answer? 

The  Court.— Ho  matter  about  the  effect  of  it. 


Q.  It  is  generally  so? 

A.  I  could  hardly  say  generally. 

Q.  You  pick  up  a  handful  of  vour  strips; 
lie  they  not  all,  as  a  general  thing  marked  with 
lie  messages  g„,ng  on  parallel  lines,  where  there 
ne  a  number  of  wires  together  on  the  poles  ? 

A.  they  am  marked  to  some  extent,  lint  not 


Q'  Generally.? 
Q-  If  they  are 
the  very  feeble  e 
neighboring  wire, 


A.  1  could  hardly  say  generally, 
o  marked,  they  are  marked  by 
capes  of  electricity  from  some 


A.  In  the  ease  of  the 
generally  by  the  automat 
sometimes;  I  won’t suv  <■• 


met  arrangement  used 
it  is  very  frequently  or 
crally  or  frequently. 


May  9,  1877. 
CroKg-exami nation  <>/  Mr.  Van  Uo\  i.siu.ik 
continued  In,  Mr.  IJiukhusox: 

Q  you  didn’t  intend,  yesterday,  to  disparag, 
any  of  Mr.  Hdison’s  inventions,  <lid  you  ! 

\  No  sir;  certainly  not.  . 

Q.'  1  will  give  an  explanation  of  that  d™'™'b ,  < 
n„,  c„urt  as  a  leading  question  to  you,  ami  joi 
I  n  correct  me  if  I  am  wrong;  When  the  curren 
comes  through  the  line  h,  and 
and  magnetizes  the  electro-magne  »  which  i' 
_lirrMir  ?s  broken,  then  that  electricity,  A\lncii  i. 

ESSrat, 

A.  I  should  consider  it  to  be  contt  ■  ^  ^ 

knowledge  of  the  subject.  My  Kno\\ie«0  ,  - 

SVts,  1  charge,  is  M  1  «  £  £ 

theoretical  ;  1  should  Jregaid  it 

liudit  or  wlint  I  know.  . .  , 

Q.  You  have  no  doubt  tbut.it  is  l  oueet 
A.  I  lmvo  no  doubt  it  is  correct. 

q.  Ami  Unit  i.  ; 

are  working  all  the  rune  on 

Q  And  it  is  the  thing'  patented  by  Mr.  Edison 
foSho  purpose  of  cutting  off  the  tailings,  is,,  t  it  1 
A.  With  a  single  pen.  yes. 

Q.  Or  any  other  uuinber  or  pens  i 
a  Tf  you  put  two  pons  in,  it  ni'tlus  a 
Q,  Yo„  doldt  change  the  direction  of  the 
rents,  do  you  ? 

A.  No,  sir.  nmde  yesterday,  you 

wore  wrong,  uUlioiigh^'ou  luive  been  living  with 
that  tiling  for  months  1 


A.  T  Hindu  tlic  remarks  1  did  yesterday,  because 
l  was  confused  and  tired  out.  I  knew  Mm  cor 
reet  method  all  the  while. 

Q.  Somebody  told  you,  between  last  night  and 
this  morning,  Mint  you  were  mistaken  l  • 

A.  l  found  it  out  myself. 

1 920  Q.  Somebody  told  you  that,  didn’t  they  ? 

A.  It  was  in  tho  course  of  a.  cun  reran  lion. 

Q.  Somebody  instructed  you  and  fold  you  that 
weru  mistaken,  didn’t  they  ? 

A.  I  had  sense  enough  to  see  it  myself. 

Aobody  told  you  v 
A.  Nobody  told  me  diivctlv 
Q.  Did  anybody  say  it  in  your  presence  ? 
that  T  w';'-'’  ‘mi1  H  'aIku‘1  I  agreed 


1021  Mr'  Tmlge’sollice;  and 

Q.  Anybody  else  i 

Q  WAs'n'  i'*S<i  1>iul  f*lu  uonversiiMon. 

,  ’  "  ,LS  miyhody  else  present  ( 

A.  At  that  time? 

A  He  ‘riI,,fl'u''ill(! ."'‘is  Micro,  wasn’t  he? 
men’ced.  ‘S  "  "he"  tl,e  uo"  versa  Mon  com- 

A  Sn,'h!S  i!le?  f"ri"S  1,10  conversation  ? 

}'  i" lnff  the  latter  part  of  it. 

loft  dm'courlf  room'  ‘“i  I'  ™  *V0" 

1 922  A.  He  did  not  sir.  J 0,1  "‘iUle  11  mistl,ke  ? 

.  Q.  Wlio  did  ? 

A.  I  saw  it  myself. 

Q-  Didn’t  somebody  toll  you? 

Q  Nolodvtl'r1 0t  :,,y 

n  w,  y  toU1  you  that?  A.  No  si>. 

A.  Nobody.^  t0  y°11  tlmt  ytm  "’Q1'e  'V1'°ng? 

saMoJ  yontmakT’J0  P‘lSS  Hmt  in  tl,is 

jou  speak  of  it  was  said  by  somebody,  or 


understood  by  you  or  die  rest  that  you  were 
"'a"*’ admitted  that  1  was  wrong,  or  at  least  I 
suggistul  th(j  ono  t,mt  suggested  it? 

Q.  rt^  come  to  you  afterwards  that  you  were  1923 

"  Qngyou  ilidn’t  tliink  of  it  until  you  went  off  the 

the  stand?  .  ,  ,  .  ,, 

A.  I  knew  generally  that  I  was  light,  but  the 
theory  seemed  to  contradict  it. 

O.  Do  you  think  yon  know  more  about  tl.e  effec 
of  the  reversal  of  currents  than  you  knew  about 
that  static  charge  affair  yesterday  ? 

A.  Yes,  sir ;  1  do. 

Q.  You  do  know  about  that?  A.  Yes. 

Q.  Now,  on  this  machine  that  you  lia\eDot 
the  blackboard,  containing  case  00.  wb«n  die  l9o4 
rent  is  reversed,  the  armature  falls  back  from 
neutral  relay,  doesn’t  it? 

A.  Tt  falls  back  and  leaves  the  core. 

Q.  It  goes  back  to  the  back  point ! 

A.  That  depends  on  the  amount  of  Pl«J  >£• 

Q.  It  falls  back,  and  would  mutilate  1  = 

unless  there  was  some  means  devised  to  prevent  tt  ( 

sluggish  apparatus  that  does  not  i  .  q 

the  back  contact  is  made  ?  A.  Yes. 
current' on  the  line  nt  a  time  when  there 

^Ai^Yw^’tliore'ls  Btlil'nnothor  awangonmidjorwi- 

die  iron  itself  before  you  recett  e  die  oppe 
arity. 


Q.  I  Ins  electromagnet  is  of  itself,  and  of  neces. 
siiy,  n  sluggish  tiling,  been  use  you  Imve  got  In  dis 
o,u)  \  h  "■'«*  <!>»<>:  thalis 

n'  tho  common  arrangement 
Q.  'Villi  nn:  gt  1 t  does  it.  not  tnke  time 

10  iiisilim-ge  mid  charge  Hie  electro  magnet.' 

A.  it  is  true  it  does,  but  Mint  time  varies  under 
different  arrangements. 

Q-  It  varies  with  the  dininefer  nnd  length  of 'the 
tore  mid  the  iinmunt  of  helix  which  envelopes  it  ; 
ose  lire  the  only  elements,  I  suppose  > 

A.  r  should  hardly  like  „y  that,  been  use.  hero 
; ;  *  ‘;r,,,"g«"'ent  made  in  which  the  pro- 

[loi  turn  of  delay  is  different. 

.von  know  the  Ir.ill. 
n  ,„!  !""  S0,"S  **y.  and  you  will  answeryes 

s  Wllen  “  1,1,1  lory  currant 

iniil  11  lln,‘-  lfs  first  character  on  the 
>o  ■  ;  nit  all  parts  of  ir-.hat  is  as  tolongth,  have 
>  o<  n-U-noant  of  electromotive  force,  which  goes 
<nVit  ?  U  e  |,etr,<;,aas  say*  in  chunks;  that  is  so, 

•nv  1,0  so>  l,,,f  y°'«  have  stated  it  in  a 

or  hearllig  it  stated1.101  to  Mnki„g„t 

Q.  That  is  a  graphic  representation  or  it,  is  it 

O  'nn'ril(1H'y  it:V“S'  anhstantinlly.  . 
iiuiiiallv  °  H,nk  gHL“s  the  line,  it 

n  i  ldle  e  T  “in*  i,s  en<ls  »">  thinner,  and 
snnuldle,  relative  lo  thoends,  thicker;  is  not  that 

A.  ^ot  ns  it  presents  itself  to  my  mind 

the  remote  end  f'0  Sl!,ullnS  u,u1'  a"d  going  along 

Q.'  iVitis  new  to  off 

A.  You  say  the  chunks  of  elecilitv!  TwlVL’ 


understand  your  meaning,  uo  jau 
nations  that  are  sent  over  itl 

Q  I  mean  that  each  pulsation,  when  it  comes  up¬ 
on  t  he  line,  if  it  could  be  represented  in  any  graphic 
form,  takingsay  a  foot  of  line,  would  be  thorough- 
out  its  whole  length  of  equal  electro  motive  force  1  ]  ^ 

A.  Yes,  I  think  that  is  so. 

Q.  Then  going  along  the  line  farther  nnd  farther, 
it  be-ins  to  assume  the  character  of  a  gradually 
swelling  line,  coming  up  to  the  maximum,  and  a 
gradually  subsiding  line  on  the  other  SK]e  ;  an‘] 
that  is  wlmt  we  call  the  “sinus”  of  the  electrical 
discharge, isn’t  it-those signs  that  are  represented, 
are  called  the  sinus  of  the  electrical  discharge  1 

A.  I  have  never  seen  it  put  in  that  way. 

Q.  You  are  an  electrician,  you  say  « 

A.  Yes :  but  I  have  never  seen  it  put.  in  that  nay 

Q  That,  is  a  new  presentation  to  your  mind  ?  ]  Q3U 

A.  It  is  a  different  presentation  from  any  to 

which  I  am  accustomed. 

q.  it  is  true  in  that  respect,  isn  t  it  1 

O  Therefore,  whenever  tlie  impulse  an ii  es  at  the 

IS  say  at  Chicago  its  force  i-~=tefl 

by  ,l,e  sine  of  this  little  angle  here  ?  1  lWu  i  mg 

-nstrru'  js*  *«>  i>  * 

.taioooU»*™l  *• nYj‘r,'„„l,ta»«|onS.M«19Sl 

s,rnWi.tKsr-.T;s;«; 

different  from  what  it  would  bo 


_ ■ _ __ 


engo,  in  respect  to  the  manner  wluett  the  elect ri 
force  nets? 

A.  It  is  different ;  yes,  sir 

Q.  And  you  mode  your  little  experiment  on  i 
tnble?  A.  Yes. 

Q-  your  picture  you  luive  got  written,  “Over 
llu"'  limn  ”  ?  you  put  that  there,  didn’t  you  ? 

A.  No ;  I  had  nothing  to  do  with  putting  thin 
there. 

Q.  That  is  at  the  wrong  end  of  the  line,  isn’t  it  I 

A.  It  does  not  strike  me  so,  sir. 

Q.  It  is  at  the  sending  end,  isn’t  it  ? 

A.  Yes,  sir. 

Q.  Whitt  would  happen  if  the  overflow  dam  was 
there,  would  be  that  there  would  be  a  spilling  of 
some  of  these  chunks  of  electricity? 

A.  A  spilling  of  a  portion  of  each  one. 

Q.  There  would  bo  a  cutting  oif  of  a  portion  ol 
1 933  ei,uh  °"°  on  a  level  line,  a  reduction  of  the  electric 
motive  force  in  regard  to  length  ?  A.  Yes,  sir. 

Q.  That  would  be  a  dead  loss,  wouldn’t  it  ? 

A.  It  would  be  u  dead  loss  if  there  was  no  ad¬ 
vantage  from  it. 

Q.  This  overflow  dam  is  an  invention  of  Mr.  Lit¬ 
tle,  is  it  not  ? 

A.  I  have  heard  it  so  stated. 

Q.  When  he  puts  it  on  he  puts  it  on  at  the  re¬ 
ceiving  end,  doesn’t  lie  ? 

A.  I  cannot  say  ;  I  never  had  nnv  experience  in 
regard  to  that. 

|0  ,  Q-  Ho  P'lis  it  on  the  receiving  end  and  then  it 
i  JO-i  would  operate  to  spill  the  lower  levels  of  electricity, 
and  take  the  top  of  each  one  to  work  the  instru¬ 
ment,  wouldn’t  it? 

,  A.  That  would  be  a  good  simile. 

Q.  And  that  is  what  it  is  there  for,  isn’t  it ;  it  is 
there  because  the  oleotrtc  current  that  gets  to  Chi¬ 
cago  which  may  be  represented  bv  that  increased 
curve,  and  because  this  overflow  dam  will  spill  out 
lo  ower  intensity  part  of  it,  and  leave  the  irrenter 


living  end  and  then  it 
ver  levels  of  electricity, 
o  to  work  the  instru¬ 


ct  only  to  operate  on  the  chemical  paper,  isn  t 

t  '-The  exact  operation  of  the  overflow  dam  L 
now  very  little  about,  because  I  have  had  no 
metical  experience  in.  that  way. 

Q  As  an  expert,  I  have  asked  you  this  question 
tout  this  overflow  dam.'  1  am  asking  you  simply  ■  • 
a„  expert  about  its  effect.  In  that  drawing  that 
on  have  there  made,  you  have  put  down  the  ocei- 
ow  clam  at  the  wrong  end  of  the  line ! 

A  I  cannot  separate  that,  from  the  knowledge  I 
rive  oftlio' opinion  of  gentlemen  who  are  actually 
md  practically  conversant  with  its  operations  a„  l 
vho  I  have  heard  say  in  conversation  with  them, 
hat  the  overflow  dam  is  more  useful  at  the  sending 
aid  than  it  is  at  the  receiving  end.  As  s  .id  be 
fore  I  have  no  practical  experience  mjsUfm  le 

from  wlia t° Ih'avo'reaik  and  trmn  ^ 

l  have  had  with  gentlemen  whose  statements  tullj 

’’If  You  have  no  opinion  as  an  electrician  whether 
that  overflow  dam  is  at  the  right  end  oi  at 

wrong  end  of  the  line  I  .  .  .  t 

A.  I  have  only  my  own  opinion  that  it  is 
“ <•"* 

I.' ?”  "S™1;.”'- 

Q.  When  the  signal  is  shorn  of  this  alt  ^ 
live  force,  then  it  would  slope  down  i  • 

ing  end,  to  cut  off  these  lower  quantities  ? 

Q.'  Andte  effect  of  that  over-flow  dam  of  that 

end  would  be  a  loss  of  some  sane  and  acid  ' 

A.  It  there  was  no  compensating  adv  itagc. 

Q.  What  compensating  advantage  is J? ' 
a  a  a  t  oiii.l  before.  I  have  had  no  practical  ex 


purienco  In  regard  to  the  working  of  the  over-llow 

kn°'V  °f  "ny  Compen"rt,W  “d™* 

A.  I  have  heard  that  there  was,  but  I  never knew 
10 •ioex’!l0t  y  what  it  was. 

Q.  You  don’t  know  wind  it  is  yourself? 

Q.  What  did  they  tell  yon  about  it? 

A.  1  never  inquired. 

Q.  Then  you  are  entirely  without  any  opinion  as 

lino  ?  0pera"°,,?  OI‘ 118  10  i,s  '«>•»«  »t  that  ond  of  the 

A.  I  judge  only  from  the  opinions  of  genlleinen 
wlio  Have  told  me  ;  and  from  wliat  they  have  said 
to  ",c’ 1  J-Ob-  there  is  an  adranltige. 

Q.  You  don’t  know  what  it  is? 

A.  No,  sir;  I  don’t  know  precisely  wlmt  it  is. 

1939  .  *•  1  °">  you  have  said,  that  with  tho  sensitive 
paper  on  A,  it  had  to  be  made  so  that  it  would 
onl  vli  1  the  maximum  curveand  would  not  respond 
to  the  lower  current  ? 

A.  I  don’t  remember  saying  that  it  lmd  to  be 
made  so. 

Q.  But  it  was  so  ? 

A  In  niv  experience  it  was  not,  but  it  could  be 
easily  made  so. 

Q.  If  it  was  not  so,  then  the  lower  current  would 
mark  it  equally  with  tho  higher  ?  A.  No,  sir. 

Q.  It  it  was  made  equally  as  sensitive  to  the 
1 940  rel'  n  ,e'T’  “  U  Was  t0  tho  higher  battery,  then 
U40it  would  be  marked  whether  tho  reverse  currents 
were  going  alone,  or  whether  the  reverse  currents 
were  going  together? 

A.  If  it  was  equally  sensitive  to  the  passage  of 
each  current,  it  would  be  ;  but  it  is  not  so 
Q.  Didn’t  you  say  yesterday,  that  part  of  the 
.  ’  1Uo"  '  to  make  the  receiver  X  sensitive  to 
!  "  l  not  sensitive  to  the  minimum 

uuient,  and  didn’t  you  tell  us.that  that  was  as  old 


ns  Pamulay,  and  that  you  knew  that  paper,  and 
knew  that  it  was  the  kind  of  paper  used? 

A.  Thu  solution  I  should  have  called  it,  and  not 
the  paper. 

Q.  The  solution  saturates  the  paper? 

A.  I  don’t  remember  making  any  such  statement 
as  that.  W41 

Q.  Didn’t  you  say  yesterday,  that  the  paper  that 
was  sensitized  to  the  higher  current,  was  the  pro¬ 
per  paper  to  use  on  that  machine  2 

A.  As  near  as  I  can  remember,  I  stated  that  a 
solution  could  be  used  which  would  record  the 
higher  current  and  not  the  lower  one. 

Q.  Didn’t  you  say  that  that  was  the  proper  so¬ 
lution  to  use  in  this  machine? 

A.  I  don’t  remember  making  use  of  those  words. 

Q.  Isn’t  it  so? 

A.  T  should  consider  it  so  ;  yes. 

Q.  Do  you  think  the  thing  can  bo  run  with  tlie^,|^0 
ordinary  paper,  that  is  sensitized  to  the  extreme 
and  minute  point,  as  used  in  automatic  tele¬ 
graphy  2  .  .  ,  . 

A.  In  my  judgment,  the  ordinary  solution  that  is 
used  in  automatic  telegraphy  could  be  used,  al¬ 
though  not  to  so  great  an  advantage  as  some 
others.  . 

Q.  That  is  the  solution  which  you  told  us  yester¬ 
day,  was  affected  even  by  leakages  through  other 
lines? 

A.  I  believe  so;  I  don’t  remember  exactly  what 
I  said  on  that  point. 

Q.  Didn’t  you  say,  that  it  \ 
leakage  of  contiguous  lines? 

A.  Y’es,  sir  ;  J  believe  I  said 
tho  signals  from  the  faint  lines  oi 

Q.  You  can  read  the  marks  and  gaps  that  a.u 
made  ?  A.  Not  always. 

Q.  It  is  affected  by  tho  leakage  of  contiguous 
lines? 

A.  Not  always  ;  it  is  sometimes; 


3  affected  by  tho  1943 

so ;  you  cannot  read 
n  that  paper. 


Q.  You  say  flu's  kind  of  sensitized  paper  is  i 
in  flint  machine? 

A.  I  say  it  could  be  list'd. 

Q.  You  think  that  machine  would  work  pra< 
ally  with  Unit  kind  of  paper? 

A.  Tt  would  woric  on  a  short,  circuit  with  i 
3944  paper. 

Q.  You  mean  a  short  circuit  in  a  room  ? 

A.  Yes. 

Q.  I  am  now  speaking  of  a  line  ? 

A.  I  should  not  think  it  would  bo  so  good  n 
line  as  some  others. 

Q.  That  thing  would  not  be  so  valuable  to  w 
in  that  way  ? 

A.  It  might,  for  some  purposes ;  but  not 
transmission  purposes. 

Q.  Now,  when  you  haven  practical  line  work 
o  Chicago  we  will  say,  to  charge  and  disoha 
1945  a"  Yes  /  "  collsi<lel'llble  «‘f  lime,  di 
Q.  A  very  appreciable  amount  or  time  ? 
i  .  Xot  always;  it  depends  upon  thcuppnm 
employed  ;  that  gives  a  variation  of  the  time. 

V|.  Hie  iipparaMis  used  is  an  apparatus  to  clot 
”0fc ain,|>1,arar,||s to iwwliitu  that  fa 

A.  Yes ;  it  is  used  to  detect  the  fact;  certainlv 
Q.  Hie  fact  is,  if  you  charge  your  Chicago  1 
and  then  reverse  if,  it  takes  in  the  first  place  a  ci 
sidernble  time  to  charge  and  then  to  discharge  I 
positive  current,  and  then  it  takes  a  consideral 
1940  t  me  to  charge  the  negative  current,  before  von  / 
the  UneT'1'0"18  U1’  l°  tl,0,r  intensity 

A.  It  takes  time. 

Q.  Quite  an  appreciable  time? 

tot  ‘  ■  A°-Id  “'Wwn'Wn”  rather  indefini 
to  my  mind  in  that  connection. 

tion«  T*  in‘1,01,ta,lfc  fMctor  »»  electrical  opei 
■  . . . 


A.  It  takes  a.  certain  time  ;  yes. 

Q.  That  lias  to  bo  provided  for  in  working  any 
digraph  to  Chicago,  does  it  not?  A.  \es,  sir. 
q  You  cannot  work  a  Morse  machine  faster  than 
hose  things  will  be  done? 

A.  No,  but  the.  use  of  certain  instruments  and 
pparatus  causes  a  variation  of  the  time.  4‘ 

Q.  Nevertheless  it  is  an  important  factor  in  the 
forking  of  a  line  to  Chicago,  which  has  to  he  al- 
nwetl  for,  and  wliieli  in  fact  limits  the  speed  of 
ransmission  doesn’t  it : 

A.  Yes,  to  a  certain  degree. 

Q.  We  have  got  n  line  to  Chicago  say,  and  when 
he  operator  at  New  York  breaks  and  reverses, 
hen,  during  that  period  of  time,  the  sensitive 
niper  is  running  over  the  wheel  X,  isn’t  it? 

A.  Yes. 

Q.  And  between  the  time  when  the  plus  current 
shall  mark  that  paper,  and  the  time  when  the 
uiiiiis  current  will  have  got  intensity  enough  to 
murk  it.  there  is  u  lapse  or  time,  is  there  not  t 
A.  There  is  ellipse  larger  or  smaller. 

Q.  No  matter  about  the  measure  of  it,  whether 
larger  or  smaller,  it  is  n  quantity  that  has  to  he 
taken  into  consideration  in  the  working  of  the  line 
between  here  and  Chicago  ? 

A.  It  varies  with  different  circumstances. 

Q.  ’Under  wlint  circumstances  does  it  vary.  You 
have  got  1000  miles  of  wire,  and  you  close  your  key 
and  charge  it,  and  then  reverse  your  key  and  charge 
it  with  tlie  opposite  named  electricity  ,  does  mere 
not  n  time  elapse  between  the  maximum  effect  of 

the  positive  currant,  mid  the  max .  efloct  ot 

the  negative  current,  irrespective  of  any  explana¬ 
tion  that,  you  know  any  thing  about? 

A.  I  should  consider  that  it  might  depend  some¬ 
what  upon  other  circumstances. 

Q.  Such  ns  what;  name  them?  o 

A.  For  instance,  there  might  bo  a  big  discliiuge 
on  tiio  lino  which  would  neutralize  the  effect  of  one 


"  mignt  uea  stnfie  discharge. 

Q.  From  whet?  A.  From  the  line  itself. 

7  J:,H  •vou  ">««■»  “>  say  that  there  won 
static  charge  on  the  loth  oUanuarv,  and 
3  oil  the  11th  ? 

A.  No ;  hat  the  quantity  itself  will  vnrv. 

7  ”  lI1.,t. va,y  between  the  10th  and  11th 

A.  It  might. 

Q.  Given  an  amount  or  electro-motive  force 
sen  o\er  the  line,  say  with  a  battery  of  ten  i 
senes,  on  the  10th  of  Januarv,  ami  imx*n  tJi 
conditions  on  the  11th,  do  you  say  that  tin 
discharge  will  vary  l.etwon  those  two  dates? 
,  ,,  il  storm  should  arise  between  tl 


should  considc 
Q.  Is  the  sta 
A.  That  is  a 
1951  cal  knowledge. 


that  it.  would, 
c  discharge  affected  liv  a  ; 
oint.  upon  which  I  ha've  n 


suJJect  that  LS  y°Ur  t,,e,,retical  ' 

A.  It  is  hard  to  define  m y  theoretical  knoi 
on  that  subject. 

fin?'  N°,"  J’0U.r  1,i,I,er  is  t'otining,  say  tit  the  t 
COO  words  it  minute,  if  that  is  your  gait,  your 
ts  running  very  fast,  isn’t  it  ! 

n,iti,MeS;  1  S!,0",d  ‘!on8id<••,•  it  modern toir  ft 
might  he  ran  faster. 

if  Q\v,"d  °f  neuessity  ibis  would  happen,  woi 
will,  ,  thc  '•u,,«ient  has  been  reversed  the 
mu  i  an  from  here  lo  here  (pointing  to  the  dii 
Jo-on  the  black  board)  before  the  positive  eurren 
■ml  begins  to  mark  ?  A.  It  will  in  somedegn 
7  *!*  \s  cert,lm  t0  ‘lo  if — as  certain  ns  dentil, 
A  It  is  certain  tlint  there  will  be  a  slight  ini 
of  time,  jinny  judgment. 

marks''!'8  bm,k‘s  11  set  of  signals 

minks,  having  an  interval  of  paper  between  tli 
A.  Y  os,  more  or  less. 

A,Uli tlmt  'vould  therefore  represent  a  s 
dots  j  make  a  set  of  dots. 


A.  It  might  or  it  might  not;  it  might  represent 
n  long  dash  in  which  the  current  is  reversed  in  the 
middle. 

Q.  Therefore  the  same  thing  would  happen  on 
that  paper  whether  the  man  who  was  sending  the 
current  was  trying  to  make  L,  for  instance,  or 
whether  lie  was  trying  to  make  two  dots,  wouldn’t  1953 
it?  A.  Not  in  my  judgment  ;  the  effect  would  he 
different  in  some  cases. 

Q.  The  letter  L  is  a  long  dash  isn’t  it  1  A.  Yes. 

Q.  When  (lie  operator  in  New  York  closes  iiis  . 
key,  his  object  is  to  get  a  long  dash,  and  if  nobody 
interferes  be  will  get  a  long  dash,  won’t  he  ? 

A.  Yes. 

Q.  And  right,  in  the  middle  of  that  dasli  the 
other  operator  reverses  and  then  this  will  happen, 
won’t  it,  that  that  long  dash  will  lie  cut.  in  two 
with  tile  space  which  you  have  spoken  of  existing 
between  them  ?  5954 

A.  It.  will  be  diverted  to  the  other  line  through 
the  stylus. 

Q.  Tlmt  gap  will  lie  between  them  ? 

A.  Yes,  sir :  with  a  constant  gap  between  them. 

Q.  You  have  said  that  I  lie  interval  occasioned 
by  the  reversal  would  vary  in  length  ? 

A.  In  different  days. 

Q.  Then  the  interval  between  the  dots  on  the 
paper  would  have  to  he  made,  varying  at  different 
days,  in  order  to  match  the  variations  of  the  inter¬ 
val  of  reversal,  wouldn’t  they'?  A.  No,  sir. 

Q.  It  is  true  as  you  have  stated,  that  the  long 
dash  L,  which  is  equal  to  the  short  dashes,  would  1955 
be  broken  in  two  by  the  reversal  of  the  other  cur¬ 
rent,  and  that  there  would  he  a  space  between  the 
ends  of  the  two  fragments.  Now,  suppose  you 
were  to  send  two  short  diislies  over  your  increased 
line,  and  in  the  interval  between  them  the  other 
operator  reverses,  then  those  two  short  dashes 
would  coma  out  on  paper  relatively  to  each  other, 
exactly  ns  tlm  broken  dash  wiis  on  my  first  hy¬ 
pothesis — from  one  pen  to  the  other? 


A.  r  tlifnk  the  interval  between  the  two  won 
be  greater  than  in  the  case  of  reversal. 

Q.  Then  i  put  this  question-  lit)  ,  , 

mer  the  m  (sensed  key  is  about  to  send,  nr  is  sum 
mg  two  short  flushes,  which  are  equivalent  to  tl 
i(i  -e  °  h  L’  lf’  !lt  thu  fime>  tl,nt.  otlier  operator  r, 
“  ”  “"»«»,  then  these  short  dashes  wi 

V  Yes  1)!'1)01‘  n'0"'  0,10  l"*"  to  1,10  other  t 

,tlmt  resT“,:f  they  will  come  out  on  p£ 

verse'  current*!  K'"!C‘  ^  ^  oi^tor0™^ 
or  the  dash 

A.  With  respect  to  (lie  two  pens  it  would  1«.  M. 
“diSs'lr8  !,l!“  between  ll. 

A.atjr:Ser?niii,s;,,e,,t- 

one  wniTn,','.1  n"P?ft  the-v  aru  tl.e  same,  onb 
lower  side  '  i  VP1M‘,‘ SKle'  u,l<1  the  other  on  tin 

q.  .Srrs  ,o ni«e. 

the  reversal  of  the  currant  ?  v"  °?emmuA  hy 

"0,"d  ta  m,!  M  “ 
Q  TheiMns  ^l!lt  *  cann°t  say. 

ST6  can 

-■amiotVodi'sdnguish^d.  8"m°  le”Sth  e-xnctlJ’-  *W 


Q.  Thu  point  of  distinction  must  arise  from  the  . 
act,  if  it.  be  a  fact,  that  the  operator,  in  punching 
mt.  his  paper,  will  make  the  blank  spaces  greater 
than  the  interval  of  time  occasioned  by  the  loss  or 
•lectricity  in  reversal  ? 

A.  The  interval  of  time,  with  respect  to  the 
lashes,  should  be  different,  in  order  to  distinguish 
the  two  signals. 

Q.  You  say  you  never  tried  whether  that  could 
lie  done  in  practice,  but  you  are  presenting  your 
opinion  that  it  ought  to  be  done  ? 

A.  I  never  tried  that  operation,  lint  in  my  judg¬ 
ment  there  would  be  distinction  enough  to  make 
the  signals  intelligible  if  tile  slip  was  correctly 
perforated. 

Q.  Now,  the  longer  the  line  over  which  you  are 
working,  the  longer  would  be  the  space  at  reversal, 
wouldn’t  it. 

A.  It  would  in  a  certain  degree  ;  the  exact  dis- 1  gfi( 
tance  I  do  not  know. 

Q.  Then,  if  you  were  going  to  send  to  Albany 
and  also  to  Chicago  the  same  message,  you  have  at 
Chicago  a  much  greater  space  at  the  moment  of 
reversal  than  you  would  have  at  Albany  ! 

A.  If  you  sent  with  thu  same  perforated  paper. 

Q.  Then  you  Would  have  to  have  two  kinds  of 
perforations,  one  for  Albany  and  one  for  Chicago, 
wouldn’t  you? 

A.  It  tniglir  lie  necessary. 

Q.  Therefore,  if  you  wanted  to  send  a  message 
through  you  would  have  to  repeat  it  and  take  it  off 
the  line  at  Albany  and  send  it  through  to  Chicago  ?  1 9(5 
A.  I  don’t  understand  how  that  could  be  done  by 
chemical  paper  ;  I  never  beard  that  there  was  such 
a  machine.  , 

Q.  You  know  that  there  is  a  repeater  don  t 
you? 

A.  .1  know  there  is  what  they  call  an  electric 
motorgrapli,  but  I  have  never  seen  it. 

Q.  Mr.  D’lnfreville  told  us  the  otlier  day  that  lie 
had  a  message  from  Boston  to  Buffalo  via  New 


604 


■  2; o;,tT1„,,t  Nmv  « «!»«*, 

n  .  T,aL  ,10  mt0  of  no,)  worth,  ii  niinuio,  from 
s  on  to  Buffalo,  mul  that  ho  look  it  off  at  New 

1"'‘r  ll,"!s,!  ‘-••'•“"•"slniifos  could  this  lie 

ooiic  with  this  machine  ? 

19,12  ail  £',?'!  11,0  lwr/°ra|«l  imperils  it  is  used,  but 
!l  1’erfo,'!'ted  pnpur  made  by  which 
both  these  Hungs  could  be  done,  in  my  judgment. 
Q.  At  present  you  don’t  see,  in  your  judgment, 
•'  "‘ly  Hint  tiling  could  be  done  ? 

T  mi  .  1  '“f"1  (0  SI,y  Hint  it  could  not  he  done; 

present.  1  1  ,laVe  "°  wny  in  ,M-V  ,,li,1(1  at 

AT"*  £°  srait  faitl1  in  Hie  potentiality  of 
e  future  of  veutious,  I  presume;  you  don’t  see 
just  how  It  could  bo  done  at  present  ? 

A.  ATo,  sir, 

lOrtiliihv0"’  'V'3  ,yo"  lmmu  ,0  f<-Il  the  Court  that 
196.1  s  thing  which  you  have  in  that  drawing  will 

sli  '  the  difficulties  I  have 

'*'*  !m’  51  M(*  interval  occasioned  by 

J'lf  w  n.ol;a  f!ltiil  thing  to  the  operation  of  the 
•  tu're?1  IU  "c  1  you  lwvu  represented  in  that  pic- 

ol.t;.ii8h0|"la  110t!iku  tosny  Hmt  it. was  u  fatal 
objection,  because  it,  might,  be  easily  got  over. 

Q.  I  nk, ug  the  picture  on  the  blackboard,  as  it 
v„„  „?  "  .  I",1? H1 1,0  ‘"'•onted  by  someliodv— do 
ob tin  i!?,  8  tllu,  ?omt  Hint  that  is  not  a*  fatal 
that?  *  0  H,e  working  of  a  machine  made  like 
19G4  f 

imm-bW^ru  P0.,nt  ,leceasnrily  different  is  in  the 

punching  of  the  paper. 

is  MtHawtsm' "V.,re?e"t  knowledge  on  thesubject, 
Lit  n  i“i.  C','Uy  1  have  «  fatal  one  to 

I  f  e8l,°."'n'°n  the  blackboard,  without 
some  other  invention  1 

o'  Wm?Mdn,lai^iy  con3i(1el' lt  ,l  fatal  objection, 
lm  <  i  "  0  i  ‘I  Hint  instrument,  just  „s  you  see  it, 


A.  I  should  not  like  to  say  that  it  would  not  be 
practically  operative  until  1  had  tried  experiments. 
Conditions  vary  greatly.  In  my  judgment,  it  looks 
as  if  it  would  work.  I  li<  ol  jc  ti  i  gilt  lie  fatal, 
or  it  might  not.  .  . 

Q.  l)o  you  know  anything  more  about  that 
thing  that  vou  have  not  tried,  than  yon  knew  ofDbb 
the  operation  of  that  magnet  0  on  tile  line  on 
which  vou  nro  working,  and  have  been  for  months  1 
A.  I’know  more  about  its  operation,  in  the  view 
with  which  I  set  it  up,  than  I  do  about,  the  exact 
operation  of  magnet  O. 

Q.  You  set  it  up  in  your  room,  where  tins  dilli- 
culty  or  charge  and  discharge  did  not  exist  ? 

a!  1  set  it  up  there  for  the  reason  Hint  it  was  the 
onlv  place  I  could  try  it. 

Q.  And  it  was  set  up  in  a  room  where  the  diffi¬ 
culty,  I  have  pointed  out  to  you,  doesn’t  exist  t 
A.  Yes.  .  ...  r  n  1060 

Q.  You  have  not,  submitted  it  to  the  test  of  the 
difficulty  which  I  pointed  out  to  youl 

Q.  You  never  heard  of  it  until  I  called  your  at¬ 
tention  to  it  1  A.  Yes. 

Q.  You  thought  of  it  1 

A.  I  knew  the  existence  of  such  an  objection. 

Q.  Did  you  think  or  the  operation  of  the  static 
discharge  in  regard  to  the  problem  which  was  pre¬ 
sented  to  you,  until  I  called  your  attention  toil 
here!  A.  I  knew  that  such  an  objection  existed. 

Q.  You  knew  that  such  an  objection  might imsu- 
Did  yon  see  how  Hint  objection  would  operate  upon  1967 
those  pens,  until  I  told  you  about  it? 

A.  Iliad  thought  of  it  generally,  without  blink¬ 
ing  it  down  finally  to  the  pen.  , 

Q.  You  hadn’t  thought  of  that?  A  Of  what 
Q.  Of  the  objections  as  applied  to  the  pens  the 

^A^'itp^Bti^n^h^iheWliiie  I  was  using  the  cheiii-  & 
ical  paper. 

CL  When  aid  it  occur  to  you  ? 


A.  For  ono  lliing  Inst  night,  but  it  liiul  occurred 
to  me  before— Siitnnlny  night  I  think. 

Q.  Bill  you  liml  Hint  ililileulty  in  Vour  room 
ten  feet  of  wire  1  A.  No,  sir. 

Q.  You  thought  (here  would  be  difficulty 
the  line? 

1508  A.  It  suggested  itself  to  my  mind  generally. 

Q.  You  didn’t  mention  tlmt  yesterday  ? 

A.  I  don’  t  remember  whether  I  did  or  not. 

Q.  You  did  say  yesterday,  that  this  was  a  hag 
ilidnH  vou  ?  US  0  °l)<!1'a,<!<1  like  a  hug  trap 

from  rovorsul  0  Slie"ki"e  then  ofil  l™>'milty  arising 

Q.  AVe  were  speaking  of  this  difficulty  that  we 
Have  been  talking.nbout  to-day? 

A.  As  I  said  before,  if  I  am  not  mistaken,  we 
«eic  speaking  about  the  difficulty  in  regard  to  re- 
Tggg  versa! 

Q.  t  is  that  difficulty  and  no  otl.er-the  <11111- 
in*'"  \Zltf  ICVeI^11^  ^wt’  've  have  been  talk- 

Ilnp’w«°  ,of  tl,e  apparatus  over  a  long 

thn  in  i  -1Ht  into  tl,u  Question ;  bringing 

thd,  m  brings  another  eiement  into  it. 

u  ".".y  we  h!lve  l,eel*  ‘""'ins  about  is 
rontf isn’t  U  j IU  S  ,,g  fl'om  t,le  ™vow.U  of  the  car- 
A.  We  have  been  talking  about  that. 
wl^T  tBl1  che  Court  yesterday  tlmt  that 
iQ-o  A  aTii-hC".-v  apainting  machine ? 

nt,  »■£*“  °“,U 

A  w‘'lti.lyouHd^nowabout  it? 

,  work^ct3i/roi>8rIy,lrmnS*!d  W 

paper’ll Bt  d°  *®n  n,ei,n  l»y  “  properly  arranged 

thhigs1’1  and  t!l!Ii°UltieS1a,'e . Ua,,st!d  by  well  known 
urmuged  as  to  ^  1,1,8 *"  n,y  judgment,  bo  so 
4,1  “S  t0  ovo,'c?“>°  them  ;  something  in  this 


way,  knowing  exactly  what  the  distance  was  paper 
might  be  punched  so  that  the  relative  distance 
might  be  taken  into  considerat ion  and  the  signals 

Q.  Then  you  would  have  to  alter  your  punching 
apparatus  for  every  distance  or  line,  wouldn’ t  you  ? 

A.  It  might  be  operated  possibly  so  as  to  sepai-  jy  n 
ate  the  signals  in  such  a  milliner  that  the  objection 
would  not  be  as  forcible. 

q  Some  such  invention  as  tlmt  would  have  to  be 
applied  to  make  this  thing  work,  wouldn’t  it? 

A.  I  don’t  say  that  it  would. 

Q.  To  the  best  of  your  judgment  at  present  I 
A.  I  should  not  like  to  answer  that  question  m 
the  affirmative,  until  I  had  a  chance  to  experiment 
and  find  out  about  it. 

Ill/  the  Court : 

Q.  The  result  of  the  punching  apparatus  istol072 
make  the  paper  uniform,  isn’t  it  ? 

A.  Yes,  sir;  it  is  at  present. 

Q.  So  that  if  you  were  to  change  in  reference  to 
the  different  lengths  of  line,  it  would  he  iieccss.  j 
to  learn  the  alphabet  over  again,  wouldn  t  it  t 
A.  Not  as  it  presents  itself  to  my  mind. 

Q.  You  would  merely  make  a  different  ai range- 
men  t  of  tin*  signnls  you  have  at  present. 

A.  Yes,  sir.- 
By  Mr.  Dickerson: 

Q.  Tlie  intervals  lictwcon  the  holes  on  the  paper 
would  have  to  be  arranged  with  ^  l0?3 

three  or  four  functions.  You  would  ha  . 

into  account  the  static  discharge  the  l«ng  h  of  the 
line,  and  the  rate  at  whieh  the  messages  « o  e  to 
sunt  ?  A.  It  might  lie  arranged  in  my 
Q.  You  don’t  send  messages  at  the  same,  p 

I,  on.  ul.in.nt  .1  111.  tin...  1»  *>» 

come  out  at  the  other  end? 


A.  That  is  one  (‘lenient. 

Q.  I  t  is  only  one  <  A.  Y 
Q-  if  you  are  running  \ 


nil-  perforated  paper 
ir  .  ,  ■—  •-—v>  .toil  did  yesterdav,  the 
(.Ifeet  of  that  is  that  the  intervals  of  time  in  which 

lfi74,,'n".nr1S!!'i  C<""e  0,,t  nt  CMiieago,  is  reduced  to 
one-nair  what  it  was  yesterday  t 
A.  What  interval  of  time.  ’  • 

Q.  The  intervals  between  the  signals  J 
A.  H  would  be  much  reduced.  * 

Q.  Therefore  you  would  not  only  have  to  punch 
t  om  paper  ditrurently,  but  you  would  have  to  get 
“  'v‘l.v  to  control  the  speed.  That  would  be  one 
clement  of  tho  problem  wouldn’t  it? 

A  It  might  be  necessary  to  take  that  into  con- 
<1  u  on.  I  think  1  can  see  a  way  by  whicl.it 
'(mid  lie  rendered  unnecessary. 

Q.  Please  slate  it  \ 

1975  Will  !'!'U|'?is,am',!  "lwrt  of  the  signals  on  the  paper 
....  1  'be  fact  that  they  had  been  seat 

b>  l  c  chemirii  paper,  and  over  tho  chemical  re- 
*1,11  ”!*M  fiisler  Mian  they  had  been  before, 

'bill  they  did  be'ro,  ™'Sllt  l,UI"'  th°  Si""°  P,0l,0r,i0U 

„i,SJ!,rr0re  U  'S  "0,:  "ccossary  to  take  the  elc- 
'  V,  ’I”’0  nient.o.ied  into  consideration  ? 
viato  that  " tl,,S  L,,t  miSht  Possibly  oh- 

Q.  What  arrangement? 

■utlnVi,VHS  il,e  ri)omt01'  11,1  idea  of  tho  speed 
1070  o  ru  «8igni,ls  "'ele  *»t 

into  a  ';,l  ,0r  el'  °r  the  mast  enter 

sian  t  CUlnt,0n  • !,s'  t0  fcl,°  speed  of  tmnsmis- 

kiioivlmw"Stp0SSeSS  "  ee'  bdn  amount  of  technical 
Kiiow lodge,  as  a  matter  of  course. 

calculation?  bU  ,,eCeSSH,'y  r°1'  l*»n  to  enter  itdo  a 
A.  It  .night  be. 

Q.  Because,  under  this  arrangement,  two  signals 


would  come  out  meaning  different  things,  and  he 
would  have  to  distinguish  between  tho  two  1 
A.  It  is  necessary  at  present  for  an  operator  to 
exercise  some  discretion  in  reading  signals. 

Q.  (Handing  witness  paper)  I  show  you  Ex.  N. 

This  is  Edison’s  chemical  duplex  that  you  have  in 

'  \.  It  is  duplex  applied  to  automatic. 

Q.  With  that  tiling  in  your  possession  and  in 
operation,  you  could  increase  your  sending  capa¬ 
city  from  New  York  to  Philadelphia,  wo  will  say, 

300  per  cent,  by  using  the  duplex  from  Philadelphia 
to  telegraph  hack  O.  K.  while  messages  were  being 
sent  from  New  York  1 

A.  It  would  increase  the  capacity. 

Q.  With  that  .machine  in  your  possession,  and 
supposing  it  to  be  in  operation  beUi.cn  here  and 
Philadelphia,  you  could  telegraph  O.  K.  from  1  lnl- 
adelphia  on  a  Morse  instrument  just  as  well  as  upon  1<)>rs 
the  chemical  arrangement,  couldn’t  you  2 

A.  I  should  think  so;  I  cannot  see  that  tho  two 

tilings  would  interfere  with  each  other. 

Q.  Therefore  you  could  send  your  New  \ork 

business  continuously  without  being  stopped  foi 

O.  It.,  by  merely  putting  this  up,  couldn  t ;  yon  ? 

A.  Oii  one  side,  using  a  Morse  receiver,  I  should 
think  it  likely. 

q.  That  would  increase  your  rapidity  280  pel 
cent.,  wouldn’t  it?  ,  .  , 

A.  It  would  increase  it  in  the  proportion,  «hicU 
I  explained  yesterday.  o7rt 

Q.  You  have  never  put  this  up? 

A.  I  have  never  seen  it  put  up.  , 

Q.  To  your  knowledge  it  lias  never  been  put  up  ( 

A.  I  have  never  seen  it  put  up.  . 

Q.  Canyon  account  for  why  it  is itlint  the  com¬ 
pany  is  throwing  away  280  per  cent,  of  then  capa¬ 
city,' wlion  they  could  put  tins  up?  .  r 

A.  Not  being  in  the  counsels  of  tho  company,  1 

Q.  You  are  na  electrician  for  the  company  < 


putting  this  up,  they  would  incronsu  their  capiieity 
800  per  cent,  ? 

A.  No,  sir;  my  views  have  not  been  asked  about 
it. 

1 980  Q.  You  never  suggested  that  to  your  company  1 

Q.  You  never  suggested  it  to  Jay  Gould ;  lie  is 
not  an  electrician,  is  lie?  A.  No,  sir. 

Q.  You  never  told  Jay  Gould,  that  by  putting 
this  up,  they  would  increase  their  capacity  800  per 

A.  I  don’t  remember  ever  to  have  had  any  con- 
versjjtion  with  him  upon  the  subject. 

Q.  In  point  of  fact,  your  company,  in  place  of 
using  the  automatic,  is,  for  the  most  part,  using  the 
electro-magnetic  duplex,  isn’t,  it? 

1081  ^‘I'l'i’t  know  much  about  it.  • 

Q.  Aon  are  an  electrician  for  the  company  ? 

A-.  les;  but  it  is  not  my  business  to  attend  to 
such  things. 

Q.  \  <m  know  generally  the  business  that  is  done 
over  the  line  of  the  company  ?  A.  Yes. 

Q.  In  point  of  fact,  in  place  of  using  this  duplex 
or  quadra  plex  tel  egrnph,  as  shown  on  Ex.  1\,  von 
are,  to  a  great  extent,  using  the  Morse  svstein  of 
duplexing? 

A.  We  are  using  it  in  several  places,  I  know. 

i  } ,0,V110  U8‘"S >t  at  Boston,  for  instance? 

A.  I  believe  we  are  ;  I  am  not  connin' 

1982  Q.  That  is  a  large  part  of  your  business  ? 

A.  I  he  Boston  business  is  very  large. 

Q.  ft  runs  through  New  England  from  Boston, 
and  is  a  large  business.?  A.  Yes. 

Q.  You  are  also  using  it  in  Washington  ? 

A.  I  believe  we  are. 

tb?o  ,TI!°,SB  H"3,.10  6rent  arferios  to  your  trade,  are 
they  not?  A.  Y  es ;  one  or  two  great  arteries. 

W.  1  ou  are  using  one  at  Buffalo  ?  A.  Yes 


•  Q.  These  three  arteries  take  up  nearly  your 
whole  business,  do  they  not? 

•V  They  are  tlio  principal  arteries. 

Q.  Explain  where  you  are  using,  llie  auton.at.c? 

A.  1  don’t  know  all  the  places  but  I  tan 
soinu.  1988 

"  q"' Yon  are  using  both  systems  side  by  side  to 
lT  yS  ril ;  exactly  in  what  proportion  I  cannot 

t0Q  Is  it  not  an  ms  D  I  t  topi 

with  the  amount  of  businessmen  douitiijo 
Moi-se  duplex  ;  you  know,  ‘  tll.ltisnot 

t&sss&zi  -w 

G  You  are  the  electrician? 

A.  lain  employed  asm.  electrician,  but  that  is 

ontotinydei  rtment  ,ho  company  is 

Q.  The  question,  liowetu,  ">  1  , 

to  ascertain  by  wl.at  means  they  can  u.nKc 

'  .Wtk»o*o,„y 

automatic  ?  198» 

A.  I  don’t  think.  I  ever  ,  t0  you  about  it? 

nection  with  it.  .  ar,  years  old, 

Q.  The  uutonintio  Bam  sj  stem  j 

T^X'ww***'"'*** 

to  do  it,  isnlt  it? 


patent  1  Ca""°l:  S"y  :  thoro  be  other 

Jie-dir set -exam  i nation  by  Mr.  Wheeler  : 

Q.  What  is  this  paper  I  now  show  you  ?  (Hand- 
6  ino  wi  tncss  paper.) 

1S,  fn"m  of  tlu3  l»l>er  which  I  made, 
using  the  double  pen  or  stylus. 

Q.  When  did  you  do  that? 

A,  T  did  it  last  night. 

A  Yes 0h  |S  Sl,°"’"  0,1  H'»t  dmwing-X  ? 

,7'"  J’°".  sllow.  lo  "le  Court,  IU.OI1  this  pa¬ 
nt,  i  t  16  " 111  Ciese  two  pens  are  oper- 

marks°  1Hl’0<l"CnH,e  siffm,Is:  1,10  general  lines  or 


murks  are  parallel,  are  tl 
marks  dots,  and  dashes  ? 


>t,  the  upper  line 


iiTTlVV  b'ei,k  5,1  1,10  of  Ihe  upper 

t,  that  tlie  beginning  of  the  mark  on  the  lower 
Imt  s  almost  directly  under  the  end  of  the  mark 
on  Hieiipper line ? 

Q:  What  is  the  reason  of  that  ? 

n  m  other  pen  had  stopped, 
wavtu  Ti’  "'•0n  tho  lo"'el'  mm'k  follows  in  the 
would  1.  i  'Ar8,1  been  ‘les(jrib0‘l.  Hie  upper  mark 
voir  won/  the  lower  one  so  that 

you  would  read  these  two  marks  as  one? 

A.  \  es,  sir. 

So?Lmu,Vr-OUlai  A‘aic,ltu  1,10,1  ‘hat  there  was  a 
mitt  A  eA Tl'.1  be,"e  t'i'iisniitted  from  the  trails- 
m' t  ng  end  to  tho  receiving  end  ? 

A.v  Yes,  sir. 

Q.  And  that  is  one  continuous  signnlt  . 


A.  Yes,  sir.  ' 

Q.  Those  throe  marks ?  A.  res. 

Q  On  tho  receiving  end  of  the  lino  is  this  receiver 
X  is  connected  with  the  transmitting  instrument, 
is’ that  operated  by  a  change  of  tension,  or  operated 
by  n  change  of  polarity  ?  _ 

A  That  is  operated  by  the  change  of  tension.  1  a8J 
Q*  And  these  marks  then  are  produced  by  the 
transmitting  instrument  which  operate  by  change 
of  tension  ? 

q'  That, H  if  I  understand  you  correctly,  these 
dark  blue  marks  that  are  shown  on  this  paper,  were 
produced  by  throwing  into  the  line  battery  A, 
which  is  described  in  ease  00  as  having 75 cells. 

A.  Yes,  sir 

Q.  And  in  that  way  a  battery  force  was  put  into 
line  four  times  as  great  ns  that  which  had  been  on 
before?  A.  Yes,  sir.  .  1990 

Q.  Battery  B  is  described  in  the  specifications  as 
having  25  cups,  and  battery  A  as  having  75,  and 
when  you  throw  battery  A  and  battery  B  together 
lliat  of  course  gives  the  force  of  100  cups? 

Q.  Now,  wlmt  solution  did  you  use  in  the  paper 
upon  which  these  marks  arc  imprinted  ? 

A.  Ordinary  automatic  solution. 

Q.  Yon  didn’t  use  the  solution  which  you  spoke 
of  yesterday  as  having  been  suggested  by  Mi. 
Faraday?  A.  No,  sir.  , 

Q.  For  that  reason  then,  il  1  understand  j 
correctly,  that  very  faint  mark  which  you  can  dis-  1J91 
corn* upon  the  paper  on  close  inspection  was  caused 
by  a  weak  battery  i  A.  Yes,  sir.  ,  , 

Q.  State  whether,  in  reading  these  recorded  s ig. 
mils,  you  read  them  in  reference  to  their  absolute 
length,  or  in  reference  to  their  relative  length  I 
A.  In  reference  entirely  to  tl.elr  ie  atne  length 
Q  That  is  to  say,  I  observe  that  the  slioitu 
the  marks  shown  on  this  paper  have  got  an  appre- 


•  014 

Q.  Those  me  intended  for  the  dots  of  the  Morse 
Alphabet,  are  they  not?  A.  Yes,  sir. 

Q.  The  longer  marks  are  intended  for  dashes? 

Q.  Now,  will  it  make  any  difference  in  the  legi- 
100*  ir  these  long  marks  are  half 

le  length  that  are  shown  on  this  paper  and  these 
short  marks  are  half  the  length  ? 
same  N°’  Sh  !  ilS  l0"S  “S  tho  rel|itive  length  is  the 

Q.  (Handing  witness  paper).  When  did  von 
transmit  this  message  which  is  recorded  on  this 
paper  ?  (Paper  marked  Exhibit  X.) 

A.  Do  yon  mean  the  exact  time? 

Q.  Yes,  sir? 

■'!'  J\s  I1™1'  ils  I  uan  remember  it  was  between  0 
and  7  o’clock. 

Q.  Yesterday  evening?  A.  Yes,  sir. 

1111  wl,i"  apparatus  was  it  transmitted  ! 

‘  w1'11  a"  apparatus  set  up  in  my 

o  cc,  which  might  be  described  as  the  automatic 
applied  to  ease  !)!). 

,0f  ,;11  il  tint  wing  is  represented  on  the 

blnkbottd’iX  Y?  A.  Yes, 'sir. 

wiL.  vf  £  ,tho  “iwfownt-1  nppamtus  about 
"Inch  Mr.  Dickerson  asked  you  ?  A.  Yes,  sir. 

Q.  Ifow  many  ojiertitors  were  employed  ’in  vour 
experiment?  ’  - 

eriuion'1010  tlnee  pel'sons  employed  in  the  op- 

l  new  ?'  T!“'ee  besides  yourself  ? 

A.  No,  sir ;  two  besides  myself. 

W.  W lint  were  they  doing?  - 
secom?™  1,mU  "’"s  W0,  kinS  t5‘e  reversing  key  ;  the 
nnthltT  W'S  nttendi,,8  receive?  and  see- 

s  sstmsstsus:  isa 

Q.  That  is  to  say,  when  you  transmitted  this 


message,  yon  made  your  transmission  by  the  Morse 
key  instead  of  by  perforated  paper  ? 

Q.  The  other  operator  "ho  was  with  yon 
transmitting  by  means  of  reversing  the  polarity  of 

of  a  ch  iii  'e  of  Mm  electrical  condition  of  tliu  recen  - 
i„g  instrument  which  was  caused  by  the  reversal 

of  the  polarity  of  the  current?  ’ 

A.  There  is  a  change  from  one  line  to  the  otlie  . 

Q.  Is  there  any  indication  of  a  change  caused  >j 
a  reversal  of  the  polarity  of  the  current? 

Q.'  Isn’t Unit  the  time  when  the  change  would 
occur— that  is  to  say,  the  time  "  ie»  10 
passed  from  one  side  of  the  paper  to  the  other  . 

Q.'  That  is  to  say,  if  I  understand 
take  this  instrument  winch  »  bo  tra„s. 

pass  on  the  line 

through  this  polarized  relay  to  the  P°'nU  , 
is  shown  at  the  point  I  now  indicate m,  thedwj^ 

l"8/  T-  .U,nrt  o?  H  "S a  pass  through,  and  the 
rehmiiider' would  pass  through  the  upper  of  these 
two  pens  at  X,  would  it  not  (  A.  xes. 

Q.  It  would  pass  under  the  receiving  paper  and 
then  back  to  the  other,  and  down  to  a  ( 

A.  Yes,  sir.  woirtd  be  1907 

Q.  T„  that  case  this  mark  on ‘ m,u'k 
made  by  the  upper  of  tlieso  1  . 

with  a  plus  sign  ;  that  is  correct,  isn  t  it . 

si,‘-  „f  .,  reversal  of  the  cur- 

rents,^tlio  effcct'of^liat  is  n  transmission  of  the  cur¬ 
rents  in  an  opposite  direction  ? 

Q.  That  is.to  say  11 to 


tins  magnet  “0”  and  (lie  rest -of- it  would  pass 
through  the  shunt  into  the  lower  of  the  two  nens 
wouldn’t  it?  ‘  ' 

A.  Yes  it  might  he  such  as  to  pass  that  way. 

Q.  That  is  correct,  isn’t  it? 
inna  A‘  Ycs>sil‘»  tlmt  is  correct. 

1  JJ°  Q.  It  brings  about  a  result  that  is  well  known? 

A.  Yes. 

Q.  That  is  undoubtedly  the  fact  as  I  have  stated 
just  now  ?  A.  Yes,  sir. 

Q.  Whatever  may  be  the  mode  of  expression 
which  I  have  used  ?  A.  Yes,  sir. 

Q.  So  that  tile  onlj-  indication  of  a  change  in  the 
polarity  caused  by  a  reversal  of  the  current,  would 
be  a  change  in  the  mark  on  the  paper  from  the 
tin:  mark  made  by  the  positive  pen,  to  a  mark  made 
by  the  negative  pen?  A.  Yes,  sir. 

Q.  Then,  if  I  understand  you,  these  breaks  be- 
1 099  t|vwn  sif?nnls  on  one  side,  are  breaks  existing  by  a 
change  in  the  tension  of  current  f  A.  Yes,  sir. 

Q.  And  the  effect  of  a  reversal  of  the  polarity  of 
the  currents  does  not  cause  those  breaks,  but  causes 
the  mark  to  lie  recorded  on  one  side  of  the  paper 
rather  than  on  the  other  ;  that,  is  so,  isn’t  it? 

A.  Yes,  sir  ;  it  is. 

.  Q-  ^r-  Dickerson  put  this  question  yesterday, 

then  case  9!)i8a  modification  of  the  Kramer-  that 
works  successfully.”  You  answered  to  that  “Yes.” 
Dul  you  mean  to  answer,  that  case  00  which  is  a 
modification  of  Kramer,  or  that  case  00  works  suc¬ 
cessfully  ? 

2000  A.  As  near  as  I  can  remember  I  intended  to  say 
it  works  successfully. 


}Yllioh  works  successfully  ? 

A.  that  the  Edison  method  works  successfully. 


te  asked  this  question  by  Mr.  Dicker- 


ployed  by  Edison  tn.case  uu,  were  pmceu  at  me  re- 
reiving  end  of  the  line  which  was  worked  on  the 
Kramer  method  as  shown  in  this  drawing,  Exhibit 
1  U,’  instead  of  the  receiving  instruments  that  were 
used  by  Kramer,  wouldn’t  they  segregate  the  im¬ 
pulses  of  electricity  that  were  being  transmitted  on  - 
the  line  so  as  to  indicate  which  of  them  were  caused 
by  a  change  of  tension,  and  which  of  them  by  a 
charge  of  polarity?” 

A.  Yes,  sir;  they  would  so  pick  them  out. 

Q.  Would  these  segregations  of  these  impulses, 
as  they  are  called,  be  effected  by  substituting  Mr. 
Edison’s  receiving  instruments  for  Kramer's  receiv-  H60' 
ing  instruments,'  and  would  they  indicate  correctly 
signals  which  were  being  transmitted  from  the 
transmitting  ond?  A.  No,  sir. 

.  Q.  The  reason  of  that  is,  as  you  stated  on  Mon¬ 
day,  that,  in  transmitting  from  the  transmitting  end  jqqo 
of  tho  Kramer  machine  each  operator  sometimes 

employs  a  change  of  tension,  and  s< . -•  - 

change  or  polarity,  so  that  he  combines  both  to 
effect,  the  signal ;  I  think  you  stated  that  on  Mon¬ 


ti.  I  think  you  told  us  this  was  the  fact  in  re¬ 
gard  to  these  two  instruments,  that  when  both  the 
keys  are  depressed  at  the  transmitting  end  of  K  and 
K the  effect  of  the  joint  action  of  the  two  batteries 
MB  >  and  MB  3  is  transmitting  a  positive  cur¬ 
rent  along  the  line ;  that  is  correct,  isn’t  it?  -A 

A.  Yes,  sir.  . 

Q.  Thou  if  we  have  a  positive  current  transmitted 

along  the  line,  it.  would  be  indicated  by  the  receiv- 
ing  instrument  of  Edison  winch  operates  by  a 
change  or  polarity  ?  . 

A.  it.  would  indicate  it  in  a  certain  position  o£ 
armature,  not  in  another. 

Q.  Suppose  you,  were  transmitting  a  signal 
from  K  that  would  bo  indicated  at  the  receiving 


®  instrument  y  was  substituted  for 
lit-  instrument  shown  on  this ‘drawing  ;  now,  sup- 
>"s<\ win'll  •vo"  Unis  transmitting!!  rimenl, 
on  depressed  Urn  key.  1C  Mint  elmnge  would  be 
change  or  polarity,  not  a  change  of  tension, 
i*oi i Icin’ |  U  J  A.  Yes  sir. 

A.  And  that;  change  from  negative  to  positive 
•on  d  lie  recorded  by  (|,„  polarized  relav,  hat 
I'oniiMna  be  recorded  by  the  neutral  relay,  ’is  that 

Q.  So  that  in  this  ease,  while  both  operators  were 
•.'•mg  to  s.-nd  signals  there  would  beonlv  one  set  of 
islriinieiits  recording  that  signal  1  A  Yes  sir 
Q-  And  in  that  way.  if  that  substitution  were 
1  ,lc  or  a  double  sending  telegraph 

onhl  be  destroyed  J  A.  It  would. 

Q-  \  on  were  asked  yesterday  in  regard  to  this 

"lo  magnet  at  A';  you  staled  that  that  magnet 
!  'I'1  Ill,l"'i"e  if  there  were  a  break  along  the  line 
hde  a  message  was  being  (lansmilled.  Stale  what 
'  c  eel  IS  or  would  be  on  that  magnet  when 
1  '  it)  tut  is  closed,  by  the  pen  which  is  used  in 
nneclio"  with  the  transmitting  drum  reaching 
e  or  hesejmes  on  the  perforated  paper.  That  I 
derslninl  would  close  the  circuit  would  it  not  t 
V10  1  ;I1  lilI,!  ttpoken  or,  to  the  best  of  mr  re- 
■lection,  was  in- connection  with  the  ordinary 
tomatic ;  I  don’t  remember  that  the  term  tell 
e  Ims  been  applied  in  the  manner  you  speak  ok 
1,18  magnet  if  is  shown  in  con  tied  ion  with 
!  'mu  ?  A.  Yes. 

i-  Aon  stated  yesterday  that,  it  would  show  if 
ire  wore  a  break  in  the  lino  f  A.  Yes. 

J-  f  you  were  triinsmitting  messages  at  the  rate 
-a  )  words  a  minute  by  the  automatic  process, 
g  perforated  paper  would  this  magnet  K  in- 
«te  these  signals  intelligibly  ?  A.  No,  sir. 
i-  Why  not  1 

Bu,:"uso  Hw  rapidity  of  tlio  succession  of  the 


vilnii lions  intelligibly — Mm  speed  or  tvansmis- 
ssion  would  he  so  great  that  it  could  not  per- 
•m  its  ollicc  with  success. 

Q.  With  flic  ordinary  Morse  instrument,  you  can 
stinguish  Mm  signals  which  are  forwarded  ! 

A.  Not  l).v  the  automatic. 

Q  All  Mica  that  this  magnet  would  show  would 
i  whether,  in  the  automatic  method  or  tmnsmis- 
:in,  I  lie  circuit  was  broken  or  not  ( 

A.  During  the  sending  by  pet-rotated  paper,  l 
iglit  indicate  other  tilings ;  Tor  instance,  a  ground 
i  the  line,  or  a  change  similar  to  that. 

Q.  That  would  be  a  defect  in  the  circuit,  woiildn  t 
(  A.  Yes. 

Q.  Having  that  magnet  there  would  not,  while 
ie  process  or  transmission  was  going  on  by  ttie 
iitomatie  system,  enable  tile  operator  at  tile  other 
nd  to  signal  back  that  the  message  had  not  been 
i-ceivcd  correctly  !  2008 

A.  Not  wliile  sending  by  the  perforated  paper' 

Q.  Would  it  convey  an  \  T  .  '  '  tll(i  s,,b' 

cct  ?  A.  No,  sir.  .  , 

Q.  To  the  opeintor  nt  the  transmitting  eiul 
A.  No,  sir.  . 

Q.  Now.  von  were  asked  some  questions  yeslL  - 
lay  in  regard' to  this  Exhibit  P,  this  chemical  quud- 
-uplcx,  as  it  has  bcei\  called  i 

Q.  Your  attention  was  called  to  the  quadruples 
method  as  shown  in  the  figure  7  on  that 
Is  there  any  contrivance  shown  on  the  drawing  . 
ivliicli  the  operator,  at  tli  receiving  cud  it  >'«  00J 
roundthu  message  was  not  arriving  correctly,  coiil 
signal  back  to  the  operator  at  the  tranauiUiitg  wa 
tlmt.  saeli  was  the  fact  ?  ,  ,  . 

A.  No,  sir;  I  didn't  liadmiy  such  device  as  that, 

Q.  It  is  not  shown  there  1  A.  No,  sir. 

Q.  Or  course  he  could  have  the  per Jonito  • ' 
to  express'  that,  he  could  put. l  ot.  the  d  urn  and 
send  it  hack  in  Mint  way,  and  in  that  way  t  ^  ^ 


wnum  uio  iriiii.smi.sswn  commenced :  tlml 
“«l,  isn’t  it.  ?  A.  Yds,  sir. 
til  wouldn't  it  practically  take  niiicli  mon 
procure  the  perforated  paper,  aiul  insert  ii 
1  mm,  tlian  t lie  transmission  by  the  Morse 
I  lie  signal  0.  K.,  or  whatever  was  itscquirii 

es,  sir ;  it  would  in  my  judgment  lake  i 
inie  than  to  tap  the  key. 
s  a  practical  thing?  A.  Yes. 
it  laid  such  a  connection  as  is  indicated  it 
wing,  lix.  V,  he  could  transmit  and  retnn 
ige  by  a  Morse  key,  and  having  that  re 
l  the  transmitting  end,  he  would  save  tinu 
metical  conductor  the  business  or  the  line: 
diould  judge  he  would. 
hi  were  asked  some  questions  yesterday  it 
to  this  bug-trap  on  Ex.  V,  which  is  marked 
ml  you  said  it  would  not  operate  at  all  oral 
i  it  would  not  operate beneliuially  when  you 
leiving  messages,  owing  to  reasons  whieli 
e  on  Monday.  If  it  became  convenient  foi 
mt or  at  the  transmitting  end  to  transmit 
s  by  a  reversal  of  the  polarity  current  upon 
se  system,  instead  of  using  the  perforated 
nd  then  you  said  the  bug-trap  came  inti 

it  by  reversing  the  battery  ;  no,  sir.  • 
will  modify  my  question.  It  would  conn 
y  when  the  transmission  was  being  made  by 
ige  of  tlie  tension  of  the  current  ?  A.  Yes. 
d  I  understand  you  to  say  then,  that  when 
transmitting  by  a  change  of  tension,  and 
eimcal  paper  at  the  receiving  end,  and  per- 
inper  at  the  transmitting  end,  the  bug-trap 
practical  utility?  A.  No,  sir. 
u  were  asked  this  morning  some  questions 
cl  to  the  electro-motive  force  which  would 
red  to  make  a  signal  at  the  receiving  end. 
a  fact  tlint  the  .electro-motive  force  which 
ted  to  make  a  mark  on  chemical  paper,  is 


lCl.  less  than  that  which  s  q  i  1  tl  Mown 

rZ*-  as  the  Morse  apparatus  is  generally  ai- 
iged ;  it  could  be  made  more  sensitive  if  ne- 

.  invention  which  has  been 

S!.  -*  ■. 

He.  You  have  heard  of  such  an  invention? 


a  ^  von  know,  in  practice,  in  which  end  of  the 
S' the  static  discharge  is  greater,  at  the  tra.isim  - 

rfi"  o7  p— «Tn 

tat  I  tavo  bwi  ,n 

hose  opinion  T  have  coniidence. 

Objected  to. 

Q.  You  Imre  never,  in  .the  course  of  your  own  ex- 

,’QnwS«ti'vtatt,JSSta.  «"*  *- 

'TS1:— SJS.1..1.S.P— . • 

sending  end.  .  object  of 

Q.  Do  1  understand  yo.  to  s.  J  J  dlffl- 

tlie  overflow  dam,  so  c  alled,  is  to  ol.u- 
cully  arising  from  tliis  static  rbarge mi 
A.  I  leave  already  said  llnil  1  do  I  <>  •  ^ 

derstmid  tin-  rna.morin^-lHcthtie. 

tlint  connection  tlio  expression  ««  >  umler- 

mittingover  a  long  bne” 

stand  by  tlint  expression,  l  a-  ^  but  if 

. . 


A.  Only  comparatively  ;  not  as  compared  with  n 
long  lino. 

Q.  You  were  asked  in  regard  to  the  title  of  this 
A.  &  1\  Co.,  to  these  automatic  patents.  You  don’t 
know  anything  yourself  in  regard  to  the  fact 
whether  there  is  or  not  a  lawsuit,  pending  in  re¬ 
gard  to  the  title,  do  you  ) 

A.  No,  sir;  except  this  one. 

Q.  You  were  asked  in  regard  to  the  title  to  the 
automatic  patents,  and  it  is  in  regard  to  those  that 
you  don’t  know  whether  or  not  there  are  any  suits 
pending.  A.  Yes. 


Q.  You  said  you  send  250  words  a  minute,  lmt 
that  the  electro-magnet  would  not  respond  fast 
enough  lo  take  the  signals  ? 

A.  To  render  the  signals  intelligibly,  I  mean. 

Q.  It  would  not  respond  if  the  signals  were  all 
up  or  all  down? 

A.  Not  unless  there  was  a'  special  arrangement 
for  that  purpose. 

Q.  Any  arrangement,  you  know  of  for  the  pur¬ 
pose  with  0113-  electro-magnet  3-011  know  of  to  send 
250  words  per  minute  would  involve  a  separate  re¬ 
verse,  wouldn’t  it,  four  one  way  and  four  the  other  1 
A.  I  should  have  lo  figure  that  out. 


Q.  It  would  involve  about  7,500  vibrations ; 
something  like  that  1  A.  Yes. 

Q.  Do  you  know  of  any  electro-magnet  that  will 
respond  to  that  rate  1  A.  Yes. 

Q.  Have  you  ever  seen  it  done) 

A.  Yes;  I  have  seen  it  done  at  the  rate  of  7,200 
vibrations  per  minute. 

Q.  That  is  half  either  way  1 
A.  Yes  ;  half  either  way. 

Q.  But  wo  have  double  that) 

A.  I  have  never  seen  it  done. 

Q.  You  have  no  doubt  it  would  work  perfectly 


V  I  have  heard  that  such  an  arrangement  would 

ive,  because  l  have  see  t  .lone  >.s  ^ 

inned  i!y  gcial’emen  that  it  would  perform  at  that 
toiler  about 

«"V° ■*?!!  ^eSo-»mg.mt  at  the  other  end) 

not  on  a  common 

nagnet;  there  is  a  difference.  clo  ,ou 

«.  «■•* 

*■*  em,0, 

_I  think  n  properly  conslruntetl  polnri/ctl 
lav  would  work  at  Chicago.  would 

Q.  Any  relays  that  you  know  of  now 

d0A\  don’t  know  about  that;  I  think  they  could 
te<r?ai°££  »one’s  apparatus,  don’t 
‘'a.'  I  understand  the  principle  of  it ;  I  hare  ne 

"'a^Vheatstone’s  apparatus  has  got  “ 

relay  at  one  end  for  the  purpose  of  taking  „  , 

hasn’t  it)  A.  Yes.  ii-.insmitter  at  the 

Q.  Audit  has  an  automat c  "  them, 
other  end  tor  the  purpose  of  Uansmitt.  fc 

Q.  Se  object  of  the 

Q.  YVlmt  was  it  for)  d  0£  tele- 

A.  It  was  intended  to  increase  the  spec 
graphy  as  it  was  at  that  time. 


thin-  II  nS'l  1Vl1'*n,ph  ,Co-  f.  Imven’t 

U  ^  ,  ?  ?  A>  1  ,mvu  s,)  liwircl. 

Q.  I  lie  British  government  uses  it  i 
A.  I  jiiii  so  informed. 

mwO.Il'f  is  "  ,;o'" to  Iner  fl  ,  |  0f 

ivilh  Vi  1  y  ,ra,,,"»  h"°  •'‘"•iieelion 

-S  r  A“,i-,irr"'s "  “ 

■el^,M,'>"U,ir"'°  u,?nron*»’b  t"<>  sender 

zed  relay;  !""1  ''"rodneesn  polar- 

A  Yel  ' h!"  'S  °110  g,em  element  in  speed  i 
n hi u te’1^  MmClli"U  lm'S  "  *>f  ISO  words  per 

t  'Vil11 1,1  *  1  1  o  i  f  I  regard 

;  1,'j,  i^Mperl-ect'-, IPi lstono*s  il|slriimentordevice 
A.  Nothing  of  tiie  kind. 

, )0  you  ,l,ink  .'’Oil  could  do  bet  ter  Mian  helms 

O  n !I,i,,k  if,is  !,s  fnsf  as  it  eould  he  madet 

. . ha  ideal  eleetro-mag- 

.... ...  '  'VIL,S  '  "s  '""e  '»  this  country  that  will 

A  No  ••  l!'n  2(1  'V0IX,S  l’er  minute? 

Sci&iKPUSS  h,  ■ll»  W™* 

•V  mi158  ’."m°ng  the  highest.  • 

3ii’ t  it?  l,,St,  ,,n,Cnl:  h,,s  1,eon  sent  to  this  country, 

Illti'y  w"a  ,,Wt  ma°hiues  have  been  sent 
l  S'  Weie'sellt  ''ere  to  have  them  tried? 

I  Iii  competition  with  the  Morse  ? 

1  do  not  know  for  what  purpose. 


Q.  At  any  rate,  that  machine  does  not  go  above 
120  words  per  minute  ? 

A.  I  have  heard  it  so  stated. 

Q.  And  the  reason  of  that  is,  that  the  electro, 
magnet  cannot  take  the  signals  any  faster  ? 

A.  No,  sir. 

Q.  What  is  the  reason  ?  2020 

A.  Because,  instead  of  having  chemical  paper,  they 
liavo  mechanical  means  to  push  the  paper  up  nnd 
down,  which  puts  a  further  break  upon  the  magnet 
at  tlio  receiving  end ;  that  is  one  of  the  reasons,  in 
my  judgment,  why  it  is  not  faster. 

Q.  There  is  one  paper  pushed  up  nnd  down, 
nt  the  transmitting  end  < 

A.  Because  his  receiver  is  an  ink-writer. 

Q.  An  ink-writer  will  write  as  last  as  a  polarized 

A.  I  should  not  like  to  say  it  would  ;  I  do  not 
consider  that  it  would.  202tj 

Q.  This  ink-writing  pen  is  under  the  control  of 
the  electro-magnet  (  A.  Yes. 

Q.  They  are  vibrations  of  the  electro-magnet  pen? 

A.  Yes. 

Q.  And  marks!  A.  Yes. 

Q.  And  tlie  work  of  that  pen  cannot  be  made  to 
jo  faster  than  120  words  per  minute ! 

A.  I  have  heard  ;  I  have  not  seen  it  tried. 

Q.  Practically,  it  will  not  work  more  than  90? 

A.  That  1  cannot  say,  not  having  a  practical  ac¬ 
quaintance  witii  tlie  machine. 

Q.  You  think  you  could  take  the  electro-magnet, 
nnd  make  it  work  COO  words  a  minute,  if  you  had  2027 
your  way. with  it? 

A.  By  giving  it  less  work  to  do. 

Q.  Such  as  opening  and  closing  the  circuit  fora 
local ? 

A.  Yes  ;  and  by  making  the  motive  parts  ris  light 
as  you  could,  to  do  tlie  work  they  had  to  do. 

Q.  Wheatstone  probably  did  that,  didn’t  he? 

A.  I  should  tliiiik  so,  but  I  don’t  know  •,  I  have 
seen  the  mechanism  of  the  machine,  and  it  didn’t 


Cn,,Z ,l*1" 

MiS'  ,rn  *)',?■'  S,ll)1r  ,Iln‘  Mr.  Wheatstone,  in  gb|. 

Ti  <1i<1,*'t  ll“  "'ofive 

0 1)0  obcihi,  1  -  1  nlb  con8islent  Hie  result 

-•»  <»>- 

oni,eS; \VT\”lV.  ■  811 "’  °‘  *•1'°  mechanism 

might  bo . delight""  J,Mlg°  t'",t  S0",e  °f  U 

Inis  doiloT  y°"  ",,Uk  y°"  c0"ld  do  mor“  lhan  lie 

about  itV  "S  ‘V°m  0f  I,0'v  .vou  would  start 
2029  ooi'  sSu.is^’l^.'lu.n;^"0'11  «™Went  tore- 


Q.  A  polarized  relay  Ji 
wiemical  apparatus?  A. 

Q.  \ou  cannot  make  v< 
t,mn  Wientsl oiie'could,*  c 


ir  polarized  relay  lighte 


«■  Thai,  he  could  nuikein  W"rB  llS'"0r- 
A.  Than  l,e  did  make  it. 

Q  n,v«  v, tnBlla1,«  experiment. 

A.  Only  on  ‘he  subject  1 

from  others.  *  ve  ®  ealMid  ^10m  rending,  and 

joe?,'  £1°  uy°U  'a„Vmve  W  opinion  on  the  s..b. 
lU  fundamental  necessity  that'  you 


should  know  how  fast  that  magnet  can  bo  charged 
and  discharged  between  Chlcngonnd  New  York  I 
A.  1  cannot  state  that  positively,  wliat  it  will,  or 
will  not  do. 

Q.  You  must  know  Hint  heroic  you  can  have  an 
opinion  that  is  entitled  to  any  weight  1 
A.  I  can  form  some  opinion  and  judgment  about  2031 
it  from  what  I  have  read,  and  from  the  opinions  of 
others,  upon  which  I  can  rely— the  opinion  of  gen¬ 
tlemen  with  whom  I  have  conversed  upon  the  sub¬ 
ject. 

Q.  You  don’t  know,  of  your  own  knowledge, 
what  that  machine  will  do? 

A.  I  cannot  state  positively,  of  course,  from  know¬ 
ledge  derived  from  my  own  peasonal  observation, 
but.  I  have  an  opinion. 

A.  AVliat  are  the  sources  of  your  opinion  ? 

A.  I  have  seen  polarized  magnets  vibrate  ;  I  have 
conversed  with  others  upon  the  subject  whom  I  re-  2032 
gard  us  authority,  and  1  have  also  read  and  studied  " 
upon  the  subject,  and  from  these  various  sources  of 
information  I  have  formed  an  opinion. 

Q.  Will  youjbe  good  enough  to  give  us  a  reference 
to  any  book  that  you  have  read  and  studied,  from 
which  you  learned,  that  a  polarized  relay  at  the  end 
or  1,000  miles  of  wire  would  charge  and  discharge 
fast  enough  to  enable  the  armature  to  indicate 
1)00  words  a  minute  ( 

A.  I  cannot  recollect  all  the  books  I  have  read 
upon  the  subject. 

Q.  Can  you  refer  us  to  one  authority  which  is 
the  basis  of  your  opinion  ?  2033 

A.  There  is  the  report  of  the  U.  S.  Commissioner 
who  was  sent  to  Vienna  ;  that  is  one  of  the  things 
I  have  seen  in  reference  to  charging  and  discharg¬ 
ing  polarized  magnets. 

Q.  Does  that  report  say  anything  about  charging 
and  discharging  a  polarized  relay  in  Chicago  from  a 
reverse  battery  in  New  York? 

A.  Chicago  is  not  mentioned. 

Q.  Nor  1,000  miles  ? 


a.  Aor  any  long  distance. 

S  '7^  «»d 

line.  •  “  ltco,d  iU  such  a  length  of 

~‘!i,T“irr'1  “  °"fa»  ■■  •"«  ™t«»i « 

.  o  i  A.  No,  sir. 

iwl  j ■■  i ! : i  v  ii|  C|',!"r  ?',0<!r  D^M  Ulllti.  (mlnr- 

#3,l-srfe=rr-«K; 

exactly.  raderstnnd  your  meaning 

impulse,  doesn’t  jj^,lli),dse  ,11'ece^es  an  increased 
A.  It  varies. 

Q*  Tlmt  Is  whv  rimt'A  ,•« 

‘he  tailings  on  the  auto Lltlf>»nfriVan“  t0  cnt  off 

A.  Tailings, in  a  l1i,!i  tole°l'nPl1’  is»’t  it? 

follow  after;  S  011  se«se, are  something  that 
Q-  Both  before  and  after,  isn’t  , 


A.  It  might  be  used  in  that  sense. 

Q.  The  fact  is  the  signal  will’como  out  in  this 
way :  they  will  begin  at  a  line  point,  swelling  along 
on  the  paper,  and  then  come  to  a  maximum  of  in¬ 
crease,  and  then  dwindle  down  to  a  line  point  on 
the  other  end  i  Q()„» 

A.  Yes,  that  happens.  '  J! 

Q.  Which  results  from  the  fact  that,  the  feeble 
impulse  affects  the  paper  that  would  not  affect  an 
electro  magnet,  and,  therefore,  this  invention  of 
Edison’s  is  to  cut  the  tailings  off  from  both  ends? 

A.  Yes. 

Q.  If  you  are  reversing  signals  on  sensitized 
paper,  the  intervals  between  them  must  be  made 
longer  on  account-  of  these  tailings  tlinn  if  they 
were  cut  sharply  and  squarely  off? 

A.  I  should  consider  it.  so. 

Q.  That  is  one  of  the  difficulties  that  the  electro 
magnet  doesn’t  have  to  encounter?  2038 

A.  I  could  hardly  say  that. 

Q.  Do  you  wish,  to  take  hack  your  last  answer  ? 

A.  No.  sir. 

Q.  (Handing  witness  Ex.  X).  Now, just  read.tliat 
.  paper? 

A.  “How  is  this?  The  Allan.” 

Q.  That-  was  sent  by  n  Morse  operator? 

Q.  A Mhe  rate  of  2fi  or  30  words  per  minute  ? 

A.  I  sent  it,  ns  fast  as  I  cculd  manipulate  the . 
key. 

Q.  You  are  ail  .operator?  A.  Yes. 

Q.  How  fast  can  you  send  ? 

A.  35  words. a  minute. 

Q.  Did  you  send  that  message,  35  words  a  min¬ 
ute  ?  A.  I  sent  it  ut  that  rate,  I  think. 

Q.  You  didn’t  send  it  automatic.? 

A.  Not  by  perforated  paper.  . 

Q.  Therefore. you  were  sending  a  slow  set  of  sig¬ 
nals  ?  A.  Comparatively  slow. 

Q.  Therefore  there  was  a  good  deal  of  time  tor. 
tlie  reversal  without  affecting  the  receiving  papei  ? 


Q.  If  you  were  sending  f.00  words  per  minute 
Mien  tile  difficulty  would  occur,  Hint  don’t  oc’ 
cur  in  slow  sending? 

A.  The  difficulty  would  begrcnler. 
onto  , Q<  .Yo“  Hmt  here  for  the  purpose  of 

20d0 showing  ih.it  it  was  sent  by  automatic  orperfomled 
pa]>er,  didn’t  you  ? 

A.  No,  sir ;  T  merely  brought  it  us  u  practical 
illustration  of  how  it  wotild  work. 

,..„Qi'  No!V  U>  s|!"."'  in  refeienfc  to  this  difficulty 
.  lane  been  talking  of  i  ■  A.  That  was  my  object. 

exist?1  A°yoSsh"’  l1""  """  does  not 


Ite-dirccl-cxaminalion  by  Mr.  Wheeler  : 

041  n  v 

«.i.  .1  "  " ert!  usked  just  before  the  recess, 

ether  you  had  seen  any  description  of  such  a 
voii'sMn  iT  i'3  1,!\thi,t  •V°U  ,lnvc  mentioned,  and 
1  , ,r r  yo"  suo"  "  description  of  it  in  a 
“"'""winner,  who  was  sent  by  the 
Ui  led  States  o  the  Vienna  Exhibition.  I  show 
el,  iKn  '  1,01,1  iM  I»"d.  and  ask  yon 

j.10  1.’il!’w|g°  ,lf  ‘he  report  to  which  von 
K  iel  ?  (Relerrtng  to  page  38.)  A.  Yes,  sir.  ' 

lirstTil,,!'  -/0-"1  tl,01  l,i,SS!lS°  question.  In  the 
•u  hi,SrU-,i' ,le,:,i,Utl  description  „f  theappa- 
iosTde,  i,  f  ,'011(1>  hut  which  wo  will  con- 

“  “of  tin*  mi ‘  i  ^ ^ll?  electro  magnets  used  are 
“e,n  nv  v merl  Pn,,en'  l,er°10  described,  the  one 
“  local  f  })1,pei'  frame  beingworked  bv  a 
« ,!r;e"-!  Mr-  ^cv  cU'U"*  to™  recorded 

“a  minute  T'Ti"’  1,1  11,0  11110  of  20>000  to  30,000 
!  1,1,110  *»*  of  his  apparatus,  which 

‘  *  occluded  ’  tb°  1,"l1’0''  "  hlch  isi‘hout  3  by  4  inches, 
“Stv  Ti  |IU  minutes  in  passing  under  the 
*'  1  he  lines  drawn  by  the  stvlns  i_„r 

1,U'h  "1)lut>  1,1111 «  the  transmitting  paper  tern 


o  to  lie  covered  with  dots  placed  at  that  interval 
»  Irt.tlio  surface  would  hold  70,800,  each  of 
»  which  would  give  a  separate  emission  and  record. 

»  making  an  average  or  nearly  19,000  per  minute. 

..  With  a  view  of  testing  the  accuracy  of  the  copy. 
«L  the  writer  asked  a  member  of  the  .lapanese 
'(nil  mission  rewrite  a  message  in  his  own  bn-" 
ogaage.  and  on  passing  it  through  the  instrument, 
“it  was  found  to  be  transcribed  with  almost  abso- 
“  lute  correctness.”  That  is  the  magnet  to  which 
v«ii  referred  l  A.  Yes,  sir. 

'  General  IMler.- You  say  the  Vienna  commis- 
shin  made  some  experiments.  How  man}  Ablu¬ 
tions  did  they  find  there? 

A.  As  I  read  that  paragraph,  and  understood  it, 
it  was  in  the  neighborhood  of.  19,000  actual  signals 
sent  on  19,000  vibrations,  although  the  inventor 
claimed  that  lie  could  get  more  than  that. 

Q.  They  counted  19,000  actual  signals  sen  1 1  , 

•\  That  tliev  could  send.  . 

Q.  And  that  by  the  vibration  of  the  polarized 
magnet?  A.  Yes,  sir. 

Re-crusx-extt  hi  illation  bit  Mr.  Diekerson  : 

Q.  -mat  is  what  is  called  a  pen  telegraph  i 
A.  A  writing  or  pen  telegraph 
q.  a  sort  of  instrument  by  which  }  on  „ 
fac  simile  of  writingl  A.  Yes,  sir.  .  , 

O  You  write  upon  a  sheet,  of  paper  with  some 
kind  of  an  ink,  which  is  itself,  a  »oll;0',101,,!t°'1’ 
then  you  place  that  on  a  re  1  .  D  '1  »1  , 

pass  the  polo  of  the  battery  across  is  ’  .  .jv 

anil  the  polo  of  the  battery  presses  i  -  ■  >  .  j 

around  that  cylinder ;  whenever  it  comes  to  Ihi  inK 
which  is  an  insulator,  the  current  dow  n  1 
When  it  comes  to  the  paper,  which is  n ad' »  q| 

diictoi*  by  proper  means,  (tlio)f  vuii  ■ 

«»«.  U  iiwlunco)  Hie  — =  »•  < 
quen tly,  a  corresponding  effect  is  pie 
other  tmd,  by  a  peculiar  apparatus  foi  that  pi 
pose.  That  is  the  machine? 


"  ""W'a  -  -  1 

— ■math’'-  -  -  <  aa-  v-.-.v'.:  •„-  3^ 


n  f'“t  as  1  understand  it. 

''«»"'!';",I«"".t:ri:r^ra""  '*  *«* » 

20J(i !‘"(1  S&Eai1  11,0  ink  onUtho",m°per‘ 

(t  f1 k  thu  i “ending  end. 

2047  iiS^Br£'^,hh‘ki 

().'  tj!  !m'!L‘T,  . 1  T(1  tJS "",  rl  i,:- 

S*,'""1 {'"rt'WHioInkpria^ 

Piobl,..,. »  ontl  <>r  Hie  factors  of  i]lu 


fer<ilv!iiioi„(.|(,|,.''  ‘ll<1  °f  "  bel,»e  done  in  Thompsc 


''liieliiliu  were  put  in,  "t'nu;’  11,1,1  H'erefore  if  lliis 

;»'■« » 

.  Q-.h  i»  written  win,;,].'  ”  1,0,1  »nd  ink. 

f;".'e,t  "ould  take  ,]J  ,  '  °.n  11,0  l«'|Jer,  and  there- 
ol»"“of  ilia  ink.wt0"°,n  11,0  Wheatstone  n!a- 

nnM  '««.  and  write  out  W,  ink  ^ 


A.  1  should  call  the  essential  character  of  it  dif 
Cerent  entirely. 

Q.  1  mean  that  the  effect  that  is  produced  is  pro 
duccd  first  by  reversing  the  current  1 

A.  Yes,  sir. 

Q.  Secondly,  these  reversed  currents  operate  up¬ 
on  an  apparatus  that  is  an  ink-writer '( 

A.  In  the  sense  that  it  puts  a  surface  of  ink  on 
the  paper  it.  might  be  called  an  ink-writer,  but  it  is 
not  what  is  known  as  such. 

Q.  It  is  the  machine  that  operates  by  making  ink 
marks  on  a  paper  ?  A.  Yes,  sir. 

Q.  It  is  not  a  chemical  telegraph  in  that  sense  at 
all  ?  A.  Not  as  T  understand  it. 

Q.  Therefore,  if  put  in  this  machine  of  Edison’s, 
anda  Morse  tin  asm  it  ter  put  at  the  other  end,  it 
would  become  a  Morse  automatic  machine,  with  an 
ink  writer  iit  one  end  and  the  Morse  transmitter  at 
t  he  other  end  ! 

A.  If  the  whole  instrument  was  put  in  at  the 
other  end  ;  yes,  sir. 

Q.  You  could  substitute  this  ink-writer  for  the 
Morse  ink-writer,  or  any  other,  and  transmit  with 
the  Morse  tinnsmitter,  and  that  would  be  a  means 
similar  to  that  used  by  Morse,  in  his  early  experi¬ 
ment,  except,  it  would  be  faster,  as  you  have  the 
machine  faster'! 

A.  It  would' have  some  of  the  elements  in  com¬ 
mon  with  it. 

Q.  It  would  he  exactly  that  thing,  would  it.  not  ( 

A.  Exactly  with  respect  to  wlmt  ? 

Q.  Exactly  with  respect  to  the  general  mode  of 
its  operation,  naniuly,  first  the  circuit  is  made,  and 
closed  by  Morse’s  type  machine  or  port-rule,  as  he 
called  it ;  secondly,  the  current  passes  over  the 
line,  and  is  reversed  ;  third,  when  it.  gets  at  the 
other  end  it  operates  an  electro-magnet,  which  is 
polarized;  and  fourthly,  that  elect)  o-ningnet,  polar¬ 
ized  by  this  action,  writes  the  message.  In  that 
Sense  they  are  the  same  ? 


03-i  • 


oliiL)'111  1111,1  SU,IS0  «ro  very  much  like  each 
Q.  I!  is  the  substitution  in  Mint  origin,,]  Horse 
. *• 

2052  ,i7'  J . ”.Jj!  .!  '  ,bat  question,  because 

iin,j  me. so  loltili v  different. 


Mr.  DM,;; 


it  nsk  v 


J'ir  (!,n‘r'-rU  tku  armature  n Heeled  i, 
b'  11  1  1  1  '  i  this  ink-writer? 


i.v  way 


thenia  -7  Hke  '°  a"s"'01'  Hint-  question  in 
205;}  lino  it 

v„nj.  *«""  ,01!  1  >al  lkls  at  Chicago,  and  lireak 
d„  chi,...  "?  7  Yolk> tllen  H*'s  "-011111  nor.  ' 

...L'^sLuit  t*  ■?  "■ “• 

Jlorse^n'uu.hin,!''':  slo"<!<*  UP  .someway  as  il,e 

lenglli  of  M,e  line''' *  °"  Ll*  ,,p'  by  ,vaso"  of  i lie 
l..iVinV«>,Nl,!;'t  JI>“7*,,S0  diirerent  ra,r|S 

205 1  da  v,'  •VO"1®"1  to|ognil>ii  to. Oranlm  lo- 

minute?  *  ’  °  Ill!ll!,llne,  about  twenty  words  a 

Q  Von  ™n„rfl!0,,l‘1  tllink  111,11  ""'Slit  i'o  done. 
a  if  """lot-do  more  tliau  tlmt,  can  yon  ? 

lino  and  ."'r  ,g00<l  ",s"latio"  the 

things.  ' '  Jtt  ,,r  tho  repeaters  and  other 

A  li;vla,,inu  'vitllout  ,l  repeater  ? ' 

1°  m’-  .mSosS'SSS  “ 


Q.  Then  you  cut.  your  line  half- way  and  put  your 
instrument  in,  and  you  would  get  a  great  deal 
more?  A.  Some  more. 

Q.  And  then  cut  in  half  again,  you  would  get. 
more,  mid  so  on, -until  you  got  the  instrument  and 
battery  in  the  same  room  ?  A.  Something  like  that. 

Q.  Therefore,  in  this  apparatus  in  which  tho  bat- 2065 
tery  and  instrument  are  in  the  same  room,  you 
have  no  proof  how  a  thing  like  that  would  work  in 
Chicago  with  the  battery  in  New  York  ? 

A.  No,  sir,  certainly  not. 

Q,  It  does  not  tend  to  prove  anything  about  it  1 

A.  Only  what  the  polarized  magnets  can  be  made 
to  vibrate. 

Q.  Polarized  magnets  having  a  very  minute  quan¬ 
tity  of  wire  and  a  very  minute  time  of  charge  and 
discharge,  that  is  all  it  means  1 

A.  I  should  hardly  say  that.  I  lie  quantity  of 
win-  ads  differently  on  the  magnet.  opgg 

Q.  Then  we  will  get  at  the  science  of  it.  You  " 
mean  to  say  that  the  amount  of  helix  involved  in 
the  polarized  relay  and  (lie  size  of  tile  core  is  one 
factor  of  the  time  in  which  it  can  lie  made  to  act  ? 

A.  O,  no,  sir;  not  at  all.  I  did  not  intend  to  in¬ 
dicate  that  in  I  lie  answer  T  made. 

Q.  Then  when,  you  gel  to  Chicago  in  order  t< 


make  a  tiling  work  then 


r  helix 

going  to  make  it  work  across  the  n 


if  yoi - „ . „ - 

A.  You  must  have  more  wire  around  the  iiu,,. 

«.  And  a  bigger  core,  have  you  not  ? 

A.  Larger  to  some  extent.  2( 

Q.  Larger  in  a  scale? 

A.  In  a  given  scale,  I  lyjlievo. 

Q.  Therefore,  wluit.  you  can  do  across  the  table 
in  a  room  you  cannot  do  at  Chicago  with  the  same 
instrument,  can  you  ? 

A.  Not  without,  some  different  arrangement  or 
adjustment. 

Q.  There  is  nothing  that  you  know  of,  at  present, 
is  there? 


A.  I  don’t  understand  you. 

Q.  Do  you  know,  nt  present,  of  any  apparatus  on 
oi.  of  this  earth  by  which  an  eleet,oi,ag11"t  i 
Chicago  can  be  made  to  work  as  quickly  as  an  elec- 
.o-magnet,  n  New  York  can  be  made  to  work,  tile 
oOofi  J'  !"  t,llSL’s  boi"g  in  New  York  ;  if  so 
-°°hS, 7  th,U  iSl  lH!Cm,SU  k  »”  vcy  valu.’ 

wonli/ will?  !,"Si”!>l?  ,l.li"  "V  iosliumenl,  that 
worl-  1,1  Chicago,  would  idso 

.  '  *  n|pwlbr  111  tlw  laboratory,  with  the  sumo 

e\a<!^  arrangement. 

means  ‘‘1  ",t!.  ‘I"™"'0"-  you  know  any 

work  in  '  i  •  '  "  mlm,k‘  oloctro-inagnet  that  will 

o.km  tins  room  over  a  foot  of  connecting  wire  at 
the  rate  ol  20,000  vibrations  a  minute  can  ho  trans- 
fuied  to  the  end  of  1,000  miles  of  wire  and  there 

rii'tr  ",o  i'T’r  °r  ,),u  ■*««*  moS  nL, 

com  lira  nYca  tc-dTo^'he  Ivorid^ ?  ^  to  *« 
lievii.  or  known.110  ",,Bh  nrnm&***  b‘  "so,  I  be- 
thlfore  voll  ml^  ''"I  iS  1,0  s,,ub  arrangement, 

Q.  I nany'systein "P  in  dHrenmt  W*-  - 
A.  Tile  exact  amount  varies. 

W.  Jn  any  possible  system? 

A.  \  on  have  to  slow  up,  somewhat. 

2000 in  a  room  what°you’  cirnsee *0"'0body  sll0"'(id  J'°« 
men t  in  Yew  York  ilID'  medical  instru- 

'  i>  to  it  did  !mt  pSl  o"  f  f>°00o‘-8°.««0 

J  on  could  set  up  a  thing  in  Chico  f  °Ve  tlmt 

.  Don,  a  battery  in  New  York  ,  “nd  work 

you  can 

from  a  battery  in  New  YorkT°  2°’00°  vibnitioMS 
J  >e"  X01«>  hecause  you  can  do 


that  thing  in  this  room  with  a  battery  and  the  pol¬ 
arized  relay  side  by  side  ? 

A.  The  exact  speed  ;  no,  sir. 

Q.  You  don't  know  anything  about  the  law 
which  govorns  the  relations  arising  out  of  distance  I 

A.  Tito  exact  law  itself  ? 

Q.  Yes,  sir.  2001 

A.  'When  I  want  it  I  refer  toil;  I  have  a  sort 
of  indistinct  idea,  but  I  do  not  keep  it  in  my  head. 

Q.  Therefore,  you  cannot  give  the  court  any  in¬ 
struction  by  which  it  can  bo  known  wlint  would  be 
tile  co-efficient  under  which  the  machine  would 
work  in  Chicago  when  you  have  given  to  you  the 
effect  in  New  York  ? 

A.  Not  without  reference  to  the  books  treating 
on  the  subject. 

Q.  It  is  true,  also,  that  an  ordinary  electro-mag¬ 
net  not  polarized  at  all,  take  for  instance  one  of 
these  little  medical  machines  with  a  battery  along- 2062 
side  of  it,  will  vibrato  ton  thousand  or  twenty 
thousand  ? 

A.  I  believe  so. 

Q.  Yon  would  not  infer  that  a  Morse  relay,  in 
Chicago,  would  record  20,000  signals  a  minute? 

A.  The  cases  are  different ;  I  should  make  no  in¬ 
ference  on  that. 

Q.  The  comparison  would  give  no  basis  for  any 

inference  ? 

A:  No,  sir ;  not  wlint  I  would  consider  reliable. 
Re-direct  examination : 

Q. -Do-you  practically. in  the  transmission  of  mes-  20C3 
snges  on  the  nutoiimfic  system,  send  messages 
straight  through  to  Chicago  without  their  being 
repeated  on  the  wire  ? 

A.  No,  sir. 

Q.  Wlmt  is  the  usual  distance  to  which  they  are 
sent,  in -miles? 

A.  On  the  automatic  ? 

Q.  Yes,  sir. 

A.  I  can  answer  ns  far  as  from  New  York  to 


_„3.'  •n°  •V0".klunv  ho"'  ninny  words  a  niinnlo  am 

“°04  A.  I  cannot  give  Hie  exact  number,  I  know  about. 
Mr.  Dickerson.— Evorv  tim« 

1,1  «*«  line,  .von  slow  it  down  ?  P  “  "®“tor 
.  A-  Yes,  sir,  practically. 
stSsloweiT  11,1  t]'°  lL,l)ei,fors  Hint  go  in  make  it 
A.  Every  additional  repeater ;  yes,  sir. 

twitiSranaoZli^T"0’  ,'L‘I,WUe,'s  m  ,,se‘1  be- 

035  JV)'  ^><c^erson-  Three,  I  think. 

Chicago  ^ 

system?  epeatei,  on  the  automatic 

My'./eV/e  S  1  * tl  mitomaticafei  *S  USe<1 


Mr.  Dickerson.- 
"nth  the  machine, 
messages  in  Buflalc 


ie  of  the  difliculties 
nve  to  recopy  your 


i.  L  <m  i 

lie-cross,  examination  by  Mr.  Dickerson , 

0t  11,1  tomti  tic, 

A.  It  has  beeno1morofr,'epi!!'tem? 

Q.  So  far  as  m  h  tlu*  deftmts  of  that  system 
died  yet  1  ‘‘S  3  ou  know  «'»*  has  not  bee/remt 


A.  I  have  heard  of  its  being  successfully  feme- 
You  lmvn’t  seen  anything  done  with  it  in 

urncticc  ?  A.  Not. in  my  own  presence. 

P  0  In  vour  own  business  down  here  you  don  t 
know  of  any  messages  working  through  with  re- ^ 
peaters?  A.  Not  by  the  automatic. 

■  q.  Blit  when  you  use  the  Moist-  system,  y  \ 
work  ihrough  by  repeaters  1  A.  Yes,  sn-. 

Q  When  you  send  to  Chicago,  >  ou  have  a  re 
peatcr  at  Buffalo  1  A.  Yes,  sir. 

Geouoes  lVlsi  UEVIU.E,  being  recalled  by  Mi. 
IVhceler,  testilied  ns  follows : 

Q.  You  assisted  in  the  preparation  oftlieexpei  ■ 
imental  apparatus,  of  which  u  drawing  8,v 
the  black-board,  (Exhibit  V),  did  you  notl 

Q.;  Yon  were  present  at.  the  experiments  that 
were  conducted  with  that  apparatus  1 

Q  Si  you  explain  to  the  Court,  the  operation 
of-tlio  inii"iict  O  in  its  connect ior  tl  1  ie  o  1 
ing  of  messages  upon  the  chemical  paper  passing 

over  the  drum  X.  Begin  with  Hie  trails,. ^ms  onof 

a  positive  current  over  the  line  fi  om  t  Y 

which  has  the  smallest  number  of  cells;  PP 
that  current  passes  over  the  line  L.  «A  re»c he.  the 

point  x‘.  and  then  divides  and  passes  pat  tly  till oug 
the  magnet  0,  and  partly  through  those  t  1  • 

and  then  back  again  to  xa,  and  m>  to  c  > 
pose  that  while  the  line  is  in  that  ‘  I 

liat  current  that  I  have  described  is  *»“ 

milted  over  it,  the  battery  A  is 
cuit  so  that  a  current  of  four  times  lie  1  ^ 

that  which  was  previously  transmitted  is 

the  line ;  what  will  be  the  operation  at  tin  tim 
that  the  current  is  thus  increased,  of  the  magn 

°  A.  .  When  the  increased  current  of  battery  A  be 
gins  to  arrive  at  the  iU|J  by  th 


clictiiicsi]  receiver  if  Mn* 

&  rvr  sr- 

P.  •  As  mm  »,  g,:0l,n(1  t!'K«igIi  k, 

.  iSniSdir;  A  of  i; Tt 

2070 mi  oxim  current  oVreverfo  r"*  C°-’l!  °r  f,lllt ''l!|gne 

resistance  of  tlio  li,a.  f  tho  con»P"mtivo  iiigl 
77"-‘  Court, — AVlnit  von  n  >i 

I'ocimvni!  ’  ,llL''  ai1’ fI  ex,ra  ounvnt  or  induct 

. 

iiidiicrtire  current  is  i!  •  C  1 1,8  extm  eunviit  or 

«r 

mi.  . i 1  rorgoi  to  .two  tntLt 

Q.  Win, ,1  j(  '  """"entaiy  dumtion. 

(lii-on<r)i  Ihis  sliimi  ci.,0,,;!  -"1'1  ,,lo"Sils  von  said, 
receiver  is  i)liiL.e,i  (1  ,  1,1  "liich  Hie  chemical 

1  1  f  11  c  ,  !  Z  ;r  v"  11  tw"'n 
line  current?  1  "lt  l  tllu  direction  of  tlie 

A-  It  win  ll.o  same  direction, 
ereiised  on i"",1, Mx-I^hes  t h '  h°  ,.no,"e,,'t  ",]*en  this  in- 

tlio  pen  till! t  hits  tlieinin  110Illt °f  1,10  Io"'el'l)en— 

"i11™  H»  sigma  hS  "  o  TVk~ia  th° 

chemical  papTrr  ?  °  °  be  ’  ecorded  on  this 

begin  weak  liccimse"^’^'^!!!!'  °  thesi8HtI  would 

mwe  '‘be  ..  bon, hS 'S'™’  TT  d0es  "ot 


ridimllv  •  but  tlio  effect  of  this  magnet  Oi  by  send. 

**;»  ou.«i»  >-  r~™”‘  tjsar 

ie  signal,  and  to  begin  the  signal  sharp  and  delin- 
e ;  it  increases  its  beginning. 

The  Court.- By  neutralizing  the  effect  of  the  nnr-  ^ 

I'”wi.l..So,  l»p.r.l.o.»ro.,,»r.io«  r 

unking  it  linger. 

The  Court.— When  the  impact  first  occurs  1 
A.  Yes,  sir. 


The  Court.— It  occurs  more  nearly  to  wards,  the 
Tycs,  sir,  af  once ;  the  signal  begins  by-  a  well 

the  mark  on  the  paper  "’hen  it  be- 
gins  to  indicate  the  increase  of  the  tension  of  the 
current  is  more  sharply  defined  than  it  would  be  2074 
if  there  was  no  magnet  there? 

Q.  Now,  suppose  while  the  instruments  «r«r  m 
the  position  which  I  have  just  stated,  and  h.  our- 
rent  is  flowing  in  the  direction  winch  you  hat  e  stat 
S  ttobaJJ  -  reversed  so  that  a  negative  cnrrent 
is  transmitted  instead  of  a  positive  current 

Q.  That  negative  current  will  flow  m  an  opposite 
direction  from  tlie  positive  current  1 

Q.'  And'  that  when  it  reaches  this  P‘»"t  X’  *  2071 

A.  [Interrupting.]  You  suppose  then  that  e 
positive  current,  for  clearness  eon* .  from  th« 
ground  at  the  receiving  station  ;  it  comes  I 

posile  direction-a  negative  current.  .  . 

O  Tlipru  it  dividus  in  like  niunnGr  a-t.  >  P 
it  flowing  through  tlie  magnet  0,  and  part'  throng  i 

t  \is  I '  understand  it,  there  is  an  instant 
ocLIng  auL  lment  of  reversal  when  there* 


.-«•  Aow.whnt  is  the  operation  of  this  magnet  0 
at  that  instant  of  change  from  the  positive  current 

S.  -SI'"  “»  '■  »  i« 

A.  When  tile  positive  current,  which  we  referred 
BmiSfn  T1'*  °T  0011808  011  tl,e  »"<>.  H'e  electric 

OmngnetO,  losing  its  magnetism,  now  sends  a  mo- 

which’ L,n,n,C.V0nv  011,T0nt  °r  olller  direction, 
s  rw  •  V  <1"'ect  0x11,1  c«»«enfc,  that  is  to 
«•'},  that  its  direction  from  x'  to  x«  is  in 
tins  same  direction  as  the  battery  cur- 
lent  winch  lias  just  finished.  Now  this 
induction  current  of  the  magnet  is  conse- 
t0  tl10  ,irst  ‘“duotlon 
cu  lent  of  tlie  same  magnet,  and  most  of  it  will  cir- 
enlnte  through  the  chemical  receiver  in  a  di¬ 
rection  marked  by  xs.  X  and  v  t  .  n 

SingIimebe.t0Sendii"  1Ulv’nll(!e  llt"  0n‘!0- 

fore  dm  ’ •H  'f'0.!811, 1,1 1*16 chemical  receiver  be- 
:  Ivn  of  tlle  negative  current  which  is 

h  f  r..llyi  and  tl,iswiI1  serve  to  lap  over 
Sn  tZ  tmic  which  would  occur  in  the  giv- 
da  h  tslS  I"'0  pn,*tad  «“>*  "ill  be  that 

mi-jssaizz  s.T'rs  *"*• 

SSSSj -«•  -*  «  CX  SU,  X 

rtyzzsstssrXRsx: 

rombS  V hU  'T’  and  wl,icl*  for  clearness  I  supposf 
whiKm!,rk i  f:m,,d  at  tho  receiving  station, 
ao"  snliT!:f  f,  ,  V.rmiS  f'roi'gh  P.  to  X  »,  will 
the  chemicil  I  >.bet"reen  electro  magnet  0  and 

nosite  to  this  no  g'let,°  ',.t  that  moment  will  be  op- 

n«to»  >•  ■-  -xftiax  t  rx 


„  revo— il  cnrrerit,  and  *.  <**  nil  =»"• 

■"IS*1 '««  -  «m‘* ~ 

;x;,t,,™i.»..%i.."»  - . . *"«n“ 

T"q' How  WOI  Id  tli  .  light  .loul»t  yo»*t^  »| 
.....l—  1.  lunglli  in  «» 

the  dot  which  should  record  the  signal  u 

finishing  sigpaj,  because 

it  is  in  the  same  perpendicular  line  with  it  a  o0f 

“^•“CSrinip™  1. 

transmitted  ? 


A.  It  will  he  very  short, 
any  way  it  will  belong  to  tne  y 


Q.  That,  as  I  understand  you  to  say, 18  8l'°j't" 

the  fact  that  if  any  such  dot '>  we  i«c  a  aicll. 

ginning  would  be  d.recrty  « “l^^on  the  paper  ! 
lnr  to  the  signal  previonslj  i  •  .)f 

A.  Yes,  sii.  lr  wit  .  ,  connection  with 

Q.  Ts  there  any  other  ellea  messages  pro- 
the  transmission  and  recoi  l  g  connection 

duced  by  this  electro-magnet  O.  in  tne 
in  which  it  is  shown  serves  still  for 

automatic  oil  large  X,  you  .  maj„  circuit  be- 

witliout  interrupting  tlie  oir  ^^  the  Coil  of 


eii'r 


signal  nt  distant  station,  and  to  prevent  the  heading 
in  the  signal.  , 

The  Court.— It  makes  it  more  distinct! 

A.  Yes,  sir.  Now,  when  the  increased  current 
ceases  tills  electro  magnet;  in  the  overflow  dam  circuit- 
losing  its  magnetism,  sends  a  directextra  current  in 
its  own  circuit  of  momentary  duration.  This  extra  2085 
\  current  is  on  the  line  or  opposite  direction  to  the 
\  lmttery  current  just  finishing,  and  or  same  direction 
{  with  tile  static  discharge  of  the  line  which  is  coin- 
(  ing  liack  from  the  middle  to  home  station.  It  helps 
■1.  to  discharge  the  lino  quicker,  together  with  the 
j  overflow  dam,  by  not  only  offering  n  path  to  the 
(  discharge  current,  but  by  clearing  the  line  11s  I  have 
Ajnst  explained.  This  permits  the  line  to  receive  the 
/  Aext  signal  quicker  than  it  would  otherwise.  If  it 
dwes  not  quite  discharge  the  line,  it  will  anyway 
sharpen  the  signals  received  at  the  distant  station, 
in  separating  more  definitely  the  waves  of  elce: 
tricity,  which  are  flowing  in  succession  over  the 
line  while  the  transmission  is  taking  place ;  that  is 

Q.  Is  there  any  known  electrical  law  by  which 
you  can  compare  the  difference  between  a  long  line 
mid  a  short  line,  in  reference  to  the  speed  by  which 
messages  can  be  transmitted  over  them,  respec¬ 
tively?  A.  Yes,  sir. 

Q.  Or  in  reference  to  the  speed  in  winch  a  magnet 
at  the  further  or  receiving  end,  can  be  worked,  on 
such  a  line ? 

A.  Yes,  sir,  there  is  a  law  for  both. 

,  2087 

The  Court. — In  respect  to  the  number  of  vibra¬ 
tions  that  can  be  produced  at  the  magnet  at  the  end 
of  the  long  line,  as  compared  with  the  short  line? 

A.  Yes,  sir,  but  I  would  have  to  distinguish  the 
two  questions.  Thera  is  one  in  respect  to  the  ques¬ 
tion  of  speed  in  regard  to  the  electro-magnet,  and 
there  is  a  question  of  speed  of  transmission  on 
the  lino  wire . independently  or  the  magnet,  file 
{ivai.  if.iv  i*  tlint  the  sneed  of  transmission  decreases 


the  electro-magnet  0,  so  that  the  weak  signal  of  bat 
hv  if  ”2  n0tf)bli  if°m,pted  on  polarized^ 
I?”-  thero  ,s  stll> .“Bother  purpose  for  this 
imyitt.  llns  magnet  weakens  the  small  current 
b  l  wonlV'0?,  tllr°"gh  ^1G  chemical  receiver  X 
2082  bein*  i!  ?mnrk> 

large  current  which  may  he  comiu/oTT do  not 
attach  „„y  importance  at  all  to  that  last  remark 
case  is  S.7T  r  r  HW"  "’ei,k6“5n«  >'■■  either 

point  liaises Mfh rough0  tho^migntf  O  !  “ 

q"“ni Yes' sir  leSS  h'ansmitfud  through  x?t0"SL’ 
o verl Irnv 'd'n n,1  * !, f 1,10  operation  of  this 

nd'Xrr  ,1“ *  0 11 1TGn t  f rom  'battei j  A)! 

current.  arrives  at  Z  it  dl- 
thelin  t  f  ^'-rosistanee  offered  by 

station,  and  the  i  t'r  • / ®  ground  at  the  other 

dam.  The  mrt  of  ’  through  tile  overflow 

tothegroXVlo  'Ue,tl  ltl  ies  from  Z 
■■mgneti.es  th “ ^7 
■■ 

SOSd'w^^nll/'VS  "“‘•y  'may 

this  precaution  is  utful  I  °  ’S  my  ,on« 

extra  current  takes  CIfuit-  This  reversed 

current  on  the  line  fron.To  cV  T*™  "S  H,e  line 

K2*  «^»foweBat  firsfttl:Lr!°"  L.r: 


......u.mj  ranotnr, lie  sqn nre  of  M.e  distance,  flint 

is  to  say,  tha  t  if  on  a  lino  of  2150  miles,  for  instance 
.von  arc  able  to  send  80  words  a  minute  on 
some  apparatus,  ir  you  double  the  line  and 
I""11,8  f  500  "to  speed  will  be  £ 

turns  less  or  20  words.  Besides  this,  them 
s  another  trouble  which  arises,  and  still  dimin- 
•shes  the  speed  or  transmission  when  you  increase 

lise hare  'r01  "n  “l1";.  VoU  ,m,st  "ll(1  «»  time  of 
f  ""I  7  of  tlle  lilf0  distant. 

11 

Q.  Now,  what  is  the  law  in  reference  to  the  nimi- 
ohn‘ wb'l  >mr°"S  °f  fho  ,mmUmu  ,,f  i  polarized 
£ld  'eM,enC0  ,0  tl10  which  it  b 

ilaudfiom  the  tin  asm  i  ting  battery? 

”ow,mt  is  the  81,60,1  °f  a  i,ec,iiiar 

lie^'rn tin' wil'i !  i 1  U,!tl.0ls".",ul  t,,at  yo*'  Jrnve  given  us 
r  traiisi.  •  • ‘  0XIS  S  ,"'llh  reference  to  the  speed 
11  •  tinnsmission  over  tlie  wires  ? 

Im  sneed’rTft  llilVe  'IO"’  to  consider,  as  I  said, 
lint  T  ?  r ",g,lu!s  sol,iu'itely,  and  to  add  to 
a.ir,  tlie  trouble  from  the  line. 

le  'n-Jitn’t  ^  ^  0'i  "  bnt  °^<!<;t  is  produced  by 

umber len°"'  °r  t'"’  line  upon  the 
?  ibrations  of  the  magnet  at  the  end  of 

:;!v  7^rsr  vjKgX" 

d  f oriviiKis  sommW  at  as  a  b<7‘ "7  ’  bll('Ms 
you  have  wavs  to  ^77VM  l''1,ipe'V0"ld;  b,,t 
J  s  to  get  rid  partially  of  this  last 


s*"»rr£*”  - 

in  succession  o'  tU(j  lirat  wave  has 

arrived.  “  -JT  ^t'S^es^200' 
waves  well  dellned.l  ot  „  „M  „t  a 

well  defined  in  succession  ut  Mu '  «  wlltall  in  a 
ceitnin  sptitKl,  niul  l  .  .*  «u^e  speed, 

lniiomtory  experiment  would  =*  g  It  wouia  be 
tKen  it  would  record  titan.  ' •  '« •  are 

.able  to  record  those  waves  of  electliut.' 
making. 

transmit  signals  directlj  °'o  _  Us  us„i3rare 

BOO  miles,  hut  even  at  that  d'st  -  o£  the 

or  unusual,  because  then  the  while  the 

company*  IB  to  100  words  troubles 

tiunsmitting  is  done  oi  u  beginning ; 

on  the  line  to  which  I  ,e*Jj|’l0.lr  .  impossible  to  get 
1  do  not  pretend  to  say  tlwt  it  is  i  up 
more.  I  talk  of  what  they  do.  lneiei 

send  more  than  that.  „  .w'niOwords  a  minute 

Q.  Do  I  unde, •stand  you  that  h  rf  cil, 

would  be  the  maximum  ^  J  ractTcaUy  con- 
cuit  on  the  nutomuMc  s.'siun  l  2093 

dueled  ?  A.  Yes,  sir.  „„  rtmt  distance  1 

Q.  What  IS  f1.V;;-  '  u  ro,u  70  lo  80  words. 

A.  It  vanes  as  1  tout 

Q.  While  it  is  working  '  automatic,  or 


m«  ^S,!he  ree' is  ,,seil> 

""  .°»  '""'T  worth*  day ,d  bu  tnills'„ilM  dm 

nu,-:  'J'lioueT'l1^™'^'1'0:1  in  "'0  following  ,„/ 
,mve  observed  v..n-  (,r,  11,1  ••"fol"ii!ic  ojiuniidJ', 
«".V  warning  iu  , V  ,nyse,f'  girl 

£“«•  "»«  how  !‘>  «*>  «•!.., t  li  J 

served  Hint  on  r0„,.*.  .  *  <iol,lg ;  and  r  ..1 

;««.  issi,  r'  "ra"  «s-i 

,  t0  1,1  sending  pi.o  :  H,0J  spent  only  one 
■o  reel  of  pnpei.  die  ’  .J>“,lc,ng.  autoninf  j,:a|,!* 
1  «li,ig  „„  jfo 1 '  »««'«  minutes  being,  3 
20nfi  J'«r  machinery .  fIle* *  °  .l,«»  or  i„  ,]xi°  / 

src?  ,m,~  •-«*  <o  lie  Sr  w,,,’ch  iss-'- 

325  "y  f,,,o.se 

0,iC  ‘  aB'wS;  ^nSSS^  «ot 

line,  been  ,L  *  '""*v  be  glen  ter  if 

lS2”l 


A.  Yes,  sir.  , 

Q.  What  isqlie  proportion  of  time  consumed  by 
these  delays,  when  you  me  working ;  autonmticnllj 
with  a  short  circuit,  say  from  Now  York  to  Phila- 

d°A.'  It  is  wlmt  I  told  you,  they  lose  about  three 

! minutes  in  four.  On  a  long  circuit,  they  may  lose- 
four  minutes  in  live.  .  , 

Q.  Would  any  practical  advantage  be  obtained 
|.y  the  use  of  an  appniatus  such  as  is  shown  in  Ex- 
fiibit  V,  and  if  so,  wlmt  ? 

A.  The  advantages  cd  this  apparatus  would  bens 
billows :  As  there  are  several,  I  will  have  to  state 
lliem  separately.  You  could  transmit  automatic 
lii  the  reversing  side.  You  can  ree  it  would  be  ie- 
ceived  at  the  chemical  receiver  where  letter  Y  is ; 

\r  this  purpose  a  polarized  magnet,  as  said  m  spec- 
nation  of  case  00,  may  be  used  ;  for  instance,  I 
could  put  Mr.  D'Arlincourt’s  relay  which  was  pat- 
cated  in  1809,  in  France,  at  the  place  where  polni- 
ized  magnet  Mis  represented  in  the  drawing  of 
case  09.  This  relay  will  record  900  words  a  mmute 
from  Boston  to  New  York  without  the  slightest  diN 
liculty.  1  did  it  myself,  half  a  dozen  times.  I  oon- 
structe  one,  and  I  have  it.  I  made  some  mjprora- 
ment  in  it,  but  I  am  at  liberty  not  to  speak  of  it. 

1  have  seen  one  in  the  Western  Union  Company  s 
office  throe  years  ago.  , 

Q.  Goon  and  state  the  other  practical  “dial 
tages  that  will  be  derived  by  the  use  of  such  an  np- 

Two  could  still  work  automatic  at  the  same  time,  2099 
on  the  increasing  mid  decreasing  side  on  the  chemical 

tonmtic,  either  one  or  the  other,  ‘  be  b 

interfered  with  by  what  is  done  on  t  « 
and  decreasing  side.  The  only  precaution  to  be 
taken  is  the  following  :  When  the  operatoi  on  the 


shoulder  or  tl  o  ol  e  «'« 

W»  on  the  revSL  si,  1  "'olk"'S  ^ide 
to  slow  considerably  Shi„  o  '  “I*1  tul1  ,nm  °Mer 
*”*.  and  »ud7o  iSyb,i C  r  to  -Uo 
mg  Hint  lime.  Now  thfeml?  5  correcting  dur- 
plexed,  mid  then  yon  Coni(1  ppamtus  could  be  dul 
nnitie,  as  I  haV(J  j*"1'  of  course,  work  «„t(l 
sides  in  the  sJ.llllo  l  ne<1  0,1  tlie  two  othrK 

the  speed  will  Lt  .m,er-  1  Wi««  ‘I, al 

1  believe  that  it  „.;n  B  <l"ll(Irupled ;  buS 
je  t  .  1  1,1  *'  "  I  t  ,bo, it  3(J 

automatic  wire  as  ,  ’  be -  on  a  singffl 

tic  and  Paei/ie  '  '™rketl  V  the  Atlmffl 

xsis*  ■^STPiL'is^ 

1  jn  that^l,"wS!^M2xhii',™lV  f® appa,-ut,,s.  s^ni 

tire  as  a  useful  thin- in  the  pniotlc,l,|y  opera- 
onu.  ctreiiit  or  tlie°len-tl,  I  ,J  yo" ,lave  described, 
Boston,  or  fe  Y  °  K,t"l'cn  New  York  and 
A-  Yes,  sir.  "  Wk  and  Philadelphia? 


May  10,  1877. 

•tm-exami  nation  of  Mr.  D’Ixeiikvim.h  i»j  Mr. 
DioKEitsox : 

Q  Tim  question  that  I  raised  on  your  predccos- 
„.  was  that  that  overllow  dam  was  on  the  wrong 
,d  ot  tlm  hue.  Now,  I  wadt  to  ask  you  whether  it 
ou  the  right  end  of  the  line, or  oil  the  wrong  end  ? 
A.  You  call  it  an  overllow  dam ;  1  don’t  call  it 

Q.  That  is  what  it  is  called  there  oa  the  black- 

"a.  I  ilon’ t  call  it  an  overllow  dam  ;  Mr.Llttle  called 
an  overllow  dam,  but  that  would  not  be  tliu  name 
mt  I  would  give  it  myself. 

Q.  We  will  call  it  by  that  name  ;  it  is  there  marked 
n  the  figure  ns  you  see  upon  the  blackboard ;  it 
as  been  Called  that  all  along,  and  we  will  not  mix 
wins  now.  With  a  line  between  Buffalo  and  IS  ow 
fork,  and  with  an  overllow  dam,  as  you  have  got.  it 
Imre  on  the  New  York  end,  that  lute  would  not 
rork  an  inch,  would  it? 

A.  Yes,  it  would. 

Q.  That  is  to  say,  you  would  need  an  overlloi 
lam  at  Buffalo,  would  you  not  ? 

A  We  use  in  automatic  telegraphy,  an  oi allow 
lam  at  both  ends,  U  we  wish  to  do  so,  but  it  is  a O 
iolulelv  needless  to  have  an  overllow  dam  at 

o  von  is  this :  If  you  run  a  line  from  Buffnlo  t( 
Yew  York,  and  if  that  thing  culled  mi  over  lav 
lam  was  put  up  in  New  York,  and  notl  .  g  in  u] 
it  Buffalo,  it  would  not  work  an  inch,  «  ould  it  ? 
A  There  is  an  overllow  dam  at  the  roceivinj 

“f  iSSSSlo,,  Ml  ,0.,  i~.  e»t 

hSSi Vo* to IMMo,  : 


Q.  That  is  the  first  thing ;  now,  wlmt  Mr.  Liltl 
did  or  got  a  patent  for  doing,  was  to  pm  up  wha 
lie  culled  mi  overflow  dam  at  Buffalo,  next  to  th 
receiving  instrument  didn’t  lie  ? 

A.  Yes,  sir. 

^"a  ,l.e  (|i(1  f«>r  Hie  purpose  of  produc 
crfbecl?  k"Ml  °f  "'l,i<!l,  you  have  de 

ovtllS’,?,n;.t,lel'°"',,S  n°  oh**r*™m*  in  hi, 

tion‘ ta0tv;!f.kinS  y?U  quo. 

-  fl  '  ^ou  ",,s  "Iictlier  lio  did  not  put  tluii 
for  tlie  purpose  of  producing  the  kind  of  effrel 
«  you  say  that,  Li,  dan,  produce, 

onisnm1?0"'  w,mt  obj'ecf' I,e  ill  View. 

A.  Yes  •1,S  f°  CUt  °'r  tl,e  ti,ilinSs.  ""isn’t  it  1 

3of  HnSnc,^1  f  T  l°.Wt  —on 

sist  inee,-,  l  Vl  ,  M  b  1  ’'S  Kon,,,"ltal  in  Hie  re- 
AW-  ,  13  p,,tl,,t0  l>is  overflow  dam  ? 

A.  Which  he  put  into  h.Voverllow  dan,  ? 

Q.  The  resistance  coil  that  ho  put  on  that,  didn’t 
11,10  *  nii,gnet  in  the  center  of  it  ? 

A.  No,  sir. 

Q.  It  was  without  a  magnet  in  the  center? 


it?'  TJmt  "'ilS  tlisc°vbredbyi>rof.  Henry,  Wt 

think  Prof! ^Rmvhind  or' 111)011 1  that  ;  I 

Q-  You  have  noAenixlof' ^l,‘1’,,li.soovfed 
before  1830?  A.  No  sir  °*  lts  ^eing  discovered 

Q-  The  extra  reread  current  which  comes  out 


the  helix  will  lie  m noli  stronger  t 


licit  comes  out  of  a  sti 
Q.  Therefore,  when  y 
Trent,  you  put  your  v 


it  lino?  A.  Yes,  sir. 
■ant  an  extra  reversed 
nto  a  coil  in  placo  of  li 


A.  Yes';  when  you  want  to  got  more. 

Q.  And  the  reason  is  that  the  helices  operate  m-  2108 
ictivcl.v  upon  each  other?  A.  Yes. 

Q.  To  produce  the  effect?  A.  Yes. 

Q.  Mr.  Little  undertook  to  make  Ills  overflow 


Q.  He  had  olio  double  helix  without  a  magnet  ? 
A.  Yes. 

Q.  And  the  effect  of  that  helix  was  to  produce 
li  inductive  current  that  neutralized  the  static  dis¬ 


tal.  Then  when  Air.  Edison  came  along  he  put  a 
oft  iron  core  into  the  helix? 

A.  He  got  a  patent  for  that ;  I  know  that. 

Q.  You  say  that  Air.  Little  did  not  gut  an  indue- 
ive  effect  ? 

A.  No,  sir;  it  was  simply  an  effect. 

Q.  You  would  call  it  getting  an  “inductive  er¬ 
ect’’;  A.  No.  sir. 

Q.  The  thing  which  Air.  Edison  got  a  patent  for 
vasat  ing  which  made  the  automatic  telegraph 
a  the  hands  of  whoever  owned  it,  improved  for 
, v, irking  over  a  long  line?  A.  Yes. 

Q.  Mr.  Little  called  it  an  overflow  dam  and  Air.  2110 
Edison  called  it  something  else;  that  is  about  the 
whole  of  it  ?  A.  Yes. 

Q.  Now,  you  have  got  your  line  to  Buffalo— your 
chemical  line-and  you  put  one  °r  tLoso  overflow 
dams  or  shunts  at  New  York,  and  don’t  put  it  at  . 
Buffalo  ?  A.  I  did  do  it  there. 

Q.  I  am  not  speaking  about  wluit  you  did  on  t  to 
picture;  no  matter  about  that;  I  am  speaking  o 
aline  between  New  York  und  Buffalo.  Now,  u 


vu.il,  Miiug  hi  nuw  i  one  aim  not  at 
Buffalo,  it.  wouldn't  work  a  inch,  would  it? 

-A.  Yoi;  it  would  work.  All  overflow  (lain  or 
magnet  at  tin  transmitting  end  is  three  times  as 
important  as  at  tin  receiving  ontl.  It  depends  a 
grant  ileal  upon  tin  oireii instances  of  tin  line  •  the 
lu insulation  of  the  lino  anil  various  other  circum¬ 
stances  which  have  to  be  taken  into  consideration. 

Q.  Suppose  you  were  sent  to  put  a  lino  up  at 
Jiullalo  purely  automatic,  where  would  you  furnish 
tlie  line  with  an  overflow  dam  1 
A.  At  tho  transmitting  end,  and  not  at  the  re- 
ceiving  ornl. 

Q.  J  ho  pa  ton  t  put  it  at  file  receiving  end  ? 

A.  I  don’t  know  wlmt  the  patent  did  ;  I  have  not 
examined  it. 

Q.  That  thing  there  called  magnet  O  at  the  other 
end,  is  an  overflow  dam,  isn’t  it! 
i  ^  ^ is  1111  overflow  dam  for  the  receiving  iaslru- 

Q.  On  tho  picture?  A.  Yes. 

•  r?rmt£,!ns  V  0,10  end  o'’ r,le  ofl'w  tho  mb. 
]ei.t  of  Mr;  Mison  s  patent,  and- is  owned  by  the 
plain  tills  in  this  action  1 
A.  This  patent  is  more  than  an  overflow  dam. 

,,  ;m;  oll,-v  spunking  of  it  for  tlie  purpose  of  nn 
overflow  dam  i  A.  Yes. 

Q.  So  tarns  italTects  the  receiver  X  at  tho  ivccir- 
n!o  UIUVlt  18  1 !°  !M"S  l»y  Mr.  Edison  for 

pai?y?  ’  !llU  ‘S  °"'n0d  by  dle  uutoinatic  com- 

A.  It  is  a  patent  of  Air.  Edison. 

Q.  In  the  drawing  you  have  made  on  the  black¬ 
board  you  have  got  case  00  in  all  its  parts  ? 

tho  *V\mS  'll  the  transmitting  end  ;  as 
■» 

*  ’f, 11050  :m.  H'ings.  or  course,  that  are  common 
to  all  these  devices  ;  with  the  things  which  are  com 
moil  added,  you  have  got  00.  there  on  tho  black¬ 
board,  perfect  in  nil  its  parts !  A.  I  thiukrso 


Q  And  those  modes  of  opening  and  rinsing  wit 

or  without  springs  are  comniim  in  transmitters  ? 

A.  Yes;  it  could  lie  used  us  a  transmitter. 

Q.  Cnsu  00  includes,  or  course,  any  polarized  r 
lay?  A.  Any  known  polarized  relay. 

Q.  As  did  the  inslnimeiit  that  was  at  Vimm 
whatever  it  was?  A.  Mayers.  ;  . 

Q.  That  means  Mint  case  00  lias  it  in  the  c 
pacil  v  to  attain  the  highest  possible  speed  which  t 
electro  magnet,  of  any  construction,  will  afford  1 
means  of  doing i  ,  ,  . 

A.  No,  sir;  on  the  chemical  receiver  tlie  elect 
magnet  works  too  fast,  for  any  sounder  to  rccei 
by  sound,  and  it  don’t  make  enough  noise ;  j 
could  only  record  on  a  chemical  receiver. 

Q.  lint  Mayer  recorded  in  ink  upon  chemical  ] 

,\!  I  don’t  know  inyselfnnytliing  about  Mayo 
instrument. 

Q.  That  instrument  is  ail  ink-writer  ( 

A.  1  cannot  swear  any  thing  about  it;  1  have  i 
experimented  with  it  ;  1  have  read  of  it  in  a  llo<’ 
Q.  You  have  read  in  a  book  that  it-  is  an  n 

A.  Yes,  I  have  read  that  it  is  an  ink-writer. 
Q.  It  is  a  relay  working  an  ink  writer? 

A.  Yes;  1  have  read  so. 

Q.  When  it  works  Mi;.-  ink-writer,  it  works  t 
great  speed  ?  - 

A.  I  have  not  stated  that ;  I  don  t  know  a 
tiling  about  Mayer's  instrument;  I  cannot  it  ns 
about  it. 

A.  Tlie  book  which  was  produced  here  coiitm 
a  description  of  that  machine. 

A.  I  have  hot  read  that  book. 

Q.  You  have  read  enough  of  it  to  see  what  tl 
is  about  the  Mayer  machine  ? 

A.  I  have  read  a  portion  only,  of  wlmt  was  i 
about  the  relay  and  have  looked  over  genet  a 
the  rest  of  the  book.  .  . 

O.  You  don’t  know  whet  Iter  the  portion 


Q.  It  is  it  pretty  old  transmitter?  A.  Yes. 

Q.  Therefore,  fitting  up  this  machine  with  n 


ooive,  uouldn' 

2123  A.  Mr.  Meyer  snys  so, and  I  suppose  so ;  I  believe 
so  on  e  short  circuit.  1  don’t  think  it  would  work 

on  the  line.  It  is  very  dillieult  to  suy  in  . . . 

of  what  ('.•m  or  en  limit  lie  done.  Every  part  of  that 
'  instrument  them  (Ex.  V)  has  been  tested. 

Q.  Down  in  youroilieet 
A.  Every  part  lias  lieun  tested  on  line  work 
•Q.  Sepainle  parts  f 

A.  No;  working  automatic.  I  have  seen  it  work 
on  tlie  iini-fhe  t'linsmitting  anil  receiving  parts. 

tf.  Unit  drawing  is  made  upon  tliis  livpotliesis. 
is  it  not,  that  the  polarized  relay  is  going  to  work 
2I24  nmler  the  re  versa  1  on  the  line  fast  enough  to  keep 
up  with  the  chemical  paper  t 

..  V.  '  ’■  1 .  speaking  of  the  operation  over 

the  line.  Chemical  paper  can  record  30,000  signals 
in  a  minute. 

Q.  Inking  Omaha  ns  a  basis  of  calculation,  and 
talcing  J  O  feet  of  wire  to  lie  brought  in  comparison 
1  'f1  Hjen  would  get  about  3, 000, (Hit), 000  of 
li'ivc  stuT  tllUS‘il"  t  lille  "|l""  1:1,6  hiw  that  you 
A.  Whi|  t  speed  do  yonsh6."t  from  ( 

Q.  You  say  tile  iMoivie  will  wih'f  20  or  25  We 
will  take  25?  %, 

21 25  A.  I  don’t  know  ;  I  never  saw  it.  S  ' .. 

Q.  Wo  will  assume  it  25.  The  law  if  applied  will 
come  out  iis  I  have  stated,  namely,  that  there  will 
be  some  thousands  of  millions  of  vibrations  in  the 
inversely  as  the  squares  of  tl.e 

tnm  iimie’  S«„’  1>l't  fllat  is ,iko overy  law,  it  luisacer- 
still  lam  t’f  hiw,  which  is  a  very  stable  law, 

SHU  has  its  limits;  for  instance,  when  you  come  to 


i  tlie  Mayer  instrument  would  r 


make  an  electric  light,  you  cannot  apply  tlie  Orno 
law  to  tlie  sparks  of  electric  light.. 

Q.  1  am  not  asking  you  about  that,  T  am  seeking 
to  institute  a  comparison,  a  section  of  wire  250  feet 
long,  with  a  line  1350  miles.  Would  the  law  apply 
between  those  limits  ? 

A.  I  have  not  experimented,  sir.  -1-0 

Q.  l)o  you  think  tlie  law  would  apply  between 
those  limits  1 

A.  It  would  apply  oil  that  long  a  circuit  I  should 
think.  , 

Q.  Then  there  will  bo  something  like  3,000  mil¬ 
lions  vibrations  in  the  room  experiment ? 

A.  That  don't  come  from  the  law  and  is  not 
derived  from  it  no  more  than  when  a  certain  mag¬ 
net  attracts  an  armature  at  a  distance  of  one  inch 
by  a  certain  quantity  ;  it  you  reduce  the  distance 
by  one  half,  the  attraction  is  increased  inversely  as 
the  squares  of  the  distance.  2127 

Q.  No  matter  about  going  into  analogies  ;  you 
have  stated  that  tlie  law  obtains  in  compaiison  be¬ 
tween.!!  line  of  250  feet  and  a  line  1,350  miles  ? 

Q.  And  if  it  so  obtains,  then  you  would  have 
thousands  of  millions  of  vibrations  on  a  line  -•> 
feet  long  1 

A.  Yes,  I  don’t  say  that  you  eoulil  transmit 
those  vibrations;  t  don't  think  it  has  ever  been 
done.  "  ... 

Q.  I  inn  not  speaking  about  that.  I  will  co 
to  that  by  and  by.  Now,  the  fact,  is  you  have 
got  all  the  factors  stated,  have  you,  in  regard  to  ti  e 
question  of  what  can  be  done-ut  Omaha,  oi  Olnca- 
go,  or  Buffalo,  when  you  undertake  to  apply  the 
law  that  you  have  been  talking  about;  one  o 
thing  has  got  to  be  considered,  which  is  the  amount 
of  power  that,  is  developed  in  the  instrument  at  the 
receiving  sides ;  that  is  one  of  the  factors,  isn  t  it  I 

Q.’  Thai  is  the  3rd  factor  in  u  i}  c  .Ion lation  1  hih 
you  may  make  ? 


IfeAs-TT 


A,  Yes  ;  it  is  one  of  tho  factors. 

Q.  Thera  is  ii  sot  of  factors  Mint  lmvo  to  bo  taken 
into  account  first,  the  vibrating  capacity  of  wlmt  is 
vibrating?  A.  Yus. 

Q.  That  is  a  factor  independent  of  ulootricitv  al¬ 
together?  A.  Yes. 

21'9  Q-  Then  there  is  the  amount  of  power  to  lie  de¬ 
veloped  by  the  vibrating  armntnro  ?  A.  Yes. 

Q.  And  when  you  get  the  vibrations  of  the  arma¬ 
ture,  or  when  you  attempt  to  get  the  vibrations  vou 
neutralize  tho  effect? 

A.  It  don’t  work  well. 

Q.  It  is  like  discordant  music  ? 

A.  Yes,  sir;  something  of  that  kind.  • 

Q.  Now,  of  course  you  would  put  upnt  Chicago, 
as  you  have  stated,  a  short  core  magnet  in  order  to 
“  Las  f;LSt  as  11  l;oiiU1-  consistent  with  getting  the 
ponen  I  am  speaking  of  an  electromagnet  ? 

2130vih  ‘  VS’  Si,‘;  11  receiving  Morse— no,  not.  necessa- 
1!,J  , 1  camiot  «t!'te  now  what  kind  of  a  magnet  I 
would  put  mat  Chicago,  but  ir  you  will  give  me 
the  length  of  line,  and  number  of  batteries,  the  in- 
rn  i  rr,-tlle  l,,,e-  11,0  exact  dimensions  of  the 
,!Verytliing  else  necessary  for 
e  o  ''10"’- 1  wiU  ,mk»  11  calculation  by  which 
the  maximum  power  can  be  ascertained. 

that  van  ll'!  **"?*”  of  «■«  greatest  sjieed 

vo  ,  ,  ’  i  f  OVar  tho  you  would  make 
or  H,  . lal  *'e|ay  at  Chicago  as  small  as  possible, 
sut  iclnt11!"  -1'  ,"'e  C01U  as  s,na"  "s  would  be 

2131  yon  ? A  Yes*'0  nccess"r^  I?0"'w»  wouldn’t 

no?e  ?  in  tl,L*  (lmwing,  for  the  pin- 

made  n»S  oS  S1°"aLs  aS  fast  »«  possible,  would  be 
power  ?  T  Yes  “  C°"1<1  ",,rt  C0,,VL,-V  tho 

sttSiccharaer'v  °  l'si"S  il  tO  L  f 

would  not  bm  1lhe,sll01't  core  magnet  concern 
ouia  not  have  much  effect,  would  it  ? 

•  es ;  but  you  spoke  of  the  patent  of  Mr.  Edi¬ 


son’s.  That  is  adjustable  ;  by  that  tho  magnet  ho 

Q.  Iain  not  speaking  about  Mr.  Edison’s  patent? 

A.  In  the  case  yon  have  named,  I  should  expect 
to  adjust,  tho  magnet,  and  if  necessary,  make  it 

l0"S°r-  .  ,  Oioo 

Q.  Slow  down  your  receiver  ?  - J 

A.  Slow  down  the  bug  trail. 

Q.  You  would  do  that  for  the  purpose  of  making 
it  counteract,  the  static  charge  ? 

A.  Yes  ;  to  bridge  over  the  interval. 

Q.  Now,  another  thing,  the  armature  that  closes 
two  poles  of  the  liorseslioe-niagnet  is  called  a 
“keeper?”  A.  Yes. 

Q.  And  it  closes  a  continuous  circuit  around 
through  the  magnet  ?  A.  Y  es. 

Q.  Now,  that  keeper  is  off  when  that  (Referring 
to  diagram)  side  of  the  line  is  not  working  ? 

A.  Yes.  ,  .  ,,2133 

Q.  When  yon  come  to  a  dash  or  slot,  it  would 

come  on,  wouldn’t  it? 

A.  Yes ;  it  might  come  in  when  you  work  fast. 

You  can  adjust  the  spring  very  low  on^  that  side, 
when  vou  want  to  receive  automatic.  You  can  ad¬ 
just  the  spring  of  the  magnet  by  simply  giving  a 
turn  by  the  left  hand,  and  let,  .the  armature  come 
til)  closely  against  the  magnet. 

Q.  Let  it  stav  at  home  practically  !  A.  Yes. 

Q.  You  would,  bo  merely  suspending  automatic 
in  order  to  work  the  lmg-trap? 

A.  When  I  am  working  automatic,  I  can  turn  my 
spring  nt  once,  and  work  the  lmg-trap.  It  is  a  com-  5134. 
111011  thing  to  suspend  flic  magnet  for  receiving. 

You  see  operators  very  often  with  their  left  hand 
adjusting  the  spring.  ,  ,  , 

Q.  When  that  keeper  is  down  on  the  electro¬ 
magnet  0,  it  has  about  2000  times  its  inductive 
power,  sis  compared  with  its  inductive  pouet  "i  1 
the  keeper  up?  .  . 

AT  think  four  times  on  a  regular  line  ;  the  m- 

dilution  is  tour  times  stronger  when  the  armatme 

a  common  magnet  is  closed. 


unius  (  j\,  i  r.ninic  it  is  about 
lliat ;  it  is  so  slated  in  the  books,  and  1  have  eomo 
pretty  close  to  it  by  personal  experiment. 

Q.  Look  at  this  work  on  shunts  by  Pierce  ? 

A.  I  have  seen  it. 

01  **  ?•  T?"  ,m'’°  h 0:11(1  01  Lim  haven’t  you  ? 

-too  A.  I  know  him  by  reputation. 

Q.  He  is  an  authority  on  electricity,  is  ho  not  ? 

A.  He  is  good  authority  on  electricity. 

Q  Suppose  the  magnet  to  have  only  one  core  in 
ike'su,  b  (showing  witness  drawing  i„  book  I 
take  such  a  magnet  with  one  coil  or  one  core  and 

StZld^a,,,!,gnet,:aVinff  1111(1 

ducMonT'  d  y°„  Say  W,ls  tho  difference  in  the  in- 
A.  I  had  not  undertaken  to  go  into  such  -i 

pare~‘  ZT"'  '  ^  ^  ^nt  to  0°:»- 

vl,irl',Tl  /  Slll,i°cf  of  inquiry  to 

2 1 30 a.  I  shoo  l  iii1"  lilV';  ’’f1  VUry  liUI°  uHention, 
“a.  2y  1  f  1  11  01,1  t 

question  •  T  do  ?  &  ,l(ly  before  answering  that 
encein  that  case  would  be  the  differ- 

»,»!, I, 1  *>  '»« 

Q.  Supposing  that  to  be  true,  then  you  would 
have  an  inductive  effect  between  onb  and  four  « 1 
1„-  C°‘(  ',{e  pl:ly  or  fbo armature,  wouldn’t  vou  ?  ' 

wiHiitV1"0  P',,y  °f  "le  ll,,lnat»re  to  do 

in«;a^rys,rk,,ow  w,,at  u  ^ ,)o 

A.  I  did  not  say  that ;  I  said  1  observed  the  oper¬ 


ators  when  they  were  working  and  when  they  were 
doing  better  than  that,  and  when  they  were  mak¬ 
ing!!  better  percentage  than  1  gave  yesterday.  1 
spoke  yesterday  of  working  what  you  call  the  bug 
trap  ;  when  they  wanted  to  use  the  automatic  at 
rail  speed  they  used  the  other  relay  for  the  signals 
and  sent  the  automatic  along  as  best  they  could  on: 
the  other  wire  ;  they  would  use  the  quadruples :  ar¬ 
rangement  on  one  side  to  send  the  automatic  right 
along  and  thu  Morse  on  the  other  side  and  in  that 
way  they  could  probably  get  a  better  percentage 
than  that  I  spoke  of  yesterday  when  1  spoke  of 
using  the  bug-trap. 

Q.  1  want  to  get  at  your  intent ;  did  you  mean  to 
tell  the  Court  that  your  observation  was  that  when 
they  didn’t  want  to  send  a  message  they  didn’t 
send  it? 

A.  I  didn’t  say  that. 

Q.  You  didn’t  meant  to  say  that? 

A.  I  don’t  a udei stand  that  question  exactly. 

Q.  You  told  his  Honor  yesterday  that  your  ob 
serration  was  (and  I  suppose  you  meant  that  that 
observation  was  uniform)  that  the  men  were  only 
working  one  minute  out  of  four,  and  that  the  other 

three  minutes  they  were  idle? 

A.  In  general,  perhaps  that  might  be  so,  but 
they  can  make  very  much  better  time  than  that. 

Q.  As  matter  of  fact,  taking 'the  whole  organiz¬ 
ation  together,  and  all  those  elements  into  account, 
you  could  not  send  more  than  one  minute  out  of 
four,  and  the  other  three  the  men  would  be  idle  or 
chafling  between  the  two  'ends,  fixing  up  reels, 

.  A.  I  didn’t  say  that ;  that  might  beso,  ordinarily; 
but  us  I  said  before,  they  could  do  very  much  bet¬ 
ter  than  that;  that  is  a  matter  which  is  under  the 
direction  of  I  he  managers  of  the  office ;  I  have  never 
inquired  particularly  about  that,  being  out  of  my 
department,  but  I  have  seen  them  in  one  in  tin  t 
rush  messages  to  Buffalo  and  they  were  not  losing 


cause  I  mis  speaking  generally  and  taking  i|„. 
n vertigo  som  limes  Mum.  operators  send  lift,,,,, 
words  and  sometimes  twenty-live.  hut  liow  ean  von 
tell  when  !  •  " 

Q.  I  do  not  wish  that  there  should  lie  nnv  mis 
um  erstamnng;  did  von  mean  to  tell  his  Honor. 
th,lt>  "lfl1  messages  in  your  olliee.  which  were  to  be 
sent,  vonr  line  could  not  send  more  than  one  hour 

!' 1  of  m!,11  fj'/f  «>» -f  the  time  it  had  to 
lx,  occupied  with  different  things? 

A.  I  didn't  mean  that. 

it  (|f  I!!!'!  "T"W  l,,,v.e  ,HH>"  e,"i,vl-v  flllsi'.  wouldn’t 
II  you  had  meant,  it ' 

A.  Yes,  sir;  it  would  have  been 'false. 

.  ‘  , "/  •'  °.11  ,,,e“n*  t0  say  that  what  business  you 

,  ferent  thin™  "T  r0"  a  *  "'Hi  Hie  dif- 

2142  ,  „'  "rs  •'ou  •'ave  mentioned  I 

(V  T|l  lt  'S  n®  1  lli,vu  suen  Hiem  working. 

|,  J;  s,  l!VSf  f  °f  observation  was,  that  this 
, of  tKmsimss.on  gets  off  the  work  in  the 
'  co,,,es  ''I,  and  that  there  is  a 

gnat  deal  of  idle  time  of  that  kind  ? 

that  r".!!l-gi'.0i  '’I  uk“i,r  !,"s"crin  lego  id  to 

send  r  .  1  !e  °  ",!f  0l)el'a,°r,  ■*  Why  don’t  you 

“l)m;ir\j;ra^S  ]>%v  •**  a,,<l  he  said, 

nuitle’ihe  .  W'ok  i,s,w  l,,,t  ‘“•■Klii'g  amol 
lake  niesciirit  r" '!  ,J,ko  '’"miicss  faster  mid  will 
0  ,l,e  H'lplex  would.” 

214,1  \  We  lvu  ’!  "USf  ‘lily  of  re,y  bad  condiiclivil  v  1 

0  „  . ,!Ul  'Tn  ^e|a.ved  in  business. 

if  mis  *i  I'inii  a0t  "*n,,8f  of  •vo,"‘  delay,  hut  because 
mis a  laid  day,  wasn’t  it? 

-•  was  not  on  account  of  deiav. 
delay ornniT  °htiUns  tIle  Si,mo  "bether  there  is 
teni  has  hotlBn*  1*  l*,BS!,,ne>  the  automatic  sys- 

•  ^011  said  in  fact,  as  I  understood  you,  and  as 


60S 

von  wished  his  Honor  to  believe,  that,  if  you  put  up 
this  quadruplex  shown  on  the  blackboard  in  your 
automatic  office,  you  win  Id  i  tl  l 

r  automatic  sending  wire  about  four  times 
\duit  it  is  without  tliis  apparatus  1 

A.  I  didn’t  say  four  times,  I  said  three  times. 

Q.  Did  you  mean  his  Honor  to  understand,  that  2 144 
if  von  put  in  your  office  the  tiling  shown  oil  the 
blackboard  and  sent,  from  New  York  to  Boston 
over  the  automatic  side,  and  kept  tile  other  side 
for  such  uses  as  might  be  desired  in  connection  with 
automatic  sending,  that  then  you  would  increase  the 
rapacity  of  the  automatic  business  over  tiiat  auto¬ 
matic  side  from  New  York  to  Boston  three  or  four 
times  1 

A.  I  said  yesterday,'  first,  tint  that  thing  on 
the  blackboard  I  was  duplexing  and  that  it  would 
then  he  a  qnadruplex  ;  and  second,  I  didn’t,  mean 
yesterday  to  speak  of  it  as  working  in  the  way  wo^g 
have  talked  of  it  to-diiy  ;  we  have  referred  to  if1 
to-day  as  another  manner  or  working:  I  didn’t 
lake  account  of  that  manner  of  working  yesterday; 

I  spoke  of  working  automatic  on  each  side. 

Q.  I  will  put  the  question  to  you  in  another 
sense.  Do  you  mean  now,  to  say  to  his  Honor,  that 
if  you  set  tip  that  apparatus  just  as  it  is  shown  on 
the  hhiekhonid,  with  the  sending  end  in  New  York 
and  the  receiving  end  in  Boston,  and  then  pro¬ 
ceeded  to  work  the  automatic  side  in  sending  your 
messages,  and  to  keep  the  Morse  siiie  for  an  uiixil- 
Inrj  to  the  automatic  side,  you  could  send  three  or 
four  times  as  many  messages  as  you  could  without  2146 
the  aid  of  the  Morse  side  2 

A.  I  don’t  mean  three  times  or  four  times,  but  1 
mean  one  and  one-half. 

Q.  You  say  now  one  and  one-half? 

A.  I  mean  00  per  cent.  ;  I  would  send  automatic 
on  the  increasing  and  decreasing  side,  and  1  would 
send  Morse  on  the  polarized  relay. 

Q.  Then  you  send  with  automatic  and  with  the 
Morse  besides?  „ 


000 


067 


A'  i  e  fl  ls  Hior  j  nit  which  must  Im 
brought  to  light,  nntl  is  the  interruptions  wiiieh 
come  on  the  automatic  line  mid  xvl.ieh  could  l,a 
“  -°  ?!'S<i  Si,!° ;  fl,e  sl'e«l  «  diminished 

by  these  interruptions  ;  for  instnnce.  when  wesfienk 
ofsomliug  !i00  words  by automntio,  it  nmv  full  to 
47  too  or  ]("),  according  to  so ‘that  bv 

Sn 'S  "'"°le  °f  U  ”  W0,,W  «et  50  «nt 

Q.  I  umle, stand  yon  to  s  ,,  tl  on  that  1,  ,  g 

tlmt  machine  in  your  office,  and  having  messages 
tome  in  you  could  send  part  of  them  by  automatic 

and  part  of  them  by  Morsel  A  Yes.  ’ 

Q.  And  you  can  also  use  Morse  to  get  liack  the 

X^T  ȣ 

use  tliehmg  imp'1  d°  ",nt  so"letinu'S  “ml  I  could 

i  autoinnt/p  'v"'.  l'y  **?“!!  of  wol*»'G  Nome  and 
automatic,  you  could  increase  your  wire  for 
business  fit.  per  cent?  A.  Yes,  that  is  it 

tiro;  7*Z  ,S1US1,e(!ii,Ily  tn,e  if  i'ou  don’t  send  more 
tli.in  7o  words  on  automatic  1 
A.  In  regular  business’ 

Q.  Yes,  say  your  regular  business  is  600  a  min- 

s«;£.r 

rs,‘,v” » 1  t  r-*  “ 

misunderstood  about,  that  f  '  , 

140  questioning  you  state  u,  ,  *?"'  mmmcr  of 
words  •  til,  1  fl  Ilf  t  I  a 

:=r£?f“«-2 


it  to  half  as  much  as  it  would  be  if  we  could  work 
without  all  those  interruptions. 

Q.  You  have  sworn  to  the  fact  that  the  automatic 
works  from  76  to  '100  words,  and  I  don’t  want  you 
to  go  beyond  that  at  present.  What  you  say  is  now, 
that  sending  100  words,  if  you  please,  by  automatic, 
and  working  the  other  side  by  Morse,  and  taking  - 
the  two  together,  you  would  increase  the  speed,  or 
increase  the  amount  of  messages  sent  at  any  given 
time,  60  per  cent  1  A.  Yes. 

Q.  Now,  suppose  you  didn’t  send  messages  by 
Morse  at  all,  and  that  you  used  it  merely  for  the 
purpose  of  saying  “all  right,”  how  much  would 
that  increase  it  I 

A.  Yon  say,  sending  100  words  to  the  minute ; 
you  must  reduce  that  speed  on  account  of  interrup¬ 
tions  that  occur  in  the  transmission  of  the  messa¬ 
ges.  On  account  of  these  interruptions,  the  speed 
may  be  reduced  30  or  40  words  a  minute. 

'  Q.  Do  us  the  favor,  if  you  please,  to  lix  some* 
speed  that  you  say  practically  automatic  will  trans¬ 
mit  ;  I  don’t  care  whether  it  is  a  million  or  a  thou¬ 
sand— I  don’t  care  what ;  just  lix  it. 

A.  You  want  me  to  prepare  an  experiment  in  my 
head,  and  give  you  the  result  of  it  2 

Q.  No ;  I  am  not  asking  Tor  any  experiments 
from  you;  I  want  you  as  a  practical  electrician, 
and  as  the  electrician  of  that  company,  to  lix,  for 
the  purpose  of  my  question,  the  practical  speed  of 
i messages  sent,  off  the  reel  to  Boston.  .1  ust  lix  your 
own  iigure,  so  that,  for  the  purpose  of  my  question, 

I  may  have  a  fixed  basis.  Make  all  your  allowances ; 
for  necessary  interruptions  and  then  lix  a  rate  of 
speed  at  which  messages  are  sent  off  the  reel  ? 

A.  I  can  save  you  the  trouble  and  time  of  making, 
a  calculation  upon  that. 

Q.  I  am  paid  by  the  other  side  to  take  trouble, 

■  and  I  don’t  care  to  have  it  saved  by  you? 

A.  Then  I  will  make  a  calculation.  [Witness 
makes  a  calculation.]  I  cannot  tell  how  much ;  I 
cannot  give  you  a  definite  number;  it  depends  up- 
•on  so  many  circumstances.  .  * 


Q.  You  don’t  know,  ns  a  matter  of  fact  how 
jnany  words  a  minute  go  over  your  H„  J  o  r  Z 
the  messages  are  reeled  oir  by  your  company ; 

.ra'bf,'S,,S'Sr  . . .  "»» 

1  S3  Ky  the  Court. 

Q-  A  wide  margin  ? 

A.  "i os,  sir;  a  wide  margin. 

Iiy  Mr,  Dirt-arson— 

Q.  We  will  take  it  that  way  then.  We  will  t-ilo. 

Now  I  nut  ri,tl  °  1  ",arg"1’  w,mtevw’  if  is. 

•  ’  1  Pnt  “■»  question  to  you  Startiim-  ...in, 

. ,  your  automatic  line,  and  with  a  vv.i” 

pose  of  "it  ls  t  ,,!  "  /T?  °  Xor  the  1,»>- 

the  other  going  %  '  1  6<l  1,1  orfler  to  kefil> 

0  t  !v!!  Is  al,0nt  1,10  81lme  question. 

W.  i  w ant  an  answer? 

A.  I  »"ist  give  you  ,he  same  answer. 

W-  i  hen  you  cannot  tell » 

than  T;,d  r bBUy  *“»  better 

Q.  You  have  an  s‘ilel.lll,loik,>°wledge  about  that. 

.  uaie  an  opinion  about  it? 

not  ,10"t  knowing  exactly  whether  it  is  or 

Q-  Then  you  don’t  know  ? 

A.  Ao  ;  I  don’t  know. 

Q-  Now,  suppose  the  automatic  line  set  up  to 


Boston  with  an  automatic  quadruples  according  to 
Ex.P..  then  each  or  the  four  connections  would  run 
off  as  many  messages  as  if  it  was  a  single  line  and 
a  single  message  1 

A.  No,  sir.  1  made  restrictions  as  to  that  yes¬ 
terday. 

Q.  Tam  not  speaking  of  this  machine  on  tile 2150 
blackboard.  I  am  speaking  of  this  Ex.  P„— Edi¬ 
son’s  qundruplex  automatic ;  you  have  seen  that? 

A.  Yes,  1  have  seen  that. 

Q.  Now,  suppose  that,  you  were  to  set  that  up 
between  New  York  and  Boston,  then  these  four 
connections  would  run  off  as  many  messages  as  if  it 
was  a  single  line  and  a  single  message '! 

A.  No,  sir;  you  would  have  to  have  Morse’s  sig¬ 
nals  there. 

Q.  lam  asking  you  if  the  foiir  messages  could 
be  sent  as  fast,  as  if  it  was  one  sent  with  one  re- 
.  ceiver  and  one  line  1  2167 

A.  It  might  be  done  slowly.  I  gave  myself  a 
margin  yesterday,  of  about  fit)  per  cent. 

Q.  You  applied  St)  per  cent,  to  your  picture  on 
the  blackboard,  and  not  to  that  picture.  No  matter 
about  the  picture  on  the  blackboard  ? 

A.  I  applied  it  to  that,  too. 

Q.  What  is  the  difficulty  in  sending  each  one  of 
the  four  over  this  qundruplex  chemical,  as  fast  as  if 
the  others  me  not  going  1 

A.  There  is  always  a  difficulty  in  automatic  tele¬ 
graphy  which  bears  a  close  analogy  to  that  one ; 
that  is  to  say,  when  the  reversal  occurs.  .  The  elec¬ 
tro-magnet,  which  is  in  a  shunt,  circuit  on  2 158 
this  Exhibit  P,  is  there,  (at  0,  in  Ex.  V.) 
a  kind  of  [bug-trap  arrangement  or  attach¬ 
ment  for  the  receiver  X,  and  in  this  same  manner  a 
bug-trap  can  be  applied  to  the  Morse  telegraph.  I 
don’t  think  the  speed  here  in  this  Ex.  P,  on  receiver 
A,  could  be  as  great  as. the  other  one  would  lie 
on  ashort.  line.  I  do  not  think  it  would  make  a  great 
deal  of  difference  ;  the  difference  would  conic  from 
the  static  discharge  over  the  line.  In  this  line  you 


Have  supposed,  from  New  York  to  Boston,  1  think 

S02,  bTk-iwiH;' ,,e,,rly  t,‘°  of 

speed  on  both  sides,  but  not  so  fust,  in  mv  hid.- 
mem,  us  u  single  message  over  n  single  win*  us  vtu 
bnve  stated  in  your  question.  ’  J 

59  By  the  Court: 

“ »' « l''"‘ 

By  Mr.  Dickerson. 

0  asmuchwiTodo" .!!'?  y°"  h“v,!  tllk™  fo'"'  time. 

nnoZS'tCS^'. that  Hmt  etero-*^ 

A.  To  u  certain  extent. 

A  Is  tI,u  same  thing,  exuclly  as  in  Ex  P» 

Sir/te 

and  receive  Morse  upon  i  1,  “r'  W51' 

by  chemical  paper  ’  ‘  t  l,sln,t  messages 

fl*«  ° tiler  end  of  the°!vire  I  °y  C°"ld  got  *»  « 

[~.£s ZwalfSZ'u  Siii  ™p' 

rot  ZZaiX.",‘ *"  ft  •  Mo™  „„ 


A.  You  could  put  a  Morse  on. 

Q,  Now  having  that  apparatus,  as  slum 
bibitP.,  by  substituting  the  trapsjsho 
upon  the  blackboard  instead  of  it,  itwouh 
the  capacity  of  the  business  of  your  comi 
A.  Tt  would,  in  my  judgment ;  I  could 
to  receive  my  signals  just  as  well  ns  to 
Idol  When  I  lift  two  puns,  I  can  rccch 
Morse,  but.  as  I  told  you  yesterday,  in  wn 
automatic  upon  one  side,  1  am  notjtinterfc 
the  polarized  relay  upon  the  other. 

Q.  Having  an  outfit,  as  shown  in  Exiii 
work  between  here  and  Boston,  do  you  me 
the  Court  that,  as  an  electrician  you,  woi 
your  company  to  take  it  down  and  pu 
trap,  Ex.  Y.,  "in.  its  place,  because  it  wouh 
the  capacity  or  your  line  to  send  message 
New  York  and  Boston. 

A.  Why  not  1  if  I  prefer  to. 

Q.  l  ain  not.  asking  what  you  prefer,  I  s 
you  whether  you  would  advise  your  cc 
put  up,  in  the  place  of  Ex.  P.,  that  tlii 
upon  the  blackboard,  between  here  and  1 
A.  We  could  use  this  tiling  on  the  bii 
I  might  even  find  something  better  than  I 
Q.  l)o  you  mean  to  tell  his  Honor  t! 
had  a  machine  like  Ex.  l’.,set  up  between 
Boston,  and  your  neighbor  had  that  (hi 
on  the  blackboard,  and  messages  as  mn 
line  could  handle,  were  brought  into  the  < 
you  co  Id  send  on  the  blackboard  inachin 
in  i„  i  to  Boston  and  receive  as  many 
ton  to  New  York,  in  the  same  time  as  yoi 
Ex.  P.  1 

A.  Isay  this,  that  taking  it  altogethei 
prefer  to  uso  the  one  on  the  blackboard, 
is  more  correctly  represented  than  this  o 
Q.  (Question  repeated).  A.  I  do  no 
reason  why  not. 

Q.  You  have  told  ns  that  you  siispo 
these  sides  and  work  automatic  on  the  ol 


072 


A.  Yus. 

Q.  You  Imre  said  Mud  working  Mm  bliickbonnl 
picture  automatic,  you  would  not,  suspend  il,0 
Alor.se  side  while  you  were  doing  if  ? 

A.  1  said  while  I  was  receiving  Morse  on  the 
o  |  nr  m'\,laP.  if  r1'1'  polarizud  side  was  working  until, 
niniic,  I  would  Imre  either  to  slow  Mm  speud  or 
move  fhu  Morse,  so  Mud  l  might  not  interfere  will, 
I  he  Morse  working,  hut  I  uould  rouoivu  aulouuUic 
witli  tlm  hug-tmp  aMnulinmid,  wiMiout  interferin'-' 
any  more  in  rim  one  ease  than  tlm  oilier.  ° 

Q.  "'lien  yon  have  lot  down  the  spring  of  vour 
eleei.ro  magnet  O.  for  the  purpose  of  making  0 
useful  to  shunt  oid  llmjexlm  current  of  X.  then  that 
side  cannot  work,  can  it  ' 

A.  When  the  spring  is  .down.  Mm  armature  is 
close  o  the  core,  and  the  hug-trap  can  not  work. 

Q-  I  hen.  while  you  are  sending  over  X,  you 
2 1 G6  calJ,I0J’ !lt  ,ll<! Si,m,!  I  hue,  lie  sending  over  0  f 

A.  cannot  he  sending  on  the  hug-tmp  side.  I 
”  ""lk  "I1  0,U!  1,1  the  receiver  with  n 

h  ie  pen  and  work  Mm  hug-tmp  at  thesame  time, 
hut  I  am  able  to  work  slow  on  both  sides. 

thein  imth  ",OW  •si,1<’s>  and  work 

A.  Yes— f  don’t  think  it  would  work  well.be. 
cause  mere  is  a  shunt  circuit. 

tln-.m  i  V!?  ""  !"1  Io  t,!l1  llis  * lonor  that  sending 

p'r  tU  yo"  “ot 

2lfl7Mnrst  T'1  °"L‘  ‘'’‘hrinaMe^'keuph'ig1  vour 

2 1 07  ^'hirse  thing  suspended  t  1  n  ' 

A.  I  don’t  understand  Mint  question. 

' . ..Icn  'jX-  1*  's  !ir  work,  you  are  sending  two 

automatic  messages,  are  you  not  1 

wtw'er  Mud  S''  g0i"S‘lt  tl,U  speed, 

A  little  slow. 

stmumut"  vcm'"  *Tli"S  by tho  blackboard  i»- 
’  i  0  1 1,10  sending  only  one  automatic  1 


A.  From  opposite  ends  nt.  Mm  same  time— yes. 

Q.  [  am  talking  about  the  same  ends  '; 

A.  Yes;  by  this  apparatus  on  the  blackboard. 

Q.  You  cannot  send  by  the  nppumtiis  on  the 
blackboard  while  you  are  sending  to  tlm  black¬ 
board  nuudiinc  from  the  other  end  ?  A.  Yes. 

Q.  That  you  could  do  by  a  Morse  instrument  I  2108 

A.  Yes.  ' 

(J.  And  in  Mud  respect,  tlm  two  machines  would 
be  just  alike) 

A.  Substantially  the  same. 

Q.  In  Ex.  Y  you  would  have  to  work  electro 
magnets  at  O,  and  also  electro  magnets  at  tlm  send¬ 
ing  end  ?  A.  Yes. 

Q.  You  would  have  four  sets  of  electro  magnets, 
in  addition  to  Mm  paper  sender,  in  order  to  make 
the  blackboard  machine  work  ! 

■A.  hi  answer  to  that  question,  I  would  say  that 
T  would  receive  on  the  automatic  polarized  relay 
side,  the  automatic  on  tlm  large  X. 

Q.  Then,  when  you  send  over  your  bug-traps, 
von  have  to  stop  your  automatic,  don't  von  ! 

A.  I  can  stop  either  side. 

Q.  You  have  to  stop  one  side  i  A.  Yes. 

Q.  Then,  whenever  you  want  to  send  by  Ex.  1\ 
vou  can't  send  lev  the  Morse  key  ( 

'  A.  Yes. 

Q.  You  would  put  a  Morse  key  in  tile  bridge, 
wouldn't  you! 

A.  I  don't  sav  that  T  would. 

Q.  That  would  lie  the  proper  place  ? 

A.  I  do  riot  say  that.  217b 

Q.  How  would  you  put  it  Morse  relay  on  the 
bridge  1 

A.  I  am  not  forced  to  invent,  and  tell  you  wlmt 
I  could  do  or  would  do.  With  a  Morse  bridge,  I  t 
will  some  times  have  to  stop  receiving. 

Q.  When  1 

A.  Just  in  the  same  manner  ns  I  laid  to  in  tlm 
case  of  tlie  receiving  magnet  0. 

Q.  With  a  Morse  key  in  the  bridge  could  you  re¬ 
ceive  signals) 


A.  r  am  obliged  to  slow  down  on  the  n„i, 

"S  •!-*— on  iCK 

Q.  You  would  have  to  put  the  Morse  law  „n,l 

Sn^roft.^  ^ 

171  luAJ'l  ?"t.'J"1,lex  tbor,!  t,u;  k“y  would  Imre  to 
1  -  <«no«  bon;  noni-  tin;  oheinionl  paper  1 

Q.  Outside  firebridge?  A.  Ye;-. 

,lllvo  t<>  -so  the  common  relay  in 
tlm  In  ulge  and  a  key  outside  of  the  bridge, wouldn't 


A.  I  din’ t 


my  that ; 


e  to  nmke  in- 


Q-  ll  would  not.  work  practically  > 

the  other  side!  "°'  k  S‘m(,i"!'r  '"'fomaticon 

onltide  l  e,"y  °"  '.ridge  and  a  kev 

-2onl.S"lo  the  bridge,  you  could  network  that  re- 

A-  I  will  not  say  that. 

nl-ice  fnl-  M ""  ‘f  that  was  not  the  proper 
"■  U  ,f0  a  key,  as  I  have  stated  to  voa  l 

i  a..;  .!ot,::i1,ik::;70i;„;te;:;,ui<i  ihj  t,,e  w* 

br2^A™l^r*™,™"‘ro  k°y  oiitsUU‘"r 

'•nils'  -1,1,1  ‘it  ‘  the  bridge,  at  Ixitli 

s'nlVrr  the  '.a  I  lories  on,  if  y„„  wanted  to 

trive  ti?,/si°I  SLi  ,,so  tlie  Morse  kev  anil 

go  e  the  signal  at  the  other  end  ? 

3  yoVailsptmki'ng  !!!f'  Td0n,t  k"0"'  uxi,ctl-v  'vl,,lt 

Morse  1-ev  oltl  j1”11  'Y  automatic  line  yon  have  goto 
on?;  i  •  or  caPable  of  being  put  in  cir- 

mtd^nmtimesV,orJ’S:  SOmetimes  "e  Putthni 

mu’nnin  \r!Ikn°"’ °f  *  i  ,,t01  ti  line  that  has 
°  1  11  **°rse  sounder  and  a  Morse  receiver  for 

'"e  purpose  of  chaffing  across  the  li,  el 
A-  Acs;  but  it  is  not  a  switch  circuit. 


Q.  It  is  in  a  shunt  circuit?  A.  Yes,  sir. 

Q.  Capable  of  being  thrown  out  of  the  circuit? 

A.  Yes,  and  chemical  paper  substituted. 

Q.  That,  is  a  device  for  using  tin*  machine  either 
Morse  or  automatic?  A.  Yes. 

Q.  The  siime  tiling  would  happen,  would  it  not, 
if  yon  put  into  the  quadruples  a  Morse  key  in  aSj. 
shunt  circuit,  or  around  your  transmitters,  and  put¬ 
ting  a  Morse  receiver  into  the  bridge,  you  could, 
when  you  pleased,  operate  with  Morse  when  the 
automatic  was  not.  working,  just  the  same.  A.  Yes. 

Q.  It  is  true,  isn’t  it,  that  if  you  put  those  keys 
in  as  I  have  stated  in  this  Ex.  V  whenever  you 
.wanted  to  send  a  Morse  signal,  when  the  automatic 
was  not  working,  you  could  do  so  ? 

A.  Yes;  in  one  case;  I  mean  on  one  side— the  in- 
rereasing  side.  You  could  not  receive  Morse  with  a 
Morse  relay  while  the  other  was  working  automati¬ 
cally;  but, in  the  other  case,  with  a  polarized  relay  g 
you  could  work  the  line  automatic,  and  you  will  “ 
not  be  interferred  with. 

Q.  With  the  instrument  P  in  operation  you  could 
run  your  reverse  side  automatic  and  your  increas¬ 
ing  side  Morse,  couldn’t,  you  ? 

A.  You  could  work  it,  on  the  side  working 
Morse. 

Q.  You  are  working  Moise  when  you  are  running 
your  reversed  currents  are  you  not  I 
A.  No,  sir;  there  is  no  receiving  Morse  there. 

Q.  You  mean  it  is  not  shown  on  tile  picture  ? 

A.  Yes. 

Q.  Neither  is  the  Morse  key  on  the  picture,  but 
it  is  in  your  mind. 

Q,  Then  if  you  put  in  a  common  Morse  key  to 
control  "the  increase  and  decrease  of  the  current, 
you  are  simply  sending  Morse  on  the  lino? 

‘  A.  Yes. 

Q.  At  tlie  same  time  the  reversal  business  is  go¬ 
ing  right  on  ? 

A.  Yes ;  but  you  are  not  receiving  Morse. 

Q.  You  can  receive  Morse  reversal  sometimes, 
can’t  you?  A.  No,  sir. 


Q.  I  am  putting,  Cor  the  purpose  of  mv  case  n 
Morse  receiver  on  the  bridge  right  in  series  with 
these  other  instruments?  A.  I  understand  you  now 
Q.  There  is  no  trouble  about  its  working  i 
A.  Yes  ;  there  is  trouble.  b 

Q.  It  works  whothor  von  nw  send.-..™.  , 
or  whetimf  trnn  ....  /re  sending  reversal, 

A  r  /  0  “"d,1,e  “wwnsod  ? 

WomTS'SlL’V""":.^  *ta»  - 

Will  not  act  on  le vers. .1  ?  a  ’  tl,u  ‘"'"uitiiru 

Q  Then  if  it  •  ’  A'  No>  sil‘- 

!I”  «ifci.  H.e  X  j ■  *  .»i»i  o.™gi. 

Tcsarrsrs'  ”• >i  T* 
"it  sr  ?h“  «S«Trsr-  b”'“  “ 

and  put  doiWiyourkey^ untf  ^’T  inL',eil8e<1  side, 
the  Morse;  and  that  is  Vho  tlda"'* "  8,snul  t,,ro"fik 
talking  with,  across  the  lh)e !  S  y°"  C'1"  <loTour 
A.  If  the  other  man  on  ti.o  .. 
you  can  talk  by  Morse.’  0tl her  8i<Je  agrees, 


Q.  Then  you  would  get.  the  benefit  of  the  quadu- 
plex  automatic  on  the  four  sides,  at  the  same  time 
having  the  capacity  to  use  the  Morse,  when  you 
have  suspended  one  of  the  automatic  sides? 

A.  Subject  to  the  restrictions  I  have  stated. 

Q.  That  is  just  what  you  expected  to  get  on  that 
picture  ?  A.  Yes.  21 


Redirect  examination  by  Mr.  Wheeler. 

Q.  You  said  this  morning,  that  in  your  judgment 
it  was  belter  to  put  the  overflow  dam  at  the  trans¬ 
mitting  end.  Why? 

A.  Uecnuso  three-fourths  of  the  static  charge  of 
the  line  is  between  the  line  and  the  transmitting 
end ;  and  if,  after-  transmitting  it  signal'  you  leave 
the  line  free  to  discharge  where  it  will  that  three- 
fourths  of  chaigc  which  is  on  the  transmitting  side  21S1 
would  have  to  discharge  at  the  receiving  end. 

The  Court. — What  would  be  the  effect  in  respect 
to  tailings  ? 

A.  It  would  increase  considerably  the  tailings, 
because  the  line  would  have  to  discharge  only  at 
the  receiving  end. 

Q.  And  it  is  to  obviate  that  that  you  put  it  at 
the  transmitting  end  ? 

A.  To  allow  a  path  for  the  static  charge  to  dis¬ 
charge  backwards,  and  to  come  to  the  transmitting 
station  instead  of  going  to  make  a  tailing  at  the 
receiving  end. 

Q.  It  is  to  avoid  those  tailings  that  you  put  tho-10- 
overilow  dnin  of  the  transmitting  end? 

A.  Yes,  sir;  I  suppose  the  lino  to  bo  well  insu¬ 
lated. 

The  Court. — The  tailings  are  not  created  until 
the  undulation  hns  passed  beyond  the  middle  of 
tho  line ;  are  they  ? 

A.  I  ought  to  explain  myself  better  to  tell  you 


how  Hie  static  discharge  is  distributed  on  the  lino 
Suppose  ii  common  Morse  close  circuit  with  a  kev 
Tor  breaking  at  (lie  transmitting  end,  for  instance 

ZIZl-'TT  l"yko?*  ‘I10  0,nTOnt  f'“'n  Hie  battery 
iiishi.sj  at  lirst  on  the  line,  as  if  the  battery  were 
oisa  \v,  1,1  ,J,,ort  wroi.lt  fora  certain  interval  of  time 
dit  on  ■«  ,“tn"1 ly  ,ms  tnken  a  permanent  con- 

m-Simn  :rrvh° s,ntic  * >» ««• 

,IX . “>  'he  polo  of  the  balterv.  I  snn- 

b’uTerv  i""  r  '!iCk'r'’  l,Wt  ,ho  l,osifive  l>ole  of  the 
battery  is  o  the  line.  There  the  tension  is  the 

tore  n"  •  ‘"'I1  S°CS  <limi",s|li"g  along  the  conduc- 
ta!u  sfatinn  u'l lll’°ljl>l'|,on  '«  'he  ground  at  the  dis- 
taut  station  where  it  is  zero.  It  conlil  1,„ 

sUIe  of  WS*  iby  11  ,u,:',,1,f?"hir  triangle,  one 
f1'1'1.  ““  ’’j'f '  f(-r  instance,  would  be  the 
‘  '  I’  ^  h-'ght  side  would  bo  the  amount  of 
l  lt  .e  ,  rSIOn,;,i,:Ul'Vl'a'  ho  called  the 

2is^S“r,tl^rlir  rei,resun,i"e  *"»' 

nnln?  ’  ,  !,mollnt  of  charge  at  any  given 

pendim  •„  U  "e’  bu  ^Presented  by  a  per- 
•i  l  l  ^0ni”  "1»  horn  this  point  ton. eet 
T«  «'•"  ease,  then,  it  is 
lineevictlvb.  m  1  i  l!'"'"’  Slluh  a  perpendicular 
of  tlmsn  r„  ,  “of  'he  hue,  three-fourths 

mit  t'  h  ,0  ",,S  "'ll  he  on  the  tmns- 

S5d  A  "ni  h«  on  the  re, -civ-  ' 

at  the  tnmmn-rf*'  hell  "e  have  the  overllow  dam 
ti  e  c  111  V  1  fhis  qi  irter  which  is  on 

has  torimLT.e0  ffed  ''-yond  recall,  and 
2185  strument  f  tl  e  re  "h  '  "°''°h  ti,e  ,eceiviiig  in 

distant  station  Tlmt  wn  TiT'’  illst,'umel‘'  at  the 
lengtheniim  of  m,h  -i  U,a  be  fche  of  the 
Q  Yo  said  '"S  °n  tUe  ohomical  receiver. 

l0"  SaMl  '  el'o  were  some  cases  in  which  you 


didn’t  need  f 


ivertlow  dnm.  What  a 


A.  In  the  case,  for  instance,  where  the  line 
would  not  bo  well  insulated,  especially  at  the  trans¬ 
mitting  end,  because  the  escape  through  the  poles 
of  the  line  would  net  as  what  is  called  there,  in  the  . 
drawing,  an  overllow  dam  ;  but  still  I  would  use  an-lstJ 
overflow  dam,  because  I  would  allow  myself  the 
use  of  that  magnet  marked  “electro  magnet”; 
that  quickens  the  discharge. 

Q.  You  were,  asked  this  morning  whether  the 
amount  of  power  in  the  receiving  instrument  was 
not  a  factor  in  the  question  of  transmission.  Now, 

I  ask  you,  it  in  the  judgment  you  gave  yesterday, 
as  to  the  practical  utility  of  the  plan  shown  in  Ex¬ 
hibit  V,  you  considered  and  included  tlio  power  of 
the  receiving  instrument ?  • 

A.  I  had  in  iny  mind,  also,  of  course,  the  inertia 
of  the  armature  in  the  polarized  relay;  but  it  is  ^  jgy 
so  small  that  it  can  be  practically  neglected,  as  1“ 
have  seen,  in. half  a  dozen  experiments.  It  will 
.  follow  the  automatic  receiving  as  fast  as  it  is  neces¬ 
sary  in  practice. 

Q.  You  stated  this  morning  that  the  improve¬ 
ment  on  the  apparatus  shown  in  Exhibit  Y  would 
be  titty  pur  cent.  I  understand  you  to  make  that 
estimate  on  the  apparatus  there  shown,  without 
any  addition  to  it— without  duplexing  it ;  is  that 
sol 

A.  Yes,  sir ;  without  duplexing. 

Q.  That  was  the  basis  of  that  estimate  1 

A.  Yes,  sir.  -188 

Q.  In  tlio  estimate  that  you  gave  yesterday  you 
treated  that  as  duplexed,  did  you  not? 

A.  When  Isaid  that  it  would  give  threejhundred 
per  cent,  more,  I  treated  that  as  if  I  had  duplexed 
what  is  there  oil  the  blackboard,  ns  if  I  had  made 
a  quadruples  of  it. 

Q.  You  were  asked  this  morning  something 
about  slowing  down  the  automatic  transmission 
when  you  were  sending  Morse,  on  one  side.  1  ask 


recon  mg  on  the  automatic  neuM~.il  receiver  at  v 

use  the  bug  trnp  ?  ’  *'  "ollI(1  ,lot 

a,Q>lj11^^1  "’0,dd  •'otHsetlieTmg^H^p.010’  °" 


lf  it  represents,  i 
using  the  appamt 
scribing  ? 

)0.  A-  Yo"  don’t  mi 
lnstrunients  ? 


“.rough  way,  the  motto"  of 
Hmt  I  liavo  just  been  de- 


tlio  Morse"  poLiyed°  “,lo"’n.  .on  OIll-‘  side 
S^oppt^Le^’of^;;. 

kir  ,  nisi  I  ne,,t,il1  receiver, 

mitter ?  A.  Yes  sir  0  ■'"toninlie neutral  trans- 

****££»£  and 'leell  olth'  T  ^ 

lonzed  receiver  ?  A.  Yes  sii  1  Mo,-so  P<J- 


n.  Court.- Each  is  connected  with  it,  own  side. 
Mr.  Winder.— Yes,  sir. 

electrica^conne'eijoi?.0  ’10t  *"*“  tl,ttt  dmw*«ff  as  an 

tolis  cSnalitonTr  things  -‘when  n?'"®’  "*  nW“rfl 
resli  or  business  on  tlm  ,,  I„Z/-  VVns  a«lvat 
-re  was  used  for  the  to  pmc- 


A.  I  meant  that  if  one  wire  could  bo  used  to 
transmit  the  automatic  reels  as  fast  as  possible,  one 
after  the  other,  the  other  wire  could  be  used  for  sig¬ 
nalling. 

The  Court.— For  the  convenience  of  the  operut-2192 
oral  A.  Yes,  sir. 

Q.  As  l  understand  you,  if  you  had  an  appara¬ 
tus,  such  ns  is  shown  in  Exhibit  V,  you  would  not 
need  that  additional  wire  for  the  purpose  of  signal- 


Q.  Your  general  opinion  is  then,  that  the  magnet 
shunt  called  O  would  not  bu  put  up,  if  it  hadn’t 
got  there  by  reason  of  your  drawing? 

A.  Do  you  mean  that  I  would  not  put  up  that 
magnet  shunt.  0193 

•  Q.  You  would  not  put  up  the  shunt  0,  at  the  re¬ 
ceiving  end  of  the  line,  if  it  had  not  got  in  there  ? 

A.  Yes,  sir;  1  would  put  it  in ;  it  is  in  the  other 
exhibit  P. 

Q.  You  would  put  in  at  the  receiving  end  an 
overflow  dam  ? 

A.  Yes,  sir ;  it  is  in  Exhibit  B. 

The  Wilnexx. — I  desire  to  correct  a  statement, 
which  I  think  had  escaped  during  the  cross-exami¬ 
nation,  when  Mr.  Dickerson  asked  me  to  put  a 
Morse  relay  in  a  bridge  wire  in  that  Exhibit  P,  and 
lie  asked  me  how  I  could  work  that  quadruplexed. 


I  don’t  know  what  answer  ] 
.  now  that  I, could  not  work 
even  with  Morse,  if  there  was 
with  that  relay. 

Q.  You  would  put  in  a  1 
from  reversals?  A.  Yes,  sir. 

Q.  If  you  were,  not  workinj 


ivcr  I  made,  but  I  answer" 
ork  it  qnadruplex  at  all, 
was  no  bug-trap  combined 


it  would  work  without  a  bug  trap  ?  A.  Aes,  sir. 


Josiah  0.  Rkipp, being  recalled  by  Mr.  Lowrey  foi 
oross-oxnminnlion,  testified  11s  foilows  : 

Q.  When  yon  wore  Inst  here,  you  spoke  of 
diming  the  patents  or  inventions  by  Edison  which 
wore  issued  to  himself  and  Harrington,  or  b  nnJ 
2193  otlio1  way,  came  to  belong  to  Harrington,  and  his 
associates,  or  the  Automatic  Company^  avexma 
brought  them  ?  1  -  Mil 

A.  I  have  here  some  thirty-live  or  thirty-six ;  all 
I  had  tune  to  go  carefully  over.  The.;  ,„a  •  ho 
sonmothu  I  presume  these  are  nfllcient  for  the 

tl"-‘  patents  for  inventions 
by  Edison,  which  belonged  either  „ 

StionSorntoKlIbn  i-°";  °''  tu  tl,u  A'^nwHo  Assc 
wliicli  In  Z1  ngton  ","1  ,lls  associates,  but 

marked  Defendant’s  Exhibit  32 'a)  ‘l"‘l  W,"CU  W"S 
ton  '  and"'  Edison'  m.  ZT  ""'“W  to 

gpssSss 

.mmm 

pany,  at  the  "me  vdt,  Tf f 'PU  0om- 

vorsation  with  Mr.  Orton  ?  5  *  ,lad  your  uo"- 

thb.gs^Ud  not  exisb*180"  gmit  m,,ny  °r  those 

tions  or  'Lmitfons'' ^wliich’0 were  m„  f  “"S  ttppli”a’ 
you  can  say  so.  We  want 


The  Court. — All,  with  the  exception  of  those  sal 
sequent!}'  invented  1  A.  Yes,  sir. 

Q.  Look  again  at  tlm I  list  and  say  whether  it 
not  a  full  and  true  list  of  all  the  p  dents  and  mm 
tions  or  applications  for  patents  which  were  sol 
bv  Mr.  Harrington,  on  the  Oth  of  April,  1b7o, 
Mr.  Gould,  or  which  were  supposed  to  have  be. 
sold  by  deed,  made  on  that  date.  1  don  t  nsU  }<• 

whether,  in  fact,  the  title  passed? 

A.  No,  sir;  this  list  was  intended  to  include  . 
the  patents  that  had  been  issued  to  Harring  < 
and  Edison,  except  those  particularly  involved 
the  duplex  and  quadruplex  cases. 

q  Those  went  by  another  deed  of  Januiu}  1st 

Q.'  This'  Tist  which  you  now  hold  in  your  In. 
was  intended  to  convey  all  the  patents  and  in 
tions  which  Harrington  had,  except  the  qundiupl 
and  duplex,  which  are  mentioned  in  the  (heel 
Harrington  of  .lamiary  1st ! 

\  It  was  intended  to  convey  those  that  had  b 
especially  associated  will,  the  opmat.m.s  of 

the  privilege  from  11.11 

‘"’Tv r iii.rn  not,  in  addition  to  tliese,  . 

tain  other ’inventions,  by  George  Little, vduch« 
nlso  conveyed  by  Mr.  Harrington, as  - 
the  Automatic  Telegraph  Company,  to  Mi.  Go. 
at  or  about  the  same  time  ? 

A.  Yes,  sir. 

Q.  What  were  they-you  may  refresh  you. 

. 

CO  ..posing  What  he  called  his  automatic  system 
O’  Those  wore  assigned,  as  1  mulei stand,  1.} 
insiriinient  wdiicli  h  hithis  book  shown  to ; 


in  fact,  made?  1 1080  conveyances  were, 

•  fttsasats***- 

ercd  i  1  "  l!l°-  m  fuel,  dolir- 

2201  n  n-°i  lll,v  °"'n  knowledge.  * 

«.«.  «'*«  

km  tic  mill  P„„  .  t  i  •v""rse|f  nnd  the  At- 

■ingloii  i  a.  No,  si"!0®”1!"  C""'i>i'n.v,  or  Mr.  liar- 

•>e  tiio  hill  Mie'easelr  pl,>er  'vlli,;l1  imi-ports  to 
Thomas  A.  Edison,  ph.infiST"!^0-  ,,'m:inSfo»  and 
nn<l  Paeilic  Tele-mn  fhe  Atlantic 

P«»  to  have  'i'imt  paper  a,,- 

2202  V  •vo">  »nd  afterwards  von/  ",Sli"":o’  •sw<"'n  f" 
been  erased,  and  it,  apnea,* t „  i®0  ,0 

hy  Ml-.  Edison.  *  M  h;,VU  **»»'  s"  "rn  r» 

whether  there  is  -in  •>  * *  l  1  wt  nnd  say 

knowledge  ?  a.  Yes  g^,on'of  sort  to  your ' 

iiXtspsr  °f  com,,,ai,,t  in  «»* 

A.  Itseems  to  W b^"*^  S'VO,',,  to  bJ'  .von  ? 

,,C,,,,eXP'nin'vhy  that  was  changed  1 
A  jr  .  0l>Je<:teiltO,,Sim,.'ateiinl;  admitted. 

2203,  q;  °r 

brought  by  the  Automatic  "St  to  be 

A.  No,  air-  it  u^'V"^  Jlis  "ssociates  i 
jLn"H*  in  the  name  of  l°  b,0*'ff"t,  orig- 


n.  -4  puiiiiH  «io  called  to  the  intention  of 

•  ho  is  o  iliMn,!  ',*«  i,,SiS'Wl  U1,0">  "m1  1  1  "•  ' 

l.?«  ..  1  •  ’ ,,n<1  t  lu  ,!OI,MfiL‘l  is  entitled  I 
•tttention  »o  spec i lira! I v  directed  to  each  inis- 

>T  statement  l'  1,01  b  '  f  '  !l  tl 
statements  ho  lms  limclo  on  this  trial. 

[Paper  wiis  marked  Exhibit  32.  | 

Q.  I  understood  you  to  say,  on  vonr  former  ox 

for  the  ‘\n  ,"!• •'"•"iinitie  and  hem-tine 
•to  A  Hunt  in  anil  Pacific  company,  an  alliance 

T  ,;a11  .venr  attention'  to  Ex . . 

,"S11,i,|lm:’  1""1  ask  to  refresh  yoar 
meat  tin..  ’  "?*  SM,V  ir  1,11,1  expresses  the  anaage- 
A  Yes,  V  •V°"  ?  [deferring  to  page  da] 

Q-  And  expresses  it  correctly  t 
Objected  to. 


wasCd-,1"edl|'.I,L“"  '.e,Ul  1,1  UVI<|e»ee  Exhibit,  32,  which 
«as  dated  December  30th.  I87d.] 

Mr.  Jjuiomi _ I 

as  read  witl.e.o  1  '"  Propose  to  have  considered 
which  is  m'  t  i  t-P!,,,,S  f°  ,oart  'hem,  the  list 

The  tnc1'  '  Exhibits,  at  ,  age  da 

animation,  swore  tl  !i  111  l,is  lasf  ex- 

ber,  he  negotiated  will!  r°"  r!'°  !I('Hl  ,,f  Wocon|- 
whicli  covered  tl.  ,Tay  Oonld,  a  transaction 

ntplex  patents  nidalT'n.0  !'"(1  tl,e ^ 
liis  sworn  statement  f, now  ,lro,,osa  to  *h,"v 


,  !„  evidence  the  let-  2210 

Mr.  Lowrey  read  m  eutw  10tll  . 

sasaaair-^ 

45.  • 

Telegraph  Company. 

Q.On«,e30tl,ofPec^t^jtS 

other  or  dilTerent  arangme.it  ^  thllt  which  is 

Company  or  with  *  •  d  exHil>it  32,  being  the 
Q.  Please  answu  1,11  1 ,  ti,e  privilege  to 

have  answered  it  you  cai 

t?L.Wi— *“r*" 

that  way.  rival  answer.  Did  J'ou 

<1  SS* 

a  n  «.  >  “I  *  > 

\  We  liadacconipanjing  «n  jV.  Yes,  sir.  c 

Q.  Not  expressed  '''1's  l  'a\n,r  not  expressed  in 

Q.  Had  you  any  « • ,  1  duplex  in- 
this  paper,  relating  to  quadmi 
volitions  1  A.  Yes,  sir.  ^  ulllim  that  the 

Q.  Pia  y°"  °!'  0"  inerasts  owned  the  cpmdruplex 

automatic  system 

and  duplex  1  , 

A.*  Did  wo  °hi'ja '  oinim  1  .  .  


«•  H  0  have  heard  Of  SO  Minin’  . . . 

tho  »» tonmtlo  system  1  '  f  "’,l0  ov 

f  oiled  by  nVinhS.M  l!‘:Vl‘,'Vs  "r  1 

eluded  wliiitp..,,,.  °!  ,,?0CIat«s»  a,l(l  Miat 

Q-  Did  or  uni  iiJ ”  .  LltHo  Patents, 
spoken  mvn  the  Edison *S0|!,!,l<18  °r  w,'oni  .von  In 
14  vent, ions i  according  |0  yoiir'i-hi^^  d,,,’lex 

Q-  And  Hnn-iS'td  “Wl  i'?soci,,les- 

automatic  system?  '  1  “!“’ul:m,es  owned  tl 
Q-  Tim?,  the  . mV  V'.0  “Plained  it. 
and  not  in  iinv . sense  i, v  i w  y  ,he  sa*»e  peoj 

W-  Do  you  now  nie-111  I,  *  , '' 

.^arsssT^s^r 

Q  Now  "n^uestio'iabIy. 

t]mt  company,  nm/as  lmldw  «!!’  •  "®  president  o 
aartam  inventions,  hHe  'v,th  KUson  tc 

onbed  in  those  deeds  o fieri? nT  lhe  p,,Uil,tsdes. 
c;in  yon  tell  us  why  „o  ref  1  '*  '",d  At)ril  Wh, 

luadrupJex  „„d  anW^^Tt  ^ 


rnnlex  and  duplex  lmd  been  convoyed  before,  or 
pretended  to  be  conveyed  before,  by  an  agreement 
dated  January  1st  ? 

V.  That  was  the  reason.  ,  ... 

Q.  Now  can  you  explain  why  tho  qnndn.plex 
and  duplex  were  left  from  January  1st  to  Ap.il  Oth  M10 
unpaid  fori  ‘ 

A.  1- don’t  know  exactly  what  you  mean. 

Q.  Did  Harrington  and  associates  recenc  nnj- 
tliing  for  the  duplex  and  (puidruplex,  except  this 

A  They  have  not  received  the  stock.  _  ; 

Q.  Precisely.  Did  anyliody  have  permission  t 
give  them  any  tiling  except,  that  stock? 

A.  For  the  quadruplex? 

Q.  The  quadruplex  and  tins  duplex  ! 

Q.'  Theiithe  quadruplex  and  duplex  were  thrown 

in  with  the  other  things  ;  the  other  things  haungoopr 

bought  four  millions  of  the  stock? 

A  You  can  please  yourself  as  to  the  mode  of  ex- 
pression. 

Mr.  Loiorey. — 1  shall  not  pursue  this  further, 
because  tho  only  fiiir  purpose  is  togc :  the ^stat^ 
ments  on  the  record,  and  weshall.commi 

Q  Did '  voTlumw"  that  Harrington  got  So,000 
from  Gould  in  January,  in  money? 

Q.  Was  that  for  Harrington  and  associates  ? 

A.  Not  iu  the  strict  sense.  .  2218 

A.  That  was  to  Harrington  as  one  of  them. 

Q.  On  what  account  was  that  paid  < 

oil  account  of  the  four  mil¬ 
lions  of  stock  ? 

Q.  It  was  paid  on  account  of  that  1 

A.  Yes,  sir. 


Q.  How  much  of  tlmt  stock  did  it  release  wlion 
it  was  pti id  1 

A.  If  it  hud  boon  settled  in  stock,  it  would  have 
released— 

Q.  Ypn  knowhow  nmch.it did  release 2 

A.  It  didn’t  necessarily  release  anything1. 

21 9  Q.  But  Harrington  and  associates  got  the  §5,000, 
and  all  the  stock  besides! 

A.  No,  I  should  say  not. 

Q.  ITowjmich  then  did  it  release  2 

A.  Well,  it  would  have  released  its  proper  pro¬ 
portion  ;  §25  a  share  was  the  price  that  was  used 
by  us  for  our  own  purpose  of  calculation. 

Q.  As  between  yourselves? 

A.  As  between  ourselves,  yes,  sir. 

Q.  Bo  you  know  whether  this  did  release  stock 
to  that  amount  at  §25  a  share  2 

A.  I  don’t  know. 

220  ™'e»  ‘I'd  J'011  first  learn  of  that  payment  2 

A.  The  money  may  have  all  been  used  for  ex¬ 
penses. 

Q.  When  did  you  first  learn  of  that  payment  2 

A.  I  knew  itat  the  time  ;  if  tile  Court  will  permit 
me,  I  will  explain  that  transaction  right  now. 

Q.  It  will  be  for  counsel  on  the  other  side  to  call 
lor  an  explanation,  or  for  you  to  appeal  to  tho 
Court  if  you  think  you  are  unfairly  dealt  with  2 

The  Court.— \  will  allow  the  counsel  to  go 
n rough  with  Ins  cross-examination,  and  reserve  for 
you  the  right  to  give  any  explanation  you  desire 

221  *lereafter. 

Q.  When  you  negotiated  with  Gould,  you  in- 
loi  med  us  that  you  told  him  all  of  the  circumstances 
between  Mr.  Edison  and  the  -Western  Union  Tele- 
1  ln'(-'sun"!  y°«  concealed  nothing 
fiom  Gould  that  ints  known  to  yon-not  purpose- 
2  ‘  „• 7  I“,dn  fc.say  1  explained  all ;  Isaid  I  made 
general  explanations. 

Qj  teU  hin'  «mt  Edison  had  been  at 

«  oik  for  the  Western  Union  Telegraph  Company  2 


A.  I  distinctly  stated  toryou  last  Friday,  Mmt  t 

“q 'l  did  not  remember  it.  What  did  you  tell  him 

1  !.i“  U  -»,«—•  «2'“  ”*  quustion 
A  If  you  will  read  my  nns^ei  to  ><>  q 

1  !»VtV»uCrtlmt Cable ,  what  did  you 9S> 

eU  him  when  you  mnde  general  explanations  . 

i:  r„,a 

iiatents  and  inventions,  «m.  heu  Jr  woru 

l  told  him  who  owned  them  and  J™  >„  ^ 
owned  ;  l»y  Harrington  an  l  •  |md  duplex 

cussing  the  matter  of  the  ‘P  * 1  ^  tho  West- 
I  simply  told  him  that  tho  control  and 

q!  WasTtsaid'bet, ween  you  either  one  tlmt  they 

claimed  to  own  these  inventions? 

A.  Probably  so.  conversu- 

Q.  Bid  you  repeat  to  Mi.  WW  J 
lion  with  Mr.  Orton  m  .Tune,  1874? 

A.  I  don’t  remember.  •  wlien  you 

Q.  Now,  fell  me  precisely,  «  J "  .  ’  verSntioii 

and  Mr.  Harrington  lint  ta«U ; u.,aruplex  and 
with  Mr.  Edison  to  u  t.  tie  to  hi>  q»-> 
duplex  inventions?  discussed  with  us  in 

A.  The  question  was  ae  ,  everything 

^‘Ssrfi.Sd'irader  the  contractor  Oc,o-‘- 

her  1,  1870,  .  .  Vn,  .... 

Q.  Of  every  sort  t-  A.  •  s0(m  „s  you 

^jssssijjzrs# 

A.  Yes,  sir.  •  ot  ti,0se  inventions? 

A  They'lb**  assumed  importance  in  the  faU  of 


Q.  IIow  soon  after  Hint  did  you  claim  Hiem  ? 

A.  T  claimed  them  long  before  lliat,  certainly— 
Q.  You  didn't,  claim  until  tl.oy  were  spoken  of? 
A.  llioy  luid  been  spoken  of  before  Hint 
Q  Prom  Hint  time  on  yon  never  lmd  any  doubt 
m,imt  jour  ownership  of  them  ? 

-~-f>  A.  Not  the  slightest. 

Q.  Had  Mr.  Harrington-did  yon  ever  lieur? 

A.  Never,  Hie  slightest. 

Q-  »  I  \s  1  i  1H  ci  I  Idly  or  Edison? 

A.  T  don  t  know  ;  I  was  not  present  at  all  their 
conversations. 

"••-“le  ])reseiit  and  that  was  the  sub- 
ject  of  the  conversation  '( 

with’  this  m'!l h'e  w’f  "V  l!f!"wfcn  in col,,|eclioii 

self  ‘  4  i  weie  held  between  Kclison  and  my- 

Q.  Do  you  know  wiielher  or  not  Mr.  IfnrmiiOon 
--  - ®  venVloiis  tu,y  >'»  1'is  mind,  these  in¬ 
serted?  ’  *  lf  S°  "’hen  Ilis  cluin,  ,V1IS  «ist  as- 

ehl^itr1,  T0ke.°.n  tl,e  lie  cerlainlv 

u.inied  l  liein  most  positively. 

Afr^'fhc'^  e'1'1’  ,m,ko  Hint  claim  before  vou  saw 
Mr.  Orton,  m  Jime,  1874  ? 

A.  Certainly. 

rweeii'youT,tfel  °,,e  f,e(l,,enH-v  spoken  or  he- 
A.  No,  sir;  simply  because  at  that  time  we  ..on 
sidered  the  quadruples  and  duplex  as  of  incidental 

2227  Q.  in  fact  we  did 
value  of  any  sort  ? 

£r ,r i  'sr;  a rsizt 

wldeh'tlln  av°  ? OUITk,10'v  "•’out  the  appreciation 

cowT'11'1  jS  1,11  you  kne"'  Oien  about  it  lam 
g  ig  to  ask  you  to  identify  some  papers  which  1 


it  regard  them  of  very  much 


suppose  to  be  in  your  handwriting,  and  T  an.  going 
to  hand  them  to  you  and  receive  them  hack  and 
ask  you  to  identify  your  handwriting,  without  stop¬ 
ping  to  verify  the  instrument  by  your  signature  or 
otherwise.  It  you  can  do  so  say  so,  and  if  you 
•  cannot  identify  anything  as  your  handwriting  sa>  ^ 

(Mr.  Dickerson  handed  a  paper  to  the  wit¬ 
ness.) 

A.  That  letter  is  mine. 

Q.  I  hand  you  another  paper.  Is  that  yours  ( 

A.  Yas,  sir. 

Q.  I  hand  you  another  paper. 

A.  I  prefer  seeing  these  papers  before  I  identity 
them. 

Q.  Do  you  identify  that  or  not  ! 

A.  I  prefer  examining  it  before  I  answer. 

The  Court. — It  the  witness  cannot  identify  it,  lie  jj-jJ 

A.  I  identify  that  portion  of  it- 
Q.  What  you  see  is  your  handwriting  t 
A.  Yes,  sir. 

(The  whole  paper  was  not  shown  the  wit- 

Q.  There  is  another  paper ;  is  that  your  signa¬ 
ture?  A.  Yes,  sir.  . 

Q.  And  the  whole  of  it  is  your  handwriting ! 

Q.  There  is  another  paper ;  is  that  your  writing  ?  2230 
A.  That  portion  of  it ;  yes,  sir. 

Q.  There  is  another  paper? 

A.  That  portion  of  it ;  yes,  sir. 

Q.  There  is  another  paper  ? 

A.  Tha  t  is  mine. 

Q.  Iiero  is  another? 

A.  I  don’t  identify  it  in  that  way  ? 

Q.  I  will  show  it  to  you,  all? 

•  •  A.  1  don’t  identify  that. 


Q.  Is  that  your  handwriting  or  not? 

A.  I  don’t  know. 

Q.  Then  you  may  rend  it '< 

A.  [After  reading];  I  remember  some  eiretun 
stances  about  that  paper. 

()0,,  Q.  Did  you  write  it? 

—  A.  I  won’t, bo  positive  ;  possibly  I  did. 

that  you  want"'10  ""  °Xpl,"m,ion  ,,bout  rl.at 
Q.‘l  ask  yon  whether  yon  wrote  it  I 

A.  Well,  probably  I  did. 

-'i,  - 

A.  No  ;  I  don’t  know  that  I  did  ;  no,  sir 
Q.  But  probably  you  did »  A.  Yes,  sir. 

Q.  hat  is  your  best  belief  about,  it  ? 
2:,2Ican«iveMlCti!,lyir<,i,l;  rhi,t  is  «»  Hoilef 
about  that'paper.  '  ““  "‘'h“S  tobc(l'  1  1 

Q-  Look  at  this  paper? 

A-  T  think  that  is  mine ;  yes,  sir. 
vj.  Is  tlmt  yours  > 

A-  Yes,  sir;  that  is  mine. 

sigLirS  A.  Yes,  ST'  “  ** is  •V°"1' 

Q  2ok  afr'!,i’,,UlW,'i'i,,«i  A-  No,  Sir. 
signature  (  ' v. Y^T'  ""<l  Wjr  ,f  ,hi,t  is  .'our 
33  !\  V  ho  "iote  the  body  of  those  two  hist  miners  i 

n  ww  e,ary  1  lmtl  !,t  time.  11 

7  bnt  was  his  name  I 

A.  Jfis  name  was  Viz  or  Vis. 
you  nvo  thcre  0wt 

Mr.  Lmorey — Nine. 

[The  papers  were  marked  for  identification.] 


fnwrcv  —I  now  propose  to  read  the  paper 

,  »  t  nbicct  to  the  reading  of  the  paper 

are  not  evidence  in  the  case. 

The  Court.- In  what  view  is  the  paper  offered  1 

.  Mr.  Orton  and 

jrrw^i«S55S' 

conversation  wirli  Mr.  Oiton. 

m.  /«.-«■  “ritssr" 

witness  ;  it,  is  a  l,l‘,u'  to  nie— to 

the  witness  lias  avow  ed  ns  existing 
ime ;  and  taken  with  other  evidence  w inch  e  sna  , 
adduce,  is  calculated,  we  tlunk  success  u  toin 

.  peach  this  witness  as  to  tween 

hi^wll'nnd  Mr.Oi'toii. 


I11HIIMIHC0  in  the  presence  0f 

''taj  nileiTunv  which  flu*  1 

&£ftjrzvS5- 

SmS  M  »  n  !  " 

1  sss  t  ,  1  1  S  s  fl  "  11  111  fl  r 

-on.v  to  Iny  .nC  ^-.inonf'y  pro,lul.  t,s(, 

TJte  Court:  '  Jf  it  ... 

s  statements  he  h-is  i . r.  -  ,  '"•wnto  with  the 

Eposes,  niitl  intents  wli,.n.  /  ',jfelL*I,,;u  to  his  pup- 

-  •"».«  -to,;  ?^!s.£i“j^-,ner-  ia“~* 

Paper  contains  -  If  tlie 

P>'ses  and  intentions  of  h  v"  .,fg"ld  to  tlmpnr- 

to  a  negotiation  witli  Are  n  ,  ltness*  1,1  reference 
testified,  which  „m  (  ifr  ,0  'vhic1'  he  has 

made  by  him  on  ft  h !' {r0m  t,le  statements 
. . tier ,Th«  h  in  ref<~  to  the 

•-  admissible  lu^SZ^  '  "m1 

3lr-  Russell ;  This  oflW  i„  1 
<>»s  assumption  of  the  w-ii  )lls<‘<1  "P,,n  an  errone- 
•  It.  is  snpp  L  li  em'->'h--  tllu  »it- 
,l"  «■  made  S  5h  o ‘T"  ,,a‘1  "«  «-» 

mmlt  evidence  was  riven  , 1?/°"  f,°  P"rel«,se.  No 
«'»  witness  wa  s|  ,?  ,he  contrery  when 

Orton  was,  he  said  “To'  •  W  P,,rPose  of  Air. 
"vine  In’s  purpose. *  "  nm,>  f°r  me  to 


mt  tlie  pan  0f  ',,,1  Lit!?'"1  is  ,,,is'«ken 
nation  relates  "Pony  to  which 


The  Court :  I  am  disposed  to  take  tho  paper. 

[Exception  taken  by  Air.  Wheeler]. 

[The  paper  was  marked  defendant’s 
Exhibit  83J. 

Jiu tier  :  I  move  that  tlie  paper  be  rejected. 

The  Court :  It  will  be  rejected  if  the  counsel  fail 
to  connect  it. 

Q.  hid  you  receive  that  anonymous  letter  ,  en¬ 
closed  lo  you  with  a  letter  from  Air.  Orton  ! 

A.  Yes,  sir. 

Q.  After  you  had  sent  it  to  him,  you  received  u 
back  again '!  A.  Yes,  sir, 

Q.  And  did  you  write,  or  cause  to  be  written  t< 
him  on  the  same  day,  this  reply,  which  I  now  hunt 

A.  Yes,  sir. 

[The  paper  was  dated  July  24th,  1874 
read  in  evidence,  and  marked  defend 
ant’s  Exhibit  83  A]. 


uross-cm  m  million  of  Mr.  lieiff  'continual,  bo  j 
Loiorcy : 

Q.  When  \vu  closed  yesterday,  I  wns  spealci 
about  a  letter  oIMr.  Orton’s,  in  which  heonclos 
jto  yon  the  paper  that  was  marked  yesterday  I 
1)8.  Just  look  at  this  paper  now  shown  you'  ] 
yon  recognize  it  ns  a  copy  of  Mr.  Orton’s  letter, , 
closing  to  you  the  paper  marked  Ex.  3!)  ? 

A.  That  is  probably  the  letter ;  I  have  not  look 
for  the  origina! ;  that  is  about  the  purport  of  it. 
Q.  You'  think  this  probably  was  the  letter  f 
A.  Yes,  sir. 

(Heads  letter  marked  Ex.  83  B.) 

Q.  It  was  in  answer  to  the  letter  just  raid,  as 
understand  you,  that  you  addressed  to  Mr.  Orb 
on  the  same  day  the  letter  which  was  read  to  v< 
yesterday?  A.  Yes,  sir. 

Q.  Subsequently  did  Mr.  Orton  request,  your  t 
turn  of  the  letter  marked .  Ex.  33,  and  was  ir  r 

turned  to  him  in  the  letter  which  I  now  hand  yoi 
O  1  did  "Horn  it 

Q.  You  think  it  likely  you  did  ?  A.  Yes,  sir. 

Reads  in  evidence  letter  dated  Align 
1st,  1874,  from  Mr.  Reilf  to  Mr.  Ortoi 
marked  Ex.  No.  33c. 

1,  S;  fW,len  y°n  lllL‘t  Mr.  Orton  in  June,  1S74,  didn 

~ff =*"-*-*-* 

«k.  i”,**"  ■"  "" 

A.  Probably  he  made  some  reference  to  that 
A.  Yes  ,eC°  eut  fcli,lt  ho  did,  don’t  you  ? 


Q.  You  knew  that  there  was  such  a  person,  a 

friend  of  Mr.  Harrington?  „  ,  . . 

A.  I  know  there  was  a  man  who  called  himself 

bv  that  name.  ,  ,  , 

‘q.  Bo  you  happen  to  know  whether  ho  1ms  since 

died  ?  A.  I  do  not. 

Q.  Bid  Mr.  Orton  refer  to  him  ns  being  the  per-  2348 
sou  or  one  of  the  persons  who  approached  linn 
claiming  to  have  authority  to  act  for  the  sale  of  the 
automatic  interests?  A.  Yes. 

Q.  Bidn’t  ho  inform  you,  in  tli  t  e  t  on  tl  t 
Mr.  Bnvidge  presented  a  letter  of  authority,  which 
purported  to  be  an  authority  from  Mr.  Harrington  ; 
mul  didn’t  he  say  that  one  of  the  objects  otta. 
visit  was  to  llnd  out  whether  he  really  had  autlioi- 

ity  or  not?  A.  I  don’t  remember  that. 

Q.  Bo  you  remember  any  part  of  it,  if  not  the 
whole  of  it  ?  . .  , 

A.  I  don’t  remomber  anything  of  that  kina. 

Q.  You  don’t  remember  his  saying  that  Mi.  — 
Davidgo  presented  a  letter  to  liim  of  authority  1 

Q.  BidiTtiie  say  to  you  that  Mr.  Bayidge  had 
professed  to  liim  to  have  authority  and  laid  made 
some  advances  to  him  for  the  sale  of  these  interests  ? 

A.  I  don’t  think  he  told  me  that  Mr.  Bavidge 
had  seen  him  at  all. 

Q.  Bid  lie  toll  you  that  Mr.  Bavidge  luul  seen 
uuv  of  the  directors  or  persons  interested  in  the 
Western  Union  Telegraph  Company  ? 

A.  Ho  told  me  there  was  a  man  by  that  _immo 
who  was  interfering  with  his  directors,  and  tha  2250 
wanted  the  thing  stopped. 

Q.  Wlmt  did  you  understand  that  to  refer  to,  to 
n  sale  of  the  automatic  interests  ? 

A.  He  didn’t  say  what  Mr.  Bnvidge  had  com¬ 
municated  to  him.  t 

Q.  What  did  you  understand  Mr.  Orton  to  meat 
by  that  general  phrase  of  interfering  with  lus  duec- 

°A.  He  thought  that  if  there  was  any  negotiation 


concerning  anything  m  connection  with  the  \\ 
cm  Union  Telegraph  Company,  tlmt  lie  was  tin 
flint  should  have  to  do  with  it,  and  the  one  ti 
seen. 

Q.  Didn’t  lie  ask  yon  whether  Mr.  Davidge 
.authority  to  deal  with  him,  and  was  not  his°ol 
to  find  out  who  was  the  proper  person  to  aegot 
with  in  regard  to  the  matter  1 
A.  I  have  already  told  you  that  I  do  not  rem 
her  ot  his  making  any  such  remark  in  re-dm 
Mr.  Davidge. 

Q.  Didn’t  he  make  some  such  inquiry  ns  tlinl 
A.  I  referred  the  other  day  to  what  the  assei 
object  or  his  inquiry  seemed  to  he. 

Q.  Aon  didn’t  refer  to  any  asserted  object, 
you  said  you  got  an  impression;  you  distim 
stmed  that  Mr.  Orton  did  not  say  anything  or  f 

A.  I  distinctly  said  that  liu  did. 

Q.  Look  at  the  paper  which  is  now  handed  i 
and  say  whether  the  body  or  the  signature  of  i 
IS  in  the  handwriting  of  Mr.  Harrington  ? 

A.  The  signature  is  ;  yes,  sir. 

A  YeT  Sr"  thUHi""Iltllreof  Mr-  Harringtoi 
Q.  You  have  seen  him  write  t  A.  Yes. 

Q.  You  have  no  doubt  that  that  is  his  signatii 
A.  fio,  sir;  that  is  his  signature. 

A  Look  at.  the  paper  now  shown  you  and  f 
whetlier  the  body  or  signature  is  in  bis  imndwriti, 
w(hi„g|U  is  in  Mr-  Warrington’s  l.a, 

Q.  Both  the  body  and  signature,  or  only  one  ? 

A.  the  body  and  signature  Iioth. 

ten-iew"? -H°  Ark'o"’’  tho  "''Me  you  had  that 
ttmui  with  Mr.  Orton,  that  the  two  letters  I  la, 
shown  you  had  been  written  by  Mr.  Harrington  ' 
A.  Let  me  see  them  and  1  will  answer  the  on, 
*"  witn«*  I  f  knew  the 


O  Tlmt  is  your  construction,  I  suppose.  In 
Tune  1874,  when  you  lmd  the  interview  with  Mr. 
Orton,  you  did  know  tlmt  these  letters  had  been 

written  by  Mr.  Harrington  to  Mr.  Davidge,  did 

>0A?I  knew  it  at  that  time,  but  I  didn’t  have 
thorn  in  my  mind  on  tlmt  occasion.  2 

Q.  You  happened  to  have  forgotten  them  on  tlw  t 
occasion  l  A.  Yes. 

Q.  But  among  the  stores  of  your  memory  i 
this  item  tlmt  the  letters  had  been  written  1 

\  I  told  you  tlmt  I  knew  they  had  been  written 
at  the  time  they  hear  date ;  they  were  written  foi  a 

SPa  Tim"  pm-poso  is  expressed  in  the  letters, 
isn’t  it  1 

Q.‘  Werertioy  delivered  to  Mr.  Davidge  for  tlmt 
Xmrposo  ? 

q!  iSyonX'hear  Mr.  Harrington  say  that  lie 
lmd  written  letters  to  Mr.  Davidge  1 

Q  K"  know  that  Mr.  Davidge  had  un- 

darken  -W»inneSotii.tio^a«  »ma t- 

ic  system  °deill  „f  conversmtior 

with  various  people-floating  conversation  abou 
tlie  time  tlmt  these  letters  were  wnttui . 

became  of  them,  snbsi 

qUQUDo  you  know  whether  Mr.  Davidge  lmd  cor 
ferences  'with  any  persons  * 

writing  of  these  ,‘s“e.1'"’  "‘‘Vestern  Union  Teh 
otherwise,  interested  m  tiro  "  esce 
graxrli  Company  1  ,  .,  ve, 

A.  Ido  not;  Mr.  Davidge  seems  to  be 
mysterious  individual. 

Q.  You  don’t  know  tlmt?  A,  “°,s-  t] 

Q.  Do  you  know  whether  lie  lmd  prior  to 


A.  I  do  not ;  not  to  my  own  knowledge. 

Q.  Wasn’t  it  so  understood  among  those  interest¬ 
ed  with  Harrington  and  his  associates  1 

A.  No, sir;  I  have  heard  Mr.  Bavidge  say  that  he 
had  been  to  see  a  friend  of  his,  but  he  never  said 
who  liis  friend  was. 

5‘1  Q.  Didn't  you  understand  that  ho  lmd  been  to 
see  his  friend  under  the  authority  of  these  letters  i 

A.  In  accordance  with  these  letters  ;  yes. 

Q.  When  Mr.  Orton  said  somebody  was  inter¬ 
fering  with  his  directors,  didn't  you  correct  that 
circumstance  with  Mr.  Bavidge  and  those  letters? 

A.  Not  necessarily. 

Q.  Bid  you  in  fact? 

A.  No,  sir ;  lie  simply  told  mo  that  Mr.  Bavidgo 
had  been  interfering  with  his  directors  ;  if  Mr. 
Bavidgo  interfered  with  the  directors  on  his  own 
responsibility,  I  was  not  to  be  held  responsible  for 
his  acts. 

Q-  Did  you  tell  Mr.  Orton  then  that  Mr.  Dnvidge’s 
authority  had  expired,  and  that  these  letters,  as 
authority,  had  ceased  to  have  any  force?  A.  Yes. 

Q.  You  told  him  that  ?  A.  Yes. 

■lie-direct  by  Mr.  Russell: 

Q.  You  were  asked  to  produce  the  patents 
issued  to  Harrington  and  Edison.  Haro  you  made 
a  schedule  of  those  patents? 

A.  \cs :  It  may  not  be  entirely  complete. 

1  "I  "elu  !lslt,id  011  your  cross-examination 

r.fi.y  J.'':  L“'vle.v,  whether  there  was  one  patent 

-0  issued  to  Edison  and  Harrington,  which  did  not 
Have  special  reference  to  automatic  telegraphy, 
and  you  answered,  “Oh,  yes,  seven,  1,”  and  said 
3  cm  would  produce  them.  Look  at  those  patents, 
[Handing  witness  schedule],  and  say  whether  those 
pal  ea  ts  are  the  same  to  which  you  referred  in  an¬ 
swer  to  Mr.  Lowrey’s  question  ? 

A.  Yes,  sir;  some  of  them. 

[Schedule  marked  Exhibit  Y], 


Mr.  Russell:  If  your  Honor  please,  I ■  '  ill  cal 
ronr  attention  to  these  patents:  1 h« >  >s  * 

1,11  tent  issued  to  Harrington  and  Edison,  d  ted  , 
March  iflth,  1872,  number  124,800,  and  is  entitled,  x 
“A11  improvement  in  telegraphic  recording  instru¬ 
ments.”  •  221 

bother  is  a  patent  dated  February  10, 1874,  ap- 

.Inly  »,  .TO  “ft •“ - 

meat  in  electric  telegraphs,  number  147,311. 

Another  is  patent,  No.  134,808,  dated  January  ^ 
14*  1873,  entitled  “An  improvement  111  electro¬ 
magnetic  adjustment.” 

Another  is  patent,  No.  147,777,  dated  August  12, 
1673,  entitled  “Improvement  in  relay  ma^ueis. 

Another  is  patent  No.  100,40  nd  ent  tied 
“  Improvement  in  adjustable  electro-, nagnets  foi 

*ssr&* 

iZ  ;:'«™  v»»  -»  »• 

“in  town  vou  gave  as  a  reason  for  not  meet¬ 
ing  favorably,  his  proposition 
“  that  you  were  thenei®  1  m  ;ainol,U 

“  other  persons  with  w  I10111  >  01 

"'"VlmS”',".  X oL vd 

“  made  very  greatimpim  uuciirs  ^  theu 

ents;  yes,  sir.  1  xtr  Edison’s  disposal 

graph  Company.  I  "'“nt  y°u  10  b 


this  a  patent  for  the  invention  you  referred  to? 
[Handing  witness  paper.] 

A.  This  is  one  of  n  series ;  thnt  was  issued  at  a 
late  dato. 

Q.  What  is  the  number  of  it? 

A.  180,(548. 

2270  Q.  You  have  spoken  of  having  obtained  from 
Harrington,  authority  to  have  a  release  drawn  of 
his  title  under  this  invention.  When  did  you  ob¬ 
tain  that? 

A.  I  think  it  was  in  the  fall  of  1874. 

Q.  Was  it  before  or  after  the  formation  of  the 
Automatic  Telegraph  Company  ?  A.  After. 

Q.  Did  Mr.  Edison  exhibit  the  invention  to  your 
company '( 

A.  Yes,  sir;  he  exhibited  it  before  the  company 
was  formed. 

Q.  Yon  have  spoken  about  Mr.  Edison  having 

227 1  left  the  shop  of  Harrington  &  Edison  at  Newark. 
What  was  the  date  of  his  leaving? 

A.  I  think  it  was  October  1871— about  that  time.' 

Q.  If  you  made  any  payments  to  Mr.  Edison 
during  the  year  following  his  leaving  the  shop,  as 
you  mentioned,  state  what  those  payments  were, 
when  they  were  made,  and  what  for, — I  mean  im¬ 
mediately  following  his  leaving  the  shop? 

A.  In  February,  1872,  Mr.  Edison  came  to  me  and 
said  that  he  needed  some  money  very  much — about 
83,000,  in  connection  with  some  horse-railroad  out 
in  Michigan,  and  asked  me  to  raise  it  for  him  ;  and 
after  consulting  Mr.  Harrington.  I  gave  him  §3,100 

J27<Snnd  charged  it,  lo  his  general  account;  and  there¬ 
after,  I  think  it  was  during'  the  months  of  March 
April  and  May,  and  June,  and,  I  think,  every 
month  of  that  year,  except,  possibly,  November,  I 
made  payments  to  him  varying  from  inonthlv  to 
rycekly,  sometimes  some  weekly  pnyments  either 
for  his  personal  account  or  for  experimental  uses  or 
m  his  street  railroad  matter. 

Q.  For  what  business  was  the  shop  established 
by  Edison  and  Harrington,  for  what  manufacture  ? 


A  It  was  supposed  that  Little’s  automat  c  sys 

.  .  ,  would  be  very  soon  and  very  generally  put  m 
a  I  that  they  would  be  needed  for  equipping 
Ibles  thraSout  the  country,  and  a  great  deal  of 

work  that  was  done  tliote  was  an  ui 

tal  character.  .|,e  value  of  that  ma-. 

son — about  w hut  < 

A.  A  very  small  workshop  there  ?  ) 

Q.  Had  Edison  more  than  one 

A.  Yes. 

the  purpose  of— 

Objected  to. 

tlielHirringtonanaEdtsons  ioi  ^  Mr>  Edison, 

A.  It  has  been  ltnallj  tnu  .  (im0  t0  time 

and  used  at  Menlo  l«rv  f  to  his  own 
before  that,  portions  vein  fan 

shop  as  lie  desired.  that  shop— the 

q.  Why  did  Mr.  Edison  leave 
Railroad  avenue  shop  ? 

Objected  to;  excluded. 

•„  ,  mv  Edison’s  action  when 

Automatic  shop  i 

Objected  to. 

The  Court. 


r 


A.  Ho  continued  his  experiments  at  the  Railroad 
Avonuo  sliop  without  interruption.  In  the  fall  of 

1872,  about  October,  I  think,  utter  I  had  la . . 

very  much  dissatisfied  with  Mr.  Little,  lie  not  hav¬ 
ing  accomplished  anything,  Edison  came  and  saw 
me  and  I  told  him. 

■7C  The  Cowl— Never  mind  any  conversation  be- 
tween  yon  andMr.  Edison  ;  state  what  Mr.  Edison 
aid  after  that  conversation? 

A.  He  came  to  Now  York,  and  cl  U  ,.e. 
commenced  ins  experiments  upon  the  line,  and'pro- 
.  (laced  results  that  Mr.  Little  had  failed  to  produce 
and  continued'  to  develop  then,  until  we  commenced 
oi  ti  11s  oa  Hie  regular  business  of  the  line,  and 
n1  f'JI  "nt1or  tho  ">sl  fuel  ions  of  Mr.  Edison 
J*  "  1,1  >'°"  P>«*»  look  at  this  paper  (handing 
‘  1  1  Is  "';lt  H'o  mortgage  of  Mr.  Un- 

gei,  that  yon  spoke  of  i  A.  That  is  l.is  bond. 

'7in  tb,f 0  y°':'  1:n0'y;vlu' 1,aid  themoneysmenfioned 
these  receipts,  “  Received  .inly  27, 1871,  account 

jLv  V’ito^-o1',-8  '•0,Kl  “  Received 

v  f’l  f'.;  lo1'  "derest  to  date.”  “Re- 

tlds  ifoiSSu”'1’  BCC0,,nt  01  11,0  pri,,dl,il1  of 

pat  bt'-riroaghme  ®W°°  ^  c,thw 
(Road  offered  in  evidence.) 

hy  Mr.  Edison  in 

notes  li  Inch  lie  took  up  i 

tht  tlmt"k  h°  '"ily  hove  paid  82,000  ;  not  more 
8  lly  Mr.  Hu tier. 

s>*>  "< 

9‘  .V'!*  ^  011  8xed  that  about.  June  10th  ? 

Q  Bo^voaV0!!1  fbi°Ut';  tllul'o  wore  two! 

A.  KoUhatTmmt^y,,,,}',numoramlum? 


Q.  Then  you  received  a  letter  fixing  an  interview 
vithyon?  A.  Yes. 

Q.  Was  that  interview  sought  by  you,  or  at  the 
•equestof  Mr.  Orton? 

Objected  to  on  the  ground  that  it  is  re¬ 
opening  the  examination  in  regard  to  a  , 
matter  Hint  has  already  been  gone  over  j  “ 
admitted. 

Q.  Please  tell  me  whether  this  interview  at  first 
was  sought  by  you  or  only  by  Mr.  Orton? 

A.  It  was  sought  by  me ;  I  received  a  note  from 

Mr.  Barney,  stating  that - 

Mr.  Lotorey:  Please  don’t  state  the  contents  of 
that  note. 

Q.  In  consequence  of  what  was  contained  in  the 
note  of  Mr.  Barney  you  met  Air.  Orton  at  his  office  ? 

A.  I  declined  to  go  to  Mr.  Orton’s  office  ;  but  1 
agreed  to  Air.  Barney’s  office. 

Q.  You  stated,  in  answer  to  a  question  put  on 
your  cross-examination,  page  440,  as  if  it  was  the 
last  thing  that  was  said,  “He  desired  to  know  of  me 
what  would  induce  me  to  have  Mr.  Harrington  and 
myself  sell  a  part  or  all  of  Edison’s  inventions. 
Was  that  the  last  request  ho  made  of  yon  ? 

A.  That  was  the  most  important  request  that, 
was  made  at  the  second  interview. 

Q.  From  that  time,  did  you  have  any  communi¬ 
cation  with  him,  either  orally  nr  in  writing,  until 
this  anonymous  letter  of  .1  illy  24tli  ? 

A.  I  think  not.  .  , 

Q  You  say  you  told  him  at  that  interview  there 
were  certain  moral  considerations  or  engagements 
on  your  part,  and  that  you  must,  in  consequence 
decline  to  have  anything  to  do  with  a  negotiation 
with  him.  Will  you  state  what  those  were,  and 
whether  they  terminated  between  that  time  and 

Ju.!l  ‘There  was  then  pending  a  negotiation  which 


M 


70S' 

Q.  By  “  you  moan  Juno  lfltli  ? 

A.  Yes,  to  cnlinmate  in  tlie  organization  of  a 
•  now  telegraph  company  to  inclmlo  certain  rolathms 
with  railroads  which  it  was  expected  would  very 
soon  thereafter  terminate,  and  as  that  was  a  very 
desirable  conclusion,  I  didn’t  wish  to  have  it  inter- 
2282fored  with. 

Q.  Before  your  anonymous  letter  of  July2-lt.li, 
had  that- arrangement  fallen  through  or  come  to  nil 


id? 


;  that  I  had 


A.  It  had  not  come  to 
hoped. 

j  Q.  Will  you  state  to  the  Court  wlint  was  the  ob- 
'  jeet  of  this  letter  of  July  2-t.tli  ? 

A.  I  want  to  explain  that  very  silly  act.  The  con¬ 
duct  of  one  or  two  of  the  parties  connected  with  me 
had  very  much  displeased  me,  and  the  conclusion 
of  these  negotiations  was  not  such  ns  I  hud  expcct- 
,„ed  and  as  I  had  hoped.  There  was  a  move- 
A  incut  threatened  adversely  by  a  party  who 
had  been  interfering  with  our  plan  a  great 
deal,  and  I  made  up  my  mind  to  get  out 
of  it,  and  I  determined  if  I  could  bring 
about  a  new  negotiation,  that  I  would  break  oil  the 
arrangement  that  was  then  pending,  and  would  dis¬ 
pose  of  my  interest  and  go  to  Kurope ;  and  as  it 
had  been  so  lately  that  1  had  been  in  intercourse 
with  Mr.  Orton,  upon  this  subject,  and  had  declined 
to  have  any  further  negotiation  with  him,  I  adopted 
the  very  silly  method  of  trying  this  letter  to  see 
whether  the  negotiations  with  Mr.  Orton  could  not 
be  reopened.  I  have  no  apology  to  make  -for  that 
silliest  act  of  my  life. 

Q.  Then  the  object  of  that  letter  was  to  open 
these  negotiations  again  with  him  1  A.  Yes. 

Q.  And  it  succeeded  so  well,  that  on  the  same 
day,  yqu  received  an  answer,  which  I  will  rend.  • 
(Beads  same.)  Then  the  next  thing  you  did,  was, 
on  the  same  day,  to  write  this  letter  of  July  2-lth  1  ■ 
(Bends  the  same.)  A.  Yes,  sir. 

Q.  Now,  having  got  that  letter,  wlmt  was  the 


760. 

next  negotiation  you  had  with  him.  You  wrote 
him  that  you  would  meet  .him ;  what  happened 
then  1 

A.  I  don’t  think  we  met. 

Q.  Why  not?  ..  .  * 

A.  I  don’t  remember;  I  don  t  remember  that  I 
had  any  Other  meeting.  . 

Q.  Did  you  got  any  other  communication  from 
him,  in  writing,  before  the  1st  of  August? 

A.  I  cannot  recollect  now. 

Q.  She  if  this  will  refresh  your  memory  i  I  tend 
to  you  a  letter  dated  1st  of  August,  1874.  [Reads 
same.]  Was  that  the  last  that  you  had  fiom  lnm  ? 

In  the  lust  letter  (Ex.  33b) he  didn’t ask  re‘ 

turn  anything,  but  hud  not  spoken  very  kindly? 

A.  I  must-  have  received  a  note  from  him,  to 
which  that  was  a  reply.  „  , 

Q  I  read  you  a  letter  of  J  uly  25th.  1875.  [Reads 
same.]  Did  that  strike  you  at  all  ns  a.blackmailing  22gc 

letQeriia  you  mean  or  intend,  in  writing  that  anony-  ■ 

mous  letter,  to  blackmail  Mr.  Orton  ? 

O  Now  sir  do  you  know  whether  Ml.  Oiton 
went  away  for  a  considerable  time;  he  states  lie 
was  just  going  away?  A.  I  don  t  knot. 

.  Q.  There  seems  to  have  been  m  , 

July  24th,  several  propositions.  I  ns  ,  j 
that  there  is  a  special  movement  on  foot,  J  - 
\VUat  was  that  special  movement  w  Uicli  j  ou  reie 

Union? 

o'  ASihon  Wsoo«"I»«tl"e*bo"“ 

gat'd  .to  his  election  as  president  ? 

A.  There  was  a  little  movement  on.  foot  m  op 
position  to  his  re-election. 


Q'.  You  linvo  spoken,  incidentally,  about  hia  hav¬ 
ing  said  that  lie  clicl  not  wnnt  anybody  else  to  in¬ 
terfere  with  his  directors.  In  reference  to  what 
was  that  said— -what  was  said  by  Mr.  Orton  in  that 
connection  1 

A.  Wlint  was  said  was  in  connection 

2288  with  his  desire  to  have  a  knowledge 

of  everything  in  regard  to  the  ownership  of 
all  these  tilings  in  connection  with  Harrington, 
and  he  said  when  any  negotiations  were  to  be 
made,  he  wanted  thorn  made  with  himself. 

Q.  In  reference  to  these  negotiations,  he  didn’t 
want  his  directors  interfered  with  1 
■  A.  No, sir. 

Q..  When  yon  say  in  this  letter  ‘‘control  of  auto¬ 
matic,”  do  you  mean  the  automatic  line,  or  do.yon 
mean  to  refer  to  the  whole  of  the  possessions  of  the 
Automatic  Company,  referring  ,  to  the  duplex  and 
0289  (l''!ldruplex  which  had  been  011  the  10th  of  the  same 
'  month,  thought  to  be  equal  to  Morse  1  ... 

.  Objected  to ;  excluded  ;  exception. 

'Q.  Wliat  was  the  term  automatic  that,  you  used 
in  a  previous  interview  when  you  were 
talking  with  Mr.  Orton  in  regard  to  these  matters? 

A.  I  didn't  talk  about  that;  I' didn't  use  any 
terms  in  connection  therewith  at  that  interview;  I 
.simply  explained  wlint  the  relation  of  the  parties 
ivas,  and  what  were  the  inventions  they  con¬ 
trolled. 

■  .  Q-  Yon  explained  the  relations  of  the  parties 

*-J0niid' 'the  inventions  they  controlled.  State  whether 
in  tills  letter  seeking  to  renew  the  negotiation,  yon 
proposed  to  arrange  it  upon  the  same  basis  ?  • 

.  Objected  to. 

-  Court. — That  is  an  inference  for  the  Court  to. 

dralvi  You  have  proved  the- surrounding  facts 
with  reference  to  which  this  letter  was  written,’ and 
the  Court  will  now  draw  the  inferences  it  deems 


Mr  Buller.— I  ask  the  other  side  to  produce  the 
tatters  which  were  identified  yesterday. 

Mr.  Lowery  states  that  they  are  not  in  evidence  .  . 
uot.  rohvtu  to  the  subject  matters  of  the  con- 
and  do  not  re  a  aUown  the  witness  solely 

troversj  ..  handwriting,  anticiputing'his  2291 

,o  ,u“  1 

o!  When  tliey  shown  to  ywon^o 

stnnd,  they  we">  turned  over 'ond 

TwHo.  ““SI,  “•>: 1 

,n'“n!'ns 

them  hero?,  . 

A.  They  have  most  certainly.  2292 

of  confidence?  A.  ..Yus.  not)  transaction  for 

Q.  Now  I  want  to  get  at  *«■  **««  0|1  the  l3t 

nmoinent  ;  there  had  been  received.  bJ, 090 

the  month;  ■'  ,  -  k  s0 

«-** 

whetUer ~  >"  >« 

0,“tS£« 

advance^  made  at  Mr.  H  ■  to  be  returned,  of., 
personal  expenses  ;.a it  w «  ’  J  T  81lid  yesterday 

course,  or  accounted  foip  Pu6\vUftt  t  meant  was 

:  thatpar\: 


713 


712 

ticulnr  time- about' it,  except  Mr.  Harrington  and 
myself. 

Q.  There  was  not  any  objection  by  you  ? 

A.  No,  sir  j  I  received  some  myself  about  the 
same  time. 

r,  Q.  Now,  state  whether  this  40,000  shares  of  stools 
2294  was  to  be  received  iit  payment  for  tho  benclit  of 
whoever  was  associated,  and  lmd  rights  to  it? 

A.  It  was  for  tile  benefit  of  those  wlto  had  rights 
to  it. 

Q.  There  have  controversies  over  the  rights  arisen 
between  .tiie  parties,  so  that  the  matter  is  not  yet 
adjusted  ?  A.  Yes. 

Q.  And  to  adjust  these  rights  was  one  of  the  pnr- 
poses  or  the  bill  to  which  you  have  referred  ?  • 

A.  Yes.  .  ..  ■  »v. 

Q.  Now,  statu  whether  the  consideration  of  the 
receipt  of  that  largo  amount  of  property,  was  the 
jnr.  entire  giving  up,  on  tho  part  of  the  associates,  under 
whatever  name  they  wore  acting,  of  all  their  rights 
and  interest  in  the  telegraph  to  the  company  pur¬ 
chasing,  and  if  not,  what  was  excepted  ?  - 

Objected  to. 

Q.  Did  the  deed  of  conveyance  include  all  the 
company  had,  or  was  there  anything  reserved  ?  . 

A.  There  was  nothing  reserved. 

Q.  It  was  intended  to  cover  all  those  things 
which  the  company  claimed  to  have  ?  . 

A.  I  stated  yesterday,  it  was  intended  to  include 
2296 r""'llU  "aS  °"’ne^  or  controlled  by  the. Automatic 
Telegraph  Company,  which  included  Little’s  pat¬ 
ents  and  the  line,  and  it  was  intended, to  include 
.  ....JVhatever  Harrington  controlled,  and  to  include  the 
I-'dison  inventions,  whatever  they  were. 


Arena  Hkobsb— May  Utii,  1877. 
Jie-eross-examlwdinn  by  Mr.  Dickerson  t 
Q  At  the  time  that  these  live  patents  wore  taken 
that  von  have  put  in  evidence  here,  the  automatic 
neopie,  or  whoever  was  working  that  automatic 
system  wore  using  the  Morse  key  and  Morse  relay  22cjf 
for  doing  their  talking  over  the  line,  were  they  not  ? 

q!  And  about  that  time  you  were  threatened 
with  a  suit  under  wlmt  was  called  the  1  age  patent, 
were  you  not?  A.  No,  sir. 

y.  Von  heard  of  the  Page  patent,  did  you  not  ? 

Q.  You  heard  that  the  Page  patent  covered  the 

"a  AniUhat  tho  Western  Union  Telegraph  Com- 
puny  owned  tho  Page  patent? 

A.  They  claimed  to  own  a  part  of  it. 

Q.  And  then  you  got,  or 
to  see  it  he  could  not  invent  foi  >ou  s 
trivance,  by  which  you  could  '“^^“"t^g'tnging 

A.  Tho  object  of  Kdison  s  invention 
entirely  dilferent  purpose.  , 

Q.  I  didn’ t  ask  you  what  his  object 

A.  Yes,  sir  ;  you  did.  t0  Wm,  2'09 

£1  P&r&BSSSS 

]Siloadj!mlS!Sn&  which  you  have  spoken 

°f  l  You  said  on  our  line ;  I  said,  no,  sir. 

Q.  Well,  which  would  enable  T™  " *“} 

A.  No,  sir  ;  that  was  J  J itll  the  use 

Q.  You  didn’t  propose  to  dr spensc  ^ancnl 


A.  Wo  did  it  we  dio.su. 

Q.  That  wns  not  any  object  you  hail  in  view  ? 

A.  Not  specially. 

Q.  You  meant  togoonnnil  use  this  retractile 
spring-  in  your  line,  lint  you  wanted  him  to  invent 
something  for  you  that  somebody  else  might  nos- 
2800sibly  want  to  use? 

A.  Yes,  sir;  that  is  it  exactly. 

Q.  It  had  no  reference  at  all,  to  making  you  in¬ 
dependent  of  the  Western  Union  Telegraph  Com¬ 
pany,  in  that  respect  ?  No,  sir. 

Q.^  You  never  heard  of  that  until  you  hear  it 

A.  Never  heard  of  what! 

Q.  Heard  of  that  suggestion  and  object  ? 

A.  On  our  part  ?  . 

Q.  Yijs,  sir?  ■ 

A.  I  never  did  ;  no,  sir. 

o‘)ai  Q-  You  say  you  requested  Mr.  Edison  to  make 
those  things;  tell  the  Court  exactly  for  what  pur¬ 
pose  you  wanted  them  made;  if  you  did  not  want 
them  to  help  you  and  relieve  you  from  the  possible 
lien  or  control  or  that  patent,  that  you  have  ad¬ 
mitted  file  Western  Union  Telegraph  Company 
claimed  to  own,  and  which  covered  that  retractile 
spring? 

A.  I  did  not  say  that  we  requested  Edison  to 
make  those  inventions,  at  all  ;  but  I  did  say,  that 
the  inventions  grew  out  of  certain  conversations 
and  relations,  and  they  were,  that  we  desired  to 
bring  about  certain  relations  and  connection  with 
0302  the  exiting  telegraph  companies  and  with  certain 
railroad  companies.  The  railroad  companies  re- 
ce.ved  information,  that  if  they  entered  into  any 
alliance  in  opposition  to  the  Western  Union  Tele¬ 
graph  Company  they  would  be  pounced  upon  on 
account  of  using  the  Page  patent.  There  was  a 
pwnngtarabo  Perv"di,'S  the  opposition  tele¬ 
graph  companies,  a  protective  association  having 
been  formed  composed  of  some  railroad  .com¬ 
panies  and  some  of  the  opposition .  telegraph  com¬ 


panies,  with  which  wo  desired  to  ally.  I  made 
known  to  them  that  in  case  I  mado  an  alliance 
with  them,  we  would  furnish, them  the  means  of 
protection  against  the  claims  preferred  by  the  West- 
era  Union  Telegraph  Company,  on  account  of  the 
Page  patent ;  and  if  we  could  not  break  down  the 
Pn.ro  patent,  which  1  guaranteed  to  do,  we  would  330ft  ■ 
furnish  them  anti-Page  relays  as  an  inducement  for 
them  to  make  an  alliance  with  us.  All  this  con¬ 
versation  having  taken  several  months.  At  that 
time,  Mr.  Edison,  of  course,  hearing  of  them,  said, 

“I  can  make  you  half  a  dozen  anti-Pago  relays; 

“  I  said  “  all  right,”  and  lie  went  to  work  and  pro¬ 
duced  them.  ,r„ 

Q.  Inconsequence  of  what  you  now  state,  1 1 . 
Edison  made  for  you  these  anti-Page  relays,  which 
are  the  subject  or  these  live  patents,  and  conveyed 
them  to  Harrington  ?  A.  Partially. 

Q.  That  is  the  truth,  is  it  .not?  0304 

'  A  Tliev  are  not  all  relay  patents ;  the  live  pat- 
ents'  are  ‘simply  essentially  magnetic  patents,  and 
not  chemical  patents. 

Q  Now,  in  1874,  in  the  month  of  .rune,  and  be 
fore  tlmt,  Mr.  Iliram  Barney  was  your  attorney  ? 

A  No,  sir ;  lie  was  the  personal  attorney  of  Mi. 

•  Harrington,  an a bndb  f  ^ 

^ time;  we  bad  no  special  nttor- 
n6&.  When  you  needed  advice  you  went  to  Hiram 

BQ™He  was  of  the  attorneys  whom  you  con-2803 
suited? 

A.  We  did  consult  him;  yes,  sii.  .  .  , 

Q.  He  stood  at  that  time  m  that  relation  to  y 

A.  I  distinctly  say  that  lie  did  not. 

Q.  He  did  not  stand  in  the  relation  tin.  you 
suited  him  when  you  had  business  lor  him 

A.  We  had  no  business  for  him. 


Q.  You  n 


3i-  consulted  him  I 


. 1.7T71  ?  hew 


pnlly  Mr.  Harrington's  personal'  friend  and  at; 
torney. 

Q.  Bat  Mr.  Harrington,  represonling  tho  associ¬ 
ation  ns  tlio  head,  was  lie  not  ? 

A.  Yes,  sir. 

Q.  And  you  were  one  of  it  ?  A.  Yes,  sir. 

2300  Q.  Tie  was  the  attorney,  then,  Mint  Mr.  Harring¬ 
ton  consulted  in  regard  to  the  affairs  of  tho  associa¬ 
tion  ?  A.  Sometimes. 

Q.  And  you  consulted  him  on  the  same  inatteri 


A.  I  don’t  think  I  o 
up  to  that  time? 

Q.  Mr.  Harrington 
business  ? 

A.  Whenever  there 


r  consulted  him  in  my  life, 
is  tile  person  who  did  that 


A.  Whenever  there  was  anything  done. 

Q.  When  you  went  to  him  on  that  occasion,  you 
knew  that  that,  had  been  the  relation  between  him 
and  Harrington  ?  A.  Yes,  sir. 

2307 Yo"  happened  to  go  on  that  occasion  repin¬ 
ing  the  association  of  which  yon  wore  a  member? 

A.  I  went  on  that  occasion  witli  great  del  iliera- 

Q.  Did  you  go  there  to  talk  for  yourself  person¬ 
ally,  or  to  talk  for  the  association  of  which  you  were 
a  member  ?  A.  I  went  there  to  talk  generally. 

Q.  Did  you  go  to  talk  for  yourself,  or  for  your 
association  ? 

A.  That  was  to  depend  upon  the  result  of  the 
conversation. 

Q.  You  went  there  authorized,  or  thinking  your¬ 
self  nuthoi izod,  to  talk  for  your  association  i 
2308  A.  0,  Yes,  sir. 

Q.  And  if  ilie  conversation  came  out  in  that  di¬ 
rection,  you  were  going  to  talk  for  your  association  ? 

A.  Yes,  sir. 

Q.  And  in  the  presence  of  Mr.  Burney  who  hud 
occupied  the  relation  you  have  stated? 

^jA.  Not  because  he  had  occupied  that  relation  at 

•  Q.  Not  because  of  that? 


q.  You  didn’t  know,  at.  that  time,  that  he  had 
n.<>  relniioii  von  have  spoken  of  ? 
l  Yes  sir;  I  have  told  you  so  three  or  four 

Tvou  have  said  that  no  terms  were  spoken  of 
about  the  sale,  or  proposed  sale  of  the  automatic,  ^ 

ato'1Jl"ne  reHesSiuHneniory.  On  the  second"’ 
da^  MU,  Orton  met  you,  did  not  Mr  Hiram 
Barney  in  your  and  his  presence,  speaking  ns 

™  „,y «» m.  0*,.. 

tb’i, i„  ;  was  there  anything  like  that  said  ? 

A.  No,  sir ;  not  the  slightest. 

Q.  Nothing  like  that,?  A.  No,  sir- 

wa?.b?« 

Western  Union  Telegraph  Company  1  A.  ,  2« 

Q.  That  was  never  spoken  of? 

■  AK°*ir- 

you  will  take  care  of  yours  i 

A.  1  will  take  care  of that  no  such 
Q.  At  that  time  j «»'  •  •  -  ’  l  Bal,1(,y)  and  no  such 
language  was  used  >  M  ubstlince,  ltiade  by  him ; 

stfttiimunt  in  tiiims,  «i 

or  by  yon  1 
the  three  ? 

A.  Not  that  rwmemba.  md  not  Mr,  Bar- 
Q.  Then,  goiuga*kep  tud’§500,000  of  West- 
ney,  after  saying  that  1,e  d  say-then  $100,000  in 

ern  Union  stock,  go  on  an  y  sonletliing  like 

money  in  audition-did  lie  say 
•  that  ?  A.  No,  sir. 


Q.  Nothing  of  tho  kind  ?  ' 

A.  No,  sir,  not  like  tlmt. 

Q.  Didn't  Mr.  Orton  turn  to  you  and  any,  “T)on’l 
ffo  any  further;  you  have  snid  enough;  I  don’ I 
want  to  hear  nnything  about  such  terms  as  that  I” 

A.  Mr.  Orton  did  not  say  any  such  word  as  that, 
or  anything  that  had  a  shadow,  or  shade,  or  ap¬ 
pearance  like  that. 

Q.  I  want  it  as  positive  as  you  can  make  it. 
rhere  is  no  probability  about  it  ? 

A.  No,  sir ;  there  is  not  the  slightest  probability 
ibontit. 

Q.  About  the  same  probability  that  there  was 
ibout  your  letter  yesterday  ? 


The  Witness.— 1  can  stand  it. 

Q.  You  and  Mr.  Orton  met  tho  second  day  after 
lie  first  day’s  interview,  and  yet  nothing  was  said 
ibout  terms  of  a  sale  ? 

A.  Yes,  sir ;  that  is  a  fact. 

Q.  What  was  the  subject  of  the  second  day’s 
nlk,  when  your  first  day  had  been  used  in  convoy- 
ag  to  Mr.  Orton  the  statement  which  you  said'  vou 
nude !  '  ' 

A..  When  Mr.  Qrton  came  into'  the  room,  it  being 
ery  warm,  I  remember  lie  put  off  his  coat,  and  he 
aid,  “Mr.  Iteiff  let  us  get  to  business.” 

0-  What  was  the  business  ! 

A.  “Now,”  lie  said,  referring  to  our  con- 
ersation  yesterday,  “wlmt  will  induce  you 
o  have  Mr.  Harrington  and  yourself  trails- 
or  ,  to  a  satisfactory  party  all  of  Mr.  Edi- 
on  s  inventions,  for  they  arc  all  I  care 
nything  about.  I  said,  Mr.  Orton,  I  am  propared 
hat  ”UUSS  "itl1  yt>1'  Ut  t'lis  tlmo  anything  but 

Q.  Anything  but  Edison’s  inventions  ? 

A.  Anything  but  the  sale  of.nnything.  Ho  says, 
niiat  arc  we  here  , for?”  I  said,  “I  don’t 
now-  Well,”  he  said,'  “If  there  is  nothing 


to  sell  there  is  no  uso  in  carrying  on  the  conversa¬ 
tion.”  I  siiid  that  “  I  didn’ t  invito  the  interview, 
that  you  invited  it.  I  came  here  at-  the  request  of 
Mr  Barney.  You  asked  me  lor  information,  and  I 
gave  it  to  you.  When  the  question  of  buying  and 
selling  comes  up  it  is  a  different  thing.  At.  present. 

I  am  not  prepared  to  sell  anything.”  2310 

Q.  Therefore  yon  cut  the  interview  short  when  it 
tended  to  the  matter  of  price  ? 

A  I  don’t  remember  to  have  staid  there  very 
long,  after  that  I  sat  down.  After  conversing  gen- 
emlly  a  lew  minutes,  I  took  my  lint  and  left.  Mr. 

Orton  remained  with  Mr.  Barney.  Probably  Mr. 
Barney  call  tell  you  what  took  place  afterwards. 

Q.  Has  he  ever  told  you  what  took  place  ? 

The  Witness. — (To  tho  court.)  Is  that  a  proper 
question  for  me  to  answer  ? 

The  Court.— Yes,  sir ;  you  can  answer  that.  2316 
The  Witness. — Yes,  sir;  Mr.  Barney  has  told 

"'n  Now,  at  that  time,  as  you  said,  you  were  in  a 
negotiation  that  was  likely  to  lead  to  something 
•with  some  railroad  companies.  That  negotiation 
came  to  an  end  when  ?  .  . 

A.  It  continued  in  an  interrupted  sort  of  condi¬ 
tion  until  my  arrangement  finally  made  with  Mi. 

!' Then,  that  ran  all  the  way  through  until  De¬ 
cember,  1874? 

A.  Sometimes  off  and  sometimes  on.  231 1 

Q..  Was  it  a  continuing  negotiation  from  June,  or 
before  it-uiitil  December? 

A.  No,  sir ;  a  very  interrupted  negotiation. 

Q.  Do  you  mean  to  say  that  it  was  broken  off, 
and  then  renewed  by  a  new  initiation  ?  ■  , 

A.  No,  sir.;  occasionally  it  was  dropped, 
occasionally  revived. 

Q.  Was  it  over  broken  off? 

A.  Absolutely?  , 


Q.  Yes,  sir  ?  A.  No,  sir. 

Q.  So  that  was  cnrrent  all  the  time  1 

A.  If  you  call  an  open  wire  a  close  wire,  it  was 
current. 

Q.  It  never  terminated  all  the  time  the  two  par¬ 
ties  were  open  to  continue  the  negotiation  with 
23 18  each  other! 

A.  I  interpret  my  own  terms.  I  say  the  negoti¬ 
ations  were  broken  off  in  that  way.  They  wore  al¬ 
lowed  occasionally  to  die  out,  and  then  were  re¬ 
vived.  The  good  feeling  among  the  parties  to  the 
negotiation  all  remained  ;  but  there  wore  impracti¬ 
cabilities  that  would  ariso  occasionally,  and  there¬ 
fore  we  had  to  consider,  and  see  whether  the  thing 
would  have  to  break  off  ontirely,  or  whether  we 
would  renew  it. 

Q.  Didn’t  Mr.  Orton  tell  you  this :  .that  Mr.  Da- 


■  J  influence  him  to  buy  automatic,  or  words  to  tlint 
effect? 

A.  Well,  hardly  words  to  that  effeet— generally, 
,  t  generally  to  that  purport. 

ftnCins {Juj'tUa./iJ  Q-  Yo"  did  not  suppose  that  wlmt  Mr.  Orton 

-i  i  «  V  said  about  Mr.  Davidge,  had  relation  to  anything 
ok  but  ^le  exer<:'su  by  Mr.  Davidge  of  the  power  or 

OA'th&JasfLuvto  authority  that  he  had  h-om  Mr.  Harrington? 
yi.Z a.  I  don’t  know  what  schemes  Mr.  Davidge 
i,a  1. 

Q.  I  am  asking  you  whether  Mr.  Orton  said  to 
you  anything  in  respect  to  Mr.  Davidge,  tlint  led 
2320  yon  to  believe  that  he  referred  to  any  other 
matter  than  that  Mr.  Davidge  had  been  trying. tc 
sell  automatic  to  the  Western  Union  Telegraph 
Company,  through  its  directors  ?  " 

A.  I  don’t  think  he  said  tlint. 

Q.  He  didn’t  convey  that  idea  to  you,  at  all  ? 

A.  He  said  he  had  been  interfering  with  his  di¬ 
rectors  in  some  scheme — some  scheme  ? 

Q.  Which  might  relate  to  their  coiner  on  a  pleas- 


A.  Mr.  Davidge  had  a  groat  many  schemes  on 

“Srn  might  be,  so  far  as  you  know,  that  Mr.  2321 
Orton  supposed  Mr.  Davidge  was  trying  to  get  lnm 

deposed  by  appealing  to  his  directors? 

A.  No  ;  1  think  lie  thought  that  Air.  Davidge 
was  trying  to  influence  some  directors  to  do  some¬ 
thing  ;  I  don’t  know  whet-some  scheme-some 
telegraph  scheme  in  connection  with  the  automatic 

OUQ.itWhen  ho  mentioned  the  name  of  Mr.  Da- 
vid"e  to  you,  and  stated  that  ill-.  Davidge  was  in¬ 
terfering,  did  you  not  say  to  him,  “  Mr.  Davidge 
has  got  no  authority  from  our  people  todoanj- 
tliiug?”  .  232 

A.  I  probably  did ;  yes,  sir.  _  r  ■ . , 

Q.  Did  In  not  then  say  to  you,  Mr.  Davidge 
has  produced  to  me  a  written  power  from  Mr.  Har¬ 
rington  to  sell.  . 

A.  I  don’t  remember  any  such  tiling. 

Q.  He  novel-  said  that  ? 

A.  I  don’t  remember  any  such  tiling. 

Q.  You  never  heard  of  that  until  you  saw  the 
papers  in  Court  ? 

Q.  AmUhis  is  the  first  time  you  knew  or  heard 
of  them  ?  .  ■  no 

A.  I  think  it  is  ;  yes,  sir. 

f*  And  von  never,  on  that  occasion,  heaul  any 
thit  fro  u  Mr.  Orion  that  led  you  to  believe  that 

Si  dS--  trying  to  *1.  — »•«  »  “» 

Orton’s  busk,  liy  lollu.ndiig  k» 


Q.  By  mlmcticing  lus  directors  i 


Q.  Thun  if.  is  t  rue,  is  it,  flint  you  understood  fron 
ill'.  Orton  on  thiit  occasion,  tlmt  Mr.  Davidge  wa 
lying  to  sell  initomiitic  to  tho  Western  Union  Tele 
TJpli  company,  through  tho  directors  ? 

A.  1  understood  that  Mr.  Orton  said  so,  and 
nderstood,  ns  I  have  distinctly  said  several  limes 
lint  Mr.  Davidge  had  no  authority. 

Q.  You  understood  that  Mr.  Orton  made  Ml" 
liitcinenl,  did  you  not?  A.  Yes,  sir. 

Q.  And  you  knew  at  the  time,  that  tliosu  letter: 
hat  have  been  shown  you,  were  written,  dial 
uthorify  from  Harrington  had  been  given  ? 

A.  I  knew  in  the  manner  I  stated  twice  this 
lormng.  I  knew  at  the  time  they  wore  written, 
ill;  it  passed  out  or  my  mind. 

Q.  Didn’t  you  say  this  morning,  that  von  had 
irgott  ten  at.  that  interview  that  such  letters  ex 


■nee  of  a  fact  from  the  mind?  • 

liud  C'°n'l!*V  t"’°  v,‘l'.v  different  things  to  my 
Q.  H  was  not  in  your  mind  or  before  your  iniud, 
lose  letters ?*' a''  It  \v'l'  tIWt:  Ml''  DilviclS':  1111,1 

Ur-  0rton  said 

ttels  ?  ^  Uavidge  had  produced  to  him  those 

A.  No,  sir ;  I  distinctly  staled  that  I  did  not 
niemher  that  Mr.  Orton  made  sue  hit- 

von’', Pot  v"  r7  n,°'V  tlmt  Orton  didn’t  sav 
-Oa'-ulgo  had  produced  written  an- 


A.1  I  say  I  don’t  remember  that  ho  made  anj 
inch  remark.  , .  , 

Q.  You  said,  yesterday,  when  this  letter  win 
,|iown  yon,  and  after  you  read  it,  in  answer  to  tin 
question  :  “Did  you  write  it ?  i  won’t  be  positive 
possibly  I  did.” 

A.  Tho  letter  was  not  read  yesterday  at  all. 

Q.  It  was  not? 

A.  No,  sir;  no,  sir;  it  was  not. 

Q.  Then  the  counsel  said  to  you,  “Here  is  ai 
other”  (meaning  that  anonymous  letter),  and  yo 
said,  “  I  don’t  identify  it  in  that  way. 

“Q.  I  will  show  it  to  you  ? 

“A.  I  don’t  identify  it. 

“  Q.  Is  tlint  your  handwriting  or  not  ? 

“  A.  I  don’t  know.  . 

“  Q.  Then  you  may  read  it,”  and  it  was  linndi 

to  you  and  you  read  it? 

A.  I  don’t  think  you  put  any  such  question ; 
didn’t  read  it. 

Q.  Yon  discriminate  between  Mr.  Lowrey  ai 

H'il^No,  sir;  I  don’t  discriminate  between  yoi 
I  didn’t  read  that  letter. 

Q.- It  was  put  in  your  hand,  and  you  put  it 
before  your  face  ?  .... 

A.  The  question  was  the  matter  of  identify 

the  letter.  ...  .... 

Q.  It  was  handed  to  you  with  this  le 

“Then  yon  may  read  it”  ? 

A.  I  think  not;  I  don’t  remember  that  that 
mark  was  made. 

Q.  Is  your  memory  better  for  the  comersat 
that  occurred  in  June,  1674,  then  it  is  in  le  e 
to  what  you  swore  to  yesterday  ? 

.A.  It  depends  upon  the  importance  of  thee 
versation.  .  ,  .  „„ ....... 

Q.  Tho  conversation  so  unimportant  as  j 
timony  yesterday,  you  forget  ? 

A.  I  might  recall  it  tomorrow. 


The  Court. — fie  says  lio  remembers  ho  said  that. 

The  Witness. — I  don’  t,  remember  that  they  hand¬ 
ed  me  the  letter  with  the  privilege  of  reading  it, 
because  I  distinctly  remember  1  didn’t  rend  it. 

Gen.  Uvller. — I  told  the  witness  ho  need  not 
read  the  letter. 

Q.  Yon  have  beard  Gen.  Butler’s  explanation. 
Did  Mr.  Lowrey,  through  me  and  by  my  hand- 
band  you  that  letter  and  slate,  “Then  you  may 
read  it.” 

A.  I  don’t  remember  the  latter  part;  ho  cer¬ 
tainly  handed  mo  the  letter— either  Mr.  Lowrey  or 
yourself. 

Q.  Then  you  hold  it  before  your  face  sonic  timet 

A.  No,  sir  ;  not  very  long. 

Q.  Long  enough  to  read  that  little  paget 

Q.  You  didn’t  read  it? 

A.  I  didn’t  read  it. 

Q.  Then  you  said  this,  “  I  remember  some  cir¬ 
cumstances  about,  that  paper?”  A.  Oh,  yes,  sir. 

Q.  How  could  you  remember  some  circumstanc¬ 
es  about  (hat  paper  if  yoii  did  not  remember  the 
paper  itself  ? 

A.  'Well,  if  ilie  Court  will  allow  me  ;  I  cannot 
inswer  that  question  just  in  the  form,  probably, 


A.  Of  course,  I  was  a  little  loth  to  acknowledge 
n  a  public  manner  that  T  had  committed  the  -sill v 
act  of  writing  that  letter,  and  another  thing  that 
noticed  me  to  consider  a  moment,  because  I  didn’t 
mend  to  deny  it,  as  T  didn’t  deny  it — was  ilie  fact 
af  seeing  the  other  letters  which  had  been  commu¬ 
nicated  by  me,  in  coniidenco  to  Mr.  Orton,  and  that 
they  should  be  shown  here  in  Court,  which  is  a 
nreaoh  of  confidence,  and  it  astonished  me,  that 
il'ter  the  professions  that  Mr.  Orton  laid  made  to 


a;  of  liis  high  regard  for  mo,  he  should  comnn 
licit  a  breach  of  coniidenco;  I  hesitated  to  se 
dint  object  they  could  have  in  view  ;  1  did  not  in 
•ml  to  deny  the  identity  of  the  letter,  and  b 
lint  time  several  minutes  had  elapsed,  and  seven 
ucstions  had  been  asked,  and  then  I  said,  I  prol 
bly  wrote  that  letter,  and  was  perfectly  willing  t 
e  questioned  on  it. 

Q.  It  was  indignation  that  your  handwriting  i 
notlier  letter  should  be  shown  to  you,  which  wi 
eonlldential  letter  that  so  alfected  your  mind  tin 
■on  answered  the  question  in  the  way  you  did  1 
A.  It  didn’t  affect  my  mind  to  unsettle  it. 

Q.  You  knew  what  you  said  when  you  replied 
hose  questions  ?  A.  Yes,  sir. 

Q.  Didn’t  you  know  that  that  was  your  lett 
vhen  you  made  those  replies  ? 

A.  i  didu’ t.  say  it  was  not,  but  I  chose  to  say  tli 
.  didn’t  identify  it. 

Q.  Didn’t  you  know  that  that  was  your  lett 
vhen  you  said,  “1  don’t  identify  it,”  and  “I  doi 
snow?” 

A.  Well,  when  you  first  showed  it  to  me  I  sa 
1  didn’t  know,  because  you  only  showed  me  a  pa 
jf  it;  subsequently  I  did  know. 

Q.  Then  you  were  asked,  “  Is  that  your  lmn 
writing  or- not,”  and  you  said,  “I  don’t  knot 
Didn’t  you  know  at  the  time,  whether  it  was 
not? 

A.  I  didn’t  know,  at  the  moment,  whether  1  il 
or  not.  It  was  enough  to  serve  the  purpose  that 
acknowledged  writing  the  letter. 
fQ.  You  have  told  us  i  mu  ti  l  tl  t  ol  it 
some  years  ago,  and  l  want  to  test  the  strength 
your  memory  about  a  thing  that  occurred  in  t 
presence  of  the  Court  here.  Then  you  were  aslo 
“ Did  you  write  it?”  and  you  answered,  “I  wo: 
be  positive ;  possibly  I  did.”  That,  was  aftei  } 
lmd  it  in  votir  hand,  and  looked  at  it  for  soi 


A.  I  don  t  know  wliat  you  call  some  time.  T  n 
member  glancing  at  the  letter. 

Q.  You  had  it  in  your  hand  as  long  as  yo 
pleased  ?  A.  I  made  that  reply. 

Q.  Didn’t  you  know  then  that  that  was  your  le 
tor? 

130  A.  I  didn’t  choose  to  identify  it  at  that  time. 

Q.  You  preferred  to  make  that  statement  unde 
oath  than  to  admit  it  was  your  letter? 

A.  Because  I  intended  before  the  question  gi 
through  to  admit  that  I  wrote  the  letter. 

Q.  You  preferred  to  swear  yesterday,  “  I  won' 
bo  positive,  possibly  I  did,”  when  you  knew  it  wa 
your  letter?  A.  Yes,  sir  ;  I  preferred  lo  do  that. 

Q.  Then  you  were  asked  this,  in  the  end:  “J 
it  not  your  best  belief  that  you  did,  and  don’t  yo 
know  that  you  did  ? 

A.  Yo ;  I  don’t  know  that  I  did  ;  no,  sir.”  Who 
t87  i’"'1  answered  that,  you  knew  it  was  your  lettei 
did  you  not? 

A.  I  knew  it  in  the  sense  I  havo  stated  all  along 
T  didn’t  choose,  at  the  moment,  to  identify  the  lei 
ter,  for  the  reasons  I  have  expressed. 

Q.  And  you  preferred  to  say  you  didn’t  know  it 
when  you  did  ?  A.  That  is  a  qualified  nnswor. 

Q.  You  have  been  asked  about  this  contl'pvers; 
■between  you  and  Jay  Gould,  and  others.  You  wer 
asked  to  giro  your  meaning  of  a  certain  paper  ii 
this  book.  You  were  asked  to  give  your  under 
standing  of  the  words  “  Automatic  system,”  in  : 
certain  paper  Exhibit  32.  Now,  that  controversy 
'38  that  you  have  been  speaking  of  is  in  the  Court  ? 

A.  Yes,  sir. 

Q.  In  the  Circuit  Court  of  the  United  States  ? 

A.  Yes.  sir. 

Q.  And  it  is  contained  in  that  pamphlet? 

A.  I  don’t  know. 

Q.  That  is  your  side  of  the  controversy  ? 

‘  A.  That  probably  is  it. 

Q.  Hint  states  all  your  side  of  the  controversy 


•  A.  If  that  is  a  perfect  copy  of  the  bill  in  the  Cir¬ 
cuit  Court,  it  does. 

Q.  This  is  a  copy  with  your  name  on  it.  that  you 
lent  to  Mr.  Lowrey  ? 

A.  Yes,  sir ;  I  lent  that  to  him. 

Q.  That  contains  your  side  of  that  controversy  Qgsg 
A.  Yes,  sir ;  I  think  so. 

Mr.  Dickerson.— I  offer  the  pamphlet  in  evidence 
for  the  purpose  of  showing  that  the  witness  lias 
stated  certain  Tacts  in  the  case„and  he  has  been 
asked  to  doline  certain  papers,  to  te  l  wliat  they  | 
covered,  and  what  was  included  in  the  terms  o  i 
those  papers.  The  whole  subject  matter  of  this 
controversy  is  contained  in  this  bill  of  equity.  We 
are  entitled  to  havo  the  whole  of  it. 

The  Court,.— Does  tlio  bill  put  tin  interpretation 
on  those  words?  2340 

Mr.  Dickerson.— Yes,  sir. 

The  Court. — Different  in  any  respect  from  wliat 
the  witness  1ms  testified  ? 

.  Mr.  Dickerson. — Undoubtedly. 

.  The  Court. — -The  witness  has  testified  as  to  the 

significance  and  import  of  certain  teim 
the  letters  of  which  Mr.  Lowrey  did  make  use. 

n„,  liuaer  _I  ask  that  the  counsel  read  the 
,a2^gf%e  bill  in- which  he  claims  it  is  «»841 

assignment  of  each  and  e  y  i  A  Eaiaon’s  im- 
the  full  and  complete  title  %  ests. 


Mr.  Wheeler.  -This  is  certninly  re-opening  Mi,,  lid, 
ofc  o  l\  m  i  f  j  the  Exhibit  wns  shown  to  him 
ami  ho  was  questioned  on  it  by  both  sides. 

Mr.  Dickerson.— I  will  refer  to  nnotlier  part  of 
the  bill,  page  22.  “  The  said  Harrington  intended 
2  to  sol  and  transfer  to  the  Atlantic  &  Pacific  Telo- 
(■graph  Company,  the  said  patents  and  inventions 
specified  in  the  said  deed,  dated  April  Of.li,  1875 
in  case  the  said  company  should  pay  the  consider-’ 
ntion  specihed  ill  said  Harringlon’s  said  letter  to 
smd  Goo  d,  dated  April  loth,  1875,  and  not  other- 
'Vf'  ll'is  witness  has  been  asked  whether  ho 
did  not  intend  to  convey  more  than  Hint,  to  wit, 
quadruples  and  duplex. 

Gen.  Butler.  This  memorandum  is  dated  De¬ 
cember  311th,  187-f,  and  a  deed' was  afterwards  made, 
supposed  to  carry  out  that  agreement  in  the  mom- 
I  omndum;  and  in  making  the  bill,  tho  deed  which 

. . '“ited  the  bargain  is  referred  to.  That  bv  no 

means  tends  to  contradict  what  Mr.  Heiir  under- 
stood  was  tho  bargain. 

Mr.  Dickerson,.— If  that  statement  is  true,  it  is 
ot  true  that  they,  at  that  time,  intended  to  convey 
and  sell  q,mdr.,plex  and  duplex;  and  the  witness 
5"orn  tiiat  the  statement;  is  true.  ' 

you'fnSmr^.'iis 'if’ 'l'e  “l!*  T  wJH  l,enr 

j  uu  mu  .is  to  its  olloiJt  hereafter.  Anv  nart  of 
matim  bL  "’llicl‘ llils  !l  tem1<-'nc.''  to  explain  the 


'  Thecnnv  'r.?  "’ai’ked  defendants’  Exliibil  35. 
fhecopj  of  the  bill  ls  taken  subject  to  anv 


os?  A.  I  said  no  such  thing. 

Q.  Did  you  notl  A.  Ho,  sir. 

Q.  Was  it,  or  was  it  not  ? 

A.  I  stated  distinctly  that  the  §5,000  was  an  ad- 
inice  to  Mr.  Harrington  to  bo  accounted  for.  It 
as  for  somo  personal  expenses  and  other  expon-  2 
is,  and  in  the  strict  sense  ns  it  was  to  be  submitted 
j  a  final  settlement,  it  may  have  been  considered  a 
aymcnt  on  nocouut. 

Q.  Were  you  present  when  that  payment  was 
lade  ?  A.  No,  sir. 

Q.  How  do  you  know  then  what  was  the  under- 
tanding  between  Jay  Gould  and  Harrington! 

A.  I  didn’t  say  that  I  knew  anything  about  the 
inderstnuding.  .  . 

Q.  How  do  you  know  what  you  say  about  it  is 
ho  trno  understanding  under  which  that  paper  was 
iinde  ?  A.  Because  Mr.  Harrington  told  me  so. 

Q.  You  kuew  it  from  Mr.  Harrington  1 
A.  Yes,  sir. 

Q.  He  told  you  it  was  paid  to  him  on  the  per- 
ionul  expense  account,  and  the  like  2 
A.  He  didn’t  say  that. 

Q.  What  did  lie  tell  you  it  was  paid  for? 

A.  I  prefer  to  have  my  former  answer  to  that 
juestion  wind. 

Q.  I  prefer  to  have  you  answer  it  again  ;  tell  us 
•xactly  wlmt  Mr.  Harrington  said  to  you  2  A.  I 

"q.  Tell  us  ns  near  as  you  can  2 
A.  Simply  that  lie  had  asked  Mr.  Gould  for  a  lit¬ 
tle  money,  as  he  was  going  away  again  ;  lie  needed 
some  for  personal  expenses,  and  there  were  some 
legal  matters  that  lie  was  going  to  attend  to,  and 
Mr.  Gonld  sat  down  and  gave  him  a  check  for 
$5,000 ;  lie  didn’t  state  there  were  any  conditions 
made  about  it. 

Q.  Did  ho  tell  you  on  what  account  it  was  pnut  i 
A.  No,  sir.  . 

Q.  As  yon  understood  It,  he  just  asked  Mr, 


Gould  for  $5,000,  and  Mr.  Gould  sntdown  and  gave 
him  a  chock  2 

A.  IIo  did’ t  loll  .mo  ho  asked  Jay  Gould  foi 
$5,000 ;  ho  said  ho  needed  fclio  monoy  for  licrsonal 
expenses,  and  so  oil,  and  Mr.  Gould  just  gave  him 
85,000. 

23JP  Q.  You  considered  it  a.  kind  or  gift  of  Mr. 
Gould  to  Harrington  for  personal  expenses  1 

A.  I  didn’t  say  so. 

Q.  Isn’t  Unit  the  effect  of  what  yon  say,  liarring, 
ton  said  1  A.  No,  sir;  I  said  no  such  tiling. 

Q.  Didn’t  Harrington  loll  you. that  lie  received 
that  because  lie  had  signed  that 'deed  that  bears 
date  January  1st,  18752  A.  Decidedly  not. 

Q.  Ho  didn’t  tell  you  that?  A.  No,  sir. 

Q.  It  is  the  lirst  time  you  over  heard  that  $5,00(1 
was  paid  for  that  deed  2  A.  I  think  it.is. 

Q.  You  supposed  then,  did  you,  that  it  was  a 
jo  payment  by  Mr.  Gould  on  account  of  the  settle¬ 
ment  with  Harrington  for  these  patunts?  A.  Not 
strictly  on  account  of  the  settlement ;  simply  be¬ 
cause  tiie  programme  was  entered  upon,  and  Mr. 
Gould  was  the  moneyed  man,  and  Harrington 
wanted  a  Iitle  money,  and  lie  gave  it  to  him  to  be 
accounted  for,  I  suppose,  of  course. 

Q.  You  supposed  it  was  to  bo  accounted  for ; 
did  not  Mr.  Gould,  about  the  same  time,  give  Har¬ 
rington  §100,000  in  cash,  or  cash’s  equivalent  2 

Q.  Did  he  not?  A.  No,  sir,  hi  didn’t. 

Q.  Did  lie  not  pay  him  in  railroad  bonds  about 
>350 t  ml;  amount '?  A.  In  February  ? 

Q.  When  was  the  time  2 

Mr.jnecler.-Tt  was  early  in  February. 

Q.  lou  know  it  was  not  oil  account  ol  quadra 
plex?  A.  I  didn’t  say  so. 

Q.  Harrington  told  you  it  was  not  ?  .  . 

A.  I  didn’t  say  so. 

Q.  He  didn’t  say  so?  A.  No  sir. 

Q.  Did  Mr.,  Barrington  tell  you  it  was  upon  some 


other  account  than  on  account  of  that  transaction 
about  tho  quadritplox  2 

A.  I  have  stated  distinctly,  as  near  as  lean  re¬ 
member.  what  Mr.  Harrington  told  me,  namely, 
that  as  he  was  going  away,  and  needed  some  money 
for  his  personal  expenses,  and  while  away  ho  in¬ 
tended  to  attend  to  soma  legal  business  in  connuc  2! 
tion  with  tliis  matter;  he  stated  to  Mr.  Gould  that 
lie  would  like  to  have  a  little  money,  and  ho  told 
me  that  Mr.  Gould  sat  down  and  gave  him  a  check 
for  §3,000 ;  there  was  nothing  said  to  me  concerning 
the  matter  as  to  charging  it  to  one  account  or  the 
other. 

Q.  Then,  as  far  so  you  understood  it,it  was  a 
personal  matter  between  Mr.  Harrington  and  Mr. 
Gould,  in  which  Mr.  Gould  gave  his  check  to  Mr. 
Harrington,  as  lie  was  going  oil’  somewhere,  and 
wanted  a  little  money  2 
A.  Yes,  sir. 

Q.  It  laid  nothing  to  do  with  any  of  these  busi-  - 
ness  relations  at  all?  ,  , 

A.  If  there  had  been  no  business  relations  be¬ 
tween  them,  I  presume  Mr.  Gould  would  not  have 
given  him  §5,000.  ,  . 

Q.  There  were  no  other  business  relations  beta  een 
them  excepting  these  two  transactions,  namely,  the 
transaction  by  which  Mr.  Gould  was  to  gnu  s  oc  v 
of  the  Atlantic  and  Pacific  telegraph  Company  for 
certain  things  sold  by  the  automatic  (I  don  t  go  into 
•  particulars,)  and  also  in  respect  to  that  deed  dated 
1st.  of  January,  1875,  in  which  Mr.  Harrington  at¬ 
tempted  to  convoy  duplex  2 

A.  There  was  a  number  of  things  done,  all  fcio 
ing  out  of  the  paper  dated  December  30th  1874 
Q.  That  was  in  relation  to  the  sale  for  stoea,  - 
it  not?  A.  December  30th,  1874  2 
Q.  Yes,  sir.  A.  Yes,  sir. 

Q.  And  nothing  else  2  . 

A.  And  nothing  else— no  other  considering. 

Q.  And  the  deed  of  January  1st,  |8,°- lm‘l  ‘ 
lion  to  quadruplex  and  duplex,  and  nothing  els 


A.  riml  particular  deed,  no,  sir. 

Q.  Wns  there  niiy tiling  else  between  those® 
lomon,  except  those  two  tniiisnctions  to  which 
$5, 000  wns  applicable,  unless  it  wns  n  mnlnih 
onnble  Mr.  Harrington  togooir  tmvelling,  niul  h 
a,  iifcfclo  spending  money. 

2354  A.  It  wns  an  account  which  grew  out  or  thee 

tract  timt  Mr.  Gould  and  1  had  signed  on  the  !l 

:L"rmta'' Yo"  -  >"'*  “  “j-  *■»  j 

Q.  You  are  the  gentleman  lo  put  it? 
won’t  I't*18*81 0,1  "ly  *>utt'no  it  your  way,  an 
Q.  I  want  you  to  tell  the  truth  ? 

.  A.  I  don’t  think  you  do. 

vo?  ihi.T' "t  y°'l  t0  amm*  !1S  i’°"  Pl«*h  not 
you  think  I  want  you  to  answer? 

A.  I  propose  to  do  that, 

353  Ll,?,',  L  i'n1’?,  S°’  ,mtl  ,lot  Jr,•0,,1  unv  other  moti 
o  ts  „  ,C  To  "’!»•*  those  two  , 

or  be  n  ,  t  8fi’000  ‘'l’P^cable— -the  automa 
oi  the  quadruplex  transaction  A.  To  both. 

much  t  "ilS  “  kl?d  °r  tlivision  between  them  ;  h< 
much  to  one,  and  how  much  to  the  other? 

n,1\ 1  s,|y  distinctly,  and  I  on 
with  Hm  S!lJr  that  it  was  on  und  in  connectii 
th  the  paper  dated  December  30th,  J874  ;  and  i 
o  papers  that  were  signed  by  Mr.  k.irim'.; 
mit'of  h";  Pri°''  f°  1,is  ‘^M'lftuie  for  Europe,  gr, 
out  of  that  negotiation.  There  may  have  been  li 

wiCKsest*  ""  -*  •»* 

Q-  And  relating  back  to  that  it  was  » 
by™a^c”;Ve^d^-'^ea  to  be  convey, 

a«ed  of  Jammly  tSTO  ?  11,tL‘  ‘°  b°  CO,,VOyud  by  H 
knowIwIn?t,l’thS,'y  lmytl,i,,e  !|bout  that  ;  I  don 


ami  Hnrringtoin;  I  don't  know  wlmt  account  .Mr; 

Gould  charged  it  to,  or  anything  of  the  sort. 

Q.  It  being  a  payment  under  the  agreement  that 
was  initiated  December  30th,  1874,,  it  belonged  to 
those  who  conveyed  the  property  that  was  to  be 
conveyed  under  that  agreement  ? 

A.  I  didn’t  say  it  was  a  payment  under  that 4307 
agreement ;  I  said  it  was  a  payment  in  connection 
with  that  agreement. 

Q.  Not  because  it  was  a  payment  in  pnrt  perform¬ 
ance  of  timt  agreement ;  do.you  mean  that? 

A.  Not  necessarily  ;  I  say  the  payment  was  not 
necessarily  a  part  performance  of  timt  contract. 

Q  It  wns  not  necessarily  anything.  I  want;  tq 
know  what  you  know  the  fact  to  be  ? 

A.  I  have  said  all  I  know  about  it. 

Q.  You  are  entirely  sure  it  was  not  for  thequad- 
ruplex  contract  of  January  1st,  1875  ? 

A.  Independently  1  28s  8 

Q.  Yes,  sir? 

A.  I  don’t  know  wlmt  Mr.  Gould  said.;  but  Mr. 
Harrington  snid,  1  simply  say  that  I  don’tknow 
upon  what  account  the  payment  was  made,  but  the 
pnyment  was  made  by  virtue  of  the  relationship, 
which  I  started  with  Mr.  Gould  on.  the  30th.  of  De, 
cember,  1874.  .  , ,  ,  , . 

Q  Is  not  this  the  fact :  After  Mr.  Gould  got  his 
contract  with  Mr.  Edison  dated  January  4tli,  1874, 
did  not  Mr.  Harrington,  and  whoever  else  was  as¬ 
sociated  with  him,  come  to  him  and  say  to  linn-  in 
substance,  you  have  bought  the  title  to  the  quadra- 
plex  from  Edison,  but  we  have  got  claims  upon  it  2369 
behind  Edison,  and  you  have  to  pay  us  before  you 
got  through  with  it  ? 

A.  Certainly  not  to  my  knowledge. 

Q.  This  85,000  was;  nob  paid  in  order  to  get  Har¬ 
rington’s  continuation  of  the  agreement,  with 
Edison  of  Jan.  24tli.  1874  ? 

A.  Not  to  my  knowledge  ? 

Q.  Didn’t,  the.  8113,000  in  bonds  that  Mr.  Gould 
paid  to  Harrington  in  1875,  pay  for  Harringtons 


share  of  the  stock  that  ' wns  to.  come  to'  him  lihclc 
tin*  agreement  of  December  HOtli  ? 

*’  A;  I  don’t  think  there  was  any  such  paymont  a 
Hint  to  Harrington. 

Q.  Yon  don’t  believe  Mr.  Gonlrt’s  cashier '( 

A.  I  don’t  sii y  that ;  I  think  tliereis  n  mingliiij 
■tor  two  payments  there. 

Q.  *Ymi  don’t  helicvo  there  was  such  a  pay  men 
as  Hint  made?  A.  Of §118,000? 

Q.  It  may  not  be  Hint  exact  amount,  but  nbou 
that  amount  in  bonds  ? .  A.  Yes,  sir;  there  was. 

■  Q.  You  believed  that  payment  was  made  on  ac 
count  of  Hie  automatic  transaction  ? 

A.  What  payment  ? 

Q.  Early  in  February,  1875.  with  bonds  or  witl 
whatever  it- -was  made,  about' §100, 000? 

A.. I  don’t  know  of  any  payment  having  beci 
made  iii  February,  of  bonds  or  of  anything  of  tin 
kind. 

Q.  Perhaps  it  was  not  in  February ! 

•  A.  I  know  this  ;  that  payments  eqiinl  to  8100. 
(100  were  made  to  Harrington  by  Mr.  Gould,  part 
in  rush  and  part  in  bonds,  in  settlement  of  his  in¬ 
dividual  share  of  the  transaction  based  upon  that 
paper  of  Dec,  30tlf,  187*1.  • 

Q.  That  is  the  only  payment,  ever  made  by  Mr. 
Gould  on  that  account  to  Mr.  Harrington,  or  to  any 
ol  the  party  that  mndu  that  conveyance? 

Q.  When  was  this  payment  of  8*100,000  made? 

A.  I  don’t  know  positively  ;  I  think  it  was  about 
some  time  in  the  latter  part  of  April,  1875 — I  think 
it  was  just  prior  to  Air.  Harrington’s  departure  for 
Europe. 

Q.  He  went  to  Europe,  and  has  not  been  back 
since?  A.  Yes,  sir. 

Q.  AH'.  Morosini  was  mistaken  in  his  date  of 
February?  A.  Yes,  sir. 

Re-direct  examination  by  Mr.  Butler, : 

l  l!is  which  has  been  referred  to,  is  brought 


by  Edison  &  Harrington  jointly  against  Gould  and. 
the  Atlantic  and  Pacific  Telegraph  Company  ? 

A.  Yes,  sir. 

Q.  After  reciting  in  the  bill  a  series  of  deeds  you 
discuss  the  legal  bearing  of  each  one  of  them  ? 

A.  I  presume  that  is  tile  object.  My  counsel 
drew  the  bill ;  there  is  no  doubt  that,  the  bill  is  2363. 
properly  drawn.: 

Q.  The  first  one  you  put  in  is  the  deed  of  Janu¬ 
ary  1st,  conveying  to  Harrington  Edison’s  inven¬ 
tion?  A.  In  duplex  and  quadruple*. 

Q.  Then  there  was  a  deed  by  Harrington,  which 
was  one  of  the  exhibits  ?  A. '.Yes,  sir. 

Q.  Then  you  come  and  put  in  the  deed  of  the  4th 
of  January,  from  Edison  to  Gould  ?  A.  Yes,  sir. 

Q.  Then  you  put  in  the  deed  of  Alarcli  Oth? 

A.  Yes,  sir. 

Q.  In  each  one  of  those  exhibits  you  discussed 
as  you  did  this  one  mentioned  here  ?  2364 

A.  Yes,  sir;  I  think  so.  .  .  '  : 

Q.  State  whether  that  transaction  covered  by  all 
those  deeds  or  fullilled  by  all  those  deeds  wns  not 
a  carrying  out  of  the  agreement  of  Dec.  30th,  1874  ? 

.  Objected  to,  anil  withdrawn. 

Q.  Were  they  not  intended  to  ben  carrying  out? 

Judge  Porter.- 1  object  to  the  question.  The 
counsel  asks  two  questions.  First,  was  all  tlm  a 
carrying  out  of  the  original  agreement. 

The  Court. — That  is  withdrawn.  2366 

Judge  Porter. — Then  ho  asks,  in  order  to  reach 
tho  same  point  by  indirection,  which  he  is  not  per¬ 
mitted  to  do  directly.  “Did  you  intend  that  a 
that  should  bo  carrying  into  elfect  the  onginal 
agreement?” 

The  Court — It  is  a  matter  of  inference  from  all 
the  facts,  but  not  from  his  statement.  You  migli 


0 1 


737 

Plaintiffs  now  resume,  the  conduct  of  their  case. 

May  14,  1877. 

Edward  U.  Johnson-,  culled  for  plaintiffs, 
sworn : 

Direct-examination hy  Mr.  Wheeler:  2368 

Q.  Where  do  yon  reside  ?  A.  In  New  York. 

Q.  What  is  your  business  ' 

.  A.  Well,  I  am  at  present  engaged  in  selling  du¬ 
plicating  ink. 

'  Q.  Wlmt  is  your  position  in  the  uompnny  which 
makes  and  sells  that  duplicating  ink  ? 

A.  General  manager,  secretary  and  treasurer. 

Q.  You  call  it  the  Electro  Chemical  Company, 
don’t  you?  A.  Yes,  sir. 

Q.  Before  you  became  the  secretary  and  mana¬ 
ger  of  tlie  company,  what  was  your  business? 

A.  I  was  assistant  electrician  of  the  Atlantic  and  2369 
Pacific  Telegraph  Compnny. 

Q.  How  long  did  you  occupy  that  position  ? 

A.  About  a  year  and  a  half. 

Q.  What  was  your  business  before  that? 

A...  General' manager  of  the  Automatic  Telegraph 
Company. 

Q.  How  long  were  yon  general  manager  of  the 
Automatic  Telegraph  Co.? 

A.  Well,  T  don’t  know  exactly  how  long  I  occu¬ 
pied  that  particular  position.  1  occupied  the  posi¬ 
tion  of  general  supervisor  of  the  automatic  tele¬ 
graph  system  and  apparatus,  and  finally  of  the 
line  after  it  was  open  for  about  finite  years. 

Q.  When  was  the  line  opened  for  business  I 

A.  1  think  on  the  1st  of  January,  1S73. 

Q.  flow  long  previous  to  the  Istof  January,  1873, 
had  you  been  acquainted  and  familiar  with  the  bus¬ 
iness  of  telegraphy,  and  in  what  capacity  ? 

A.  Previous  to  January,  1873,  about  sixteen 
years. 

■  Q.  You  began  ns  an  operator,  1  think  ? 


780 


A.  Yes,  sir. 

Q.  You  have  been  practically  a  telegraph  opera¬ 
tor  yourself? 

A.  Yes,  sir ;  for  twenty  years. 

Q.  Then  you  subsequently  look  charge  of  this 
Automatic  Telegraph  Company's  business  ? 

2371  A.  Yes,  sir. 

Q.  You  hud  charge  of  that,  did  you  not,  during 
the  entire  time  that  that  company  lmd  a  separate 
and  active  existence  1 

A.  I  laid  charge  of  it  from  the  fall  of  1871  ;  there, 
had  been  some  experimental  work  done  previous 
to  that  when  I  was  not  here. 

Q.  When  you  became  assistant-electrician  of  the 
Atlantic  and  Pacific  Telegraph  Company,  what 
part  of  their  business  did  you  have  charge  of? 

A.  I  was  appointed  to  that  position  .with  special 
reference  to  putting  the  automatic  into  operation  on 
their  lines. 

Q.  Now,  in  the  course  of  this  experience  which 
you  thushad,  state  whether  or  not  you  have  obtained 
a  practical  familiarity  with  the  actual  working  and 
operation  of  the  automatic  system  of  telegraphy  t 

A.  A  thorough  one  ? 

Q.  Have  you  examined  this  drawing,  Exhibit  V. 
of  which  there  is  a  copy  on  the  black  board  ? 

A.  As  it  is  there. 

Q-  Ihrj  Icrstand  the  drawing  and  the  plan 
represented  by  it? 

A.  Yes,  sir! 

Q.  I  Think  you  heard  the  testimony  or  Mr.  Van- 
23*3  Hovenbtirgli  in  regard  to  it  ?  A.  All  of  it. 

Q.  And  of  D’Tnfrevilie?  A.  I  did. 

Q.  Is  it  of  any  practical  advantage,  and,  if  so, 
wlmt,  to  operate  a  line  of  telegraph  exclusively  on 
the  automatic  and  chemical  system  of  transmission 
which  has  been  described  in  the  course  of  the  case, 
uiul  which  you  have  stated  yourself  to  be  familiar 

with  <  . 

A.  Exclusive  of  the  Morse  or  any  ai>uaratus  for 
signalling? 


Q.  Yes.  A.  No  value  whatever. 

Q.  Why  not? 

A.  In  any  system  of  telegraphy  it  is  necessary 
that  the  two  operators,  ono  at  the  transmitting  end 
and  the  other  at  tile  receiving  end,  shall  have  some 
means  of  full  communication  between  each  other,  so 
that  one  shall  be  apprised  of  what  the  other  is  do-  2874 
ing  or  about. to  do  iu  the  transmission  of  messages 
— the  cessation  of  transmission,  etc. 

Q.  What  is  the  general  course  of  the  day’s  busi¬ 
ness  iu  the  actual  working  of  a  telegraph  line  ? 

A.  Well,  it  commences  uL  the  minimum  at  eight 
o’clock  inthe  morning, inemses  gradually  until  about 
twelve,  and  continues  about  tile  same  then  till  three, 
probably  a  little  longer  in  some  cases.  You  can¬ 
not  exactly  duliueit,  for  the  reason  that  it  is  differ¬ 
ent  in  different  offices.  That  is  about  the  way  that 
it  comes  in  New  York  offices,  and  it  falls  off  again 
after  three  until  six. 

Q.  That  would  be  substantially  the  same  in  any  iA'° 
huge  offices  in  this  country. 

A.  oil,  yes ;  tile  greatest  volume  of  business,  of 
course,  is  in  the  middle  of  the  day. 

Q.  Now,  in  the  practical  conduct  of  the  business 
of  the  line,  bow  would  you  employ  this  automatic 
system  that  you  have  spoken  of  and  the  Morse  sys¬ 
tem  in  combination  ? 

A.  The  ordinary  automatic  and  Morse  combina¬ 
tion  ? 

Q.  Yes.  I  nm  not  speaking  now  of  the  quadru- 
plex  or  any  contrivance  of  that  sort,  but  independ¬ 
ently  of  that,  how,  in  the  practical  conduct  of  the  2371; 
business  of  the  line,  do  you  And  it  most  desirable 
and  advantageous  to  combine  the  two  or  use  the 
two  together? 

•  A,  You  mean  that  electrically.  I  suppose.  There 
can  be  two  answers  given  to  the  question  as  it  is 

P"q.  I  ask  tile  practical  conduct  of  the  business  of 
the  line:  how  you  do  it  in  transmitting  messages? 

A.  I  use  the  Morse  ns  1111  auxiliary  to  the  autol 


741 


740 

mntic,  to  convoy  to  tho  operator  a  t  the  receiving  end 
tlio  fact  tiiat  I  desire  to  send  him  messages. 

By  the  Court : 

Q.  Eor  the  pill-poses  of  communication  between 
tile  operators  as  to  tlio  mode  of  doing  business  i 

A.  As  to  tile  mode  of  doing  business,  and  also  for 
the  purpose  of  explaining. 

Q.  It  is  not  for  the  purpose  of  transmitting  tlio 
message  that  is  to  lie  sent,  but  for  the  purpose  of 
ascertaining  whether  that  message  is  correctly  sent  i 

A.  Well,  it’s  both.  We  send  a  message  by  the 
automatic,  and  follow  it  up  by  a  message  by  the 

Q.  Kejieat  the  message  ( • 

A.  No;  a  dilferent  message. 

Q.  The  automatic  is  for  the  purpose  of  sending  a. 
message  to  he  transmitted,  and  tlio  Morse  for  the 
2878  purpose  of  communication  between  the  operators  as 
to  the  manner  of  doing  the  business  and  correcting 
errors  and  notifying  of  false  signals,  etc. '( 

A.  Yes,  sir. 

By  Mr.  Wheeler : 

Q.  Now  in  regard  to  the  period  of  the  day  and 
the  state  or  file  business  in  which  you  would  use 
one  or  the  other,  how  do  you  in  practice  lind  it  nr- 
Imilly  most  advantageous  to  use  the  one  or  the 
other f 

A.  In  the  morning  and  up  to  about  It  o’clock,  in 
eg!-.,  Practice  the  Morse  has  sufficient  capacity  to  carry 
llie  business;  after  that  time,  and  up  to  3  or  4 
o’clock  in  tlienfternoon,  an  increased  capacity  is  re¬ 
quired,  and  then  tlio  automatic  is  brought  into  play. 
After  that  the  business  is  again  done  by  the  Morse, 
and  tile  automatic  operator  relieved  for  other  work. 

Q-  And  by  combining  the  two  in  that  way  that 
you  have  just  detailed,  you  would  find  a  practical 
economy  and  advantage  in  the  use  of  your  operat¬ 
ors  and  employees  (  A.  Very  great. 


Q.  Before  Mr.  Edison’s  improvements  were  made 
in  tlio  automatic  system  of  telegraphy,  state  wheth¬ 
er  or  not  in  practice  messages  could  he  transmitted 
by  it  as  rapidly  as  by  the  Morse  system  upon  it 
line  ? 

A.  On  a  line  from  here  to  Washington,  300  miles,  a 
message  could  actually  be  transmitted  over  the  wire-®®® 
more  rapidly  than  by  the  Morse,  lint  it  could  be 
handled  quicker  by  the  Morst  from  the  sender  to 
the  receiver  of  the  message. 

Q.  What  were  the  practical  improvements  which 
Mr.  Edison  made  in  that  automatic  system  of  tele¬ 
graphy  ? 

A.  Tlie  perforator,  chemical  solution  for  the  re¬ 
ceiving  paper,  and  compensation  for  the  static 
charge  of  the  wire. 

Q.  Now  in  practice,  ill  thu  actual  conduct  and 
iniiiiugetiieiit  of  the  line,  what  effect  did  those  in¬ 
ventions  of  Mr.  Edison,  as  applied  in  your  com-ggg] 
puny,  have  upon  your  capacity  to  do  business  upon 
tlie  line  1 

A.  Increased  it  very  largely,  made  the  automatic 
system,  us  a  system,  a  practical  thing. 

Q.  Did  you  find,  in  practice,  that  these  inventions 
were  equal  to  tlie  work  for  which  they  were  seve¬ 
rally  designed,  and,  if  so,  to  what  extent? 

A.  Tho  perforator  and  recording  paper  were— the 
invention  for  compensating  for  the  static  charge  of 
the  wire  failed  at  certain  limits,  certain  length  of 
line,  in  this  country. 

({.  On  what  limits  i 

A.  It  would  vary,  according  to  the  speed  to  be  2382 
required-  If  you  wanted  000  words  a  minute,  which 
you  have  to  have  for  margin  of  effective  operation, 
it  would  cease  at  300  or  100  miles— beyond  that  you 
could  not  get  (lie  necessary  000  words. 

Q.  Now  when  you  speak  of  000  words  a  minute, 
you  speak,  as  l  understand  you,  of  the  actual  speed 
of  transmission.  A.  Yes,  sir. 

•  Q.  Now  take  tlie  circuit  of  the  length  of  300  miles 


742 

on  which  you  wore  able,  by  using  these  inventions 
.  of  Mr.  Edison,  which  you  have  mentioned,  to  trans¬ 
mit;  words  during  the  actual  processor  transmission 
nt  the  rate  of  f>()»  wolds  a  minute,  wlmt,  in  pinutice, 
were  you  able  to  do  upon  that  line,  in  an  hour,  in 
reference  to  the  speed  of  transmission  ! 

‘  28, S3  A.  About  12001)  wcrds. 

Q-  How  ninny  words  would  that  bo  in  a  minute 


.  200. 


Q.  Now  take  a  circuit  or  fiOO  miles,  what  actual 
speed  of  transmission  were  you  able  to  accomplish 
.  in  a  circuit  of  that  length  t  ' 

A.  200  words  u  minute,  providing  the  wires  were 
in  good  condition. 

Q.  Wlmt  was  your  average  speed  of  transmission 

daring  an  hour,  during  business  hours  on  that 
length  of  circuit ' 


A.  I  i 


r  had  a 


circuit  that  length  to  work 
0..„  .  ->(.,()  "  ol  ,ls  !  1  lluver  had  a  circuit  that  length  in  con- 
-064,1, ii„nj  such  that  1  could  do  200  words— the  average 
would  be  about  80  or  00. 

Q.  That  is  on  a  circuit  of  BOO  miles  1 

A.  A  circuit  of  BOO  miles. 

Q.  io  what  is  this  difference  between  the  aver¬ 
age irate  at  which  the  business  was  actually  done, 
and  the  possible  rate  of  transmission  during  anv 
particular  minute,  due  ? 

A.  It  is  greater  on  short  circuits  than  on  longer 
ones  ;  do  you  refer  to  the  Buffalo  circuit  { 

Q.  Take  it  on  any  circuit— the  difference  between 
in  thebest  rale,  and  the  average  rate,  the  business 
2380  "ar  ,U’"e’  tH  wllut  »™»  that  duel 

,,,,  ,  0  tllu  ,,BCCssity  for  frequent  interruptions. 

1  he  shorter  the  circuit  the  more  promptly  tliebusi- 
tess  must  be  handled  ;  fewer  messages  are  put  on  a 
reel;  therefore,  the  actual  carrying  capacity  of  the 
W  ire,  and  the  amount  of  business  actually  got  over 
i  was  very  much  less  in  proportion  to  the  actual 
..  pmitj  of  the  circuit  than  it  would  be  on  the 
■  Buffalo  circuit,  the  longer  circuit. 


743 

Q.  Would  it  bo  ndviintngumis  in  tho  actual  con¬ 
duct  of  the  business  of  telegraphy  to  use  such  a 
contrivance  as  that  which  is  shown  in  Exhibit  V, 
of  which  a  copy  is  on  the  black-board ' 

A.  Yes,  sir. 

Q.  How ;  in  what  respect  would  it  he  advantage¬ 
ous,  and  how  would  you  use  it  in  the  actual  con- 28 
duct  of  business  i 

A.  ft  provides  another  wire,  as  it  were,  for  mak¬ 
ing  the  signals  and  making  corrections  of  messages, 
and  all  that  sort  of  thing,  without  interrupting  the 
automatic  transmission,  which  can  go  on  contin¬ 
uously  . 

Q.  On  which  side  would  it  be  practically  advan¬ 
tageous  to  usu  the  automatic,  and  on  which  the 
Morse  1 

A.  On  the  neutral  side  tho  automatic,  and  the 
polarized  side  the  Morse. 

Q.  To  what  extent  would  the  capacity  of  the  wire  • 
be  increased  practically  by  the  use  of  the  eontriv-  28 
a  aces  which  are  shown  in  that  Exhibit — take  for 
example,  in  the  first  place,  a  circuit  of  about  300 
miles  in  length,  or  about  that  length  1 

A.  Giving  a  speed  of  fillO  words  a  minute  on  a 
circuit  of  3(H)  miles,  as  r  bat  e  shown  before  on  a 
plain  automatic,  it  would  be  reduced  in  practice  to 
about  200  words  a  minute  to  keep  it  continuously 
running,  or  as  nt  t  I  uiing  as  it  would  be 
possible  by  any  method  to  keep  it,  \  on  would,  at 
least,  double  that,  or  get  400  words  a  minute  on  the 
automatic  side,  that  is  in  one  direction.  That  would 
be,  say  a  gain  of  100  pci-  cent.  2S 

Q.  If  it  were  duplexed  ! 

A.  You  would  make  a  still  greater  gain  in  propor¬ 
tion,  for  the  reason  that  you  would  get  400  words 

Q.  From  the  other  direction  i  _ 

A.  Front  the  other  direction,  which  would  be  a 
still  greater  gain. 

Q.  .How  would  it  be  on  a  circuit  of  100  miles  in 
length,  such  as  a  Philadelphia  circuit  I 


A.  I  lie  gum  would  be  greater  there,  or  course,  be- 
cause  of  doing  away  with  the  greater  interruption. 
Having  a  capacity  or  800  words  a  minute  between 
lieroand  Philadelphia  you  could  keep  it  running  at 
near  that  constantly,  and,  or  course,  transmitting 
more  matter,  the  gain  would  lie  greater. 

8f  Q.  Have  you  ever,  in  the  practical  conductor 
your  automatic  line,  had  occasion  to  employ  a  mag- 
net  like  this  magnet  0,  shown  on  the  drawing,  in 
connection  with  the  automatic  receiver  in  a  shunt 


Q.  "'hat  do  you  find  the  practical  operation 
a  magnet,  likoO  on  the  drawing,  in  connection  with 
shown  W5':eivo,‘  11  circuit,  ns  also 

A.  It  sharpens  the  characters  —  makes  them 
more  clear  and  distinct. 

90  i  ^  Imvu  J’°»  ever  employed  an  overflow 

Ham  m  tlie  practical  conduct  of  an  nutomiitio  line  I 
A.  Always. 

Q.  At  which  end  have  you  round  it  in  practice 
most  desirable  to  employ  it  ? 
n  t'-nnsmittmg  end,  almost  wholly. 

r 1  What  has  been  Hie  practical  advantage 
of  employ, ng  itat  the  transmitting  end  ? 

A.  Heuause,  the  work  which  it  is  designed  to  do 
is  largely  at  that  end— tliree-foiiitlis  of  it. 

Q-  Explain  1 

terv-  l’ll°  "10»>entary  impulse  sent  from  tile  bat- 
rt/Jn  f  '1?  raPW  signalling  of  untonm- 

J  1  v  n'ni  °"S  i  wire  fo  keeomc  statically  charged  ful- 
‘L  y  ”  H,°  ])oUlt  wf  iu,|ctlon  of  tho  line  with 
l«t  <leclines  in  J-eguliir  plane  bom 

at  point  or  junction  to  the  distant  end  or 
iu  J •so„  tllat  tliree-toiirtlis  or  that  churgo 
overflow  ilnn"**1  hn.,(.  of  tl,e  wir«.  •»'«!  this 
for  .  o  J,,'ovul,"g  «i  means  of  escape 
isLeae  t  l'rtn  0Urt,1S  ilt  Ihe  end  ilt  which  it 
liot  to  ,  ’  "  °"*8  ,t  t°  escape  at  that  end,  und 

t0  ""vers"  the  ontb'o  length  of  tlie  wire  and 


pass  through  tlie  receiving  paper  in  a  sluggish 
maimer  and  cause  a  tailing. 

Q.  Have  you  Imd  any  practical  experience  with 
tlie  use  ot  two  pens  ill  a  chemical  recording  instru¬ 
ment,  such  as  is  shown  at  X,  in  tlie  drawing? 

A.  Yes,  sir;  I  have  used  two  pens,  but  not  ex¬ 
actly  in  Hint  connection— not  for  that  purpose.  2892 
I  have  frequently  used  two  peas,  however. 

Q.  Well,  ill  (lie  practical  work  of  recording,  did 
you  use  them  as  they  were  used  there  j 

A.  Yes,  sir. 

Q.  Did  you  And,  in  practical  operation  that 
there  was  any  difficulty  in  reading  the  marks— tlie 
signals  that  were  recorded  by  those  two  pens  ? 

A.  Oil,  no ;  not  in  tlie  way  I  used  them. 

Q.  Would  there  he  any  difficulty  in  the  opera¬ 
tion  ot  tlie  method  shown  in  Exhibit  Y,  its  you 
have  described  it  hero  ?  A.  I  seu  none. 

Q.  State  whether  the  facts  and  figures  which  you 
hare  given  to-day  are  the  result  of  a  calculation  on  ‘ 
your  part,  nr  whether  they  are  the  result  or  your 
own  practical  experience  which  you  have  detailed  i 

A.  My  own  actual  experience  ;  I  never  make  cal¬ 
culations. 

Q.  Are  you  acquainted  witli  a  system  of  tele¬ 
graphy  in* which  the  transmission  is  itoi  i  t  i  1 
the  reception  of  tlie  signals  is  magnetic  ? 

A.  Yes,  sir. 

Q.  State  whether  or  not,  by  the  application  of 
tlie  devices  which  are  shown  in  Exhibit  V  to  such 
an  niitnmnlic  system  ns  that,  any  advantage  would 
be  gained  practically,  and  if  so,  wluitl  2394 

A.  Tlie  advantage  would  lie  gained  just  iii  pro¬ 
portion  ns  tlie  capacity  ot  an  electro  magnet  is 
greater  than  tlie  capacity  of  a  Morse  operator,  to 
make  tlie  signals  or  write  them  with  a  pen,  which 
is  within  hounds  to  say  fiO  per  cent..  1  suppose. 

Q.  In  actual  practice  in  the  working  of  a  magnet 
like  O,  in  connection  with  an  electro  chemical  re¬ 
ceiver  in  a  shunt  circuit,  have  you  employed  a 
single  spool  or  a  double  spool  magnet  ? 


A.  .The  ordinary  double  spool  magnet— regale 
horseshoe  shape.  • 

Q.  So  that  in  this  which  is  shown  ns  n  sing! 
magnet,  it  is  simply  a  side  view— the  other  spot) 
is  on  llio  other  side  1 

A.  Undoubtedly,  ns  there  is  no  t  I 
used  in  a  quadruples. 

Q.  It  is  the  smile  as  till's  wliicli  is  shown  in  tlia 
view,  marked  electro  magnet,  as  a  doable  spool  (re 
terring  to  Exhibit  V)  ?  A.  Yes. 

Q.  That  remark  would  apply  to  the  sounders  I 
unci  T,  which  is  also  shown  on  this  drawing Exliibi 
V  i  A.  Yes,  sir. 

Qross-examinalion  by  Mr.  Dickerson. 

Q.  The  last  machine  or  system  that  you  talk  o 
is  having  what  brother  Wheeler  calls  automatic  in 
me  end,  and  magnetic  at  the  other,  was  Wheat 
done's,  was  it  not?  A.  No,  sir. 

Q.  What -was  it?  '  ' 

A.  An  apparatus  lately  devised  by  Mr.  Edison. 
Iiimseli. 

Q.  It  is  not  in  use  ? 

A.  Well,  he  is  using  his  best  efforts  to  get  it  ii 

Q.  It  is  not  in  use  ?  A.  No,  sir  ;  not  yet. 

Q.  We  are  speaking  of  systems  that  are  in  use 
or  I  supposed  we  were  ? 

A.  lie  did  not  so  frame  his  question. 

Q.  That  is  what  you  meant.  Something  that  Mr 
Edison  had  invented  ? 

A.  T  was  alluding  to  that  particularly  ;  yes,  sir 

Q.  What  was  that  i 

A.  It  is  a  contrivance  for  receiving  a  messagi 
automatically,  embossing  it  on  a  piece  of  paper 
and  using  those  embossed  characters  for  transmitt 
ing  it  into  another  circuit,  so  that  the  machine  itsel 
becomes  an  automatic  magnetic  receiver  and  ni 
automatic  transmitter. 

Q.  In  so  far  us  it  is  an  automatic  receiver,  it  ii 
substantially  the  Morse  telegraph,  isn’t  it  ? 


A.  Precisely;  yes,  sir;  .substantially  the  Morse 
telegraph;  substantially  the  Morse  register,  but 
not  the  Morse  telegraph  as  commonly  used. 

Q.  There  is  no  such  thing  us  a  Morse  telegraph 
commonly  used  at  all,  is  there? 

A.  Well,  putting  that  construction  on  it,  there 
is  not.  .  2! 

Q.  There  is  no  such  thing  as  a  Morse  telegraph, 
commonly  used — it  is  a  telephone,  a  sounder? 

A.  Yes,  sir  ;  the  sounder  is  a  telephone  strictly. 

Q.  The  Morse  telegraph  disappeared  from  use  a 
good  many  years  ago  i 

A.  The  Morse  register  did,  the  recording  itistru- 

Q.  The  instrument  that  writes  at  a  distance,  dis¬ 
appeared  many  years  ago,  the  electro-magnetic  tele¬ 
graph  ? 

A.  No ;  they  are  in  use  very  largely  in  this 
country,  yet,  to-day.  2< 

Q.  In  some  places  where  the  opera  tors  can’ tread, 

I  suppose? 

A.  Where  they  can’t  read  by  sound,  of  course — 
that  is  the  object. 

Q.  But  in  all  the  great  business  of  the  country, 
it  is  done  by  telephone? 

A.  The  telegraph  companies  use  the  sounder. 

Q.  So  t  luit  as  a  general  proposition  the  telegraph 
has  disappeared  ? 

A.  The  great  majority  is  done  by  the  sounder  or 
telephone  as  you  call  it,  and  the  smaller  quantity 
is  done  still  by  the  Morse  register. 

Q.  Because  the  receivers  can't  read  by  sound  in  2- 
those  cases  ?  A.  Yes,  sir. 

Q.  Now,  the  thing  you  have  described  to  the 
Court  is  an  automatic  and  an  electro-magnetic  re¬ 
ceiver,  embossing  the  message  upon  paper— that  is 
the  thing  you  have  described  ?  A.  Yes,  sir. 

Q.  That  is  the  original  Mr  is  tele,i  ]l  Isn’t  it  1 

A.  Not  in  its  entirety. 

Q.  Why  not?  Didn’t  the  original  Morse  tele¬ 
graph  have  an  automatic  transmitter  i 


A.  Perhaps  it  did,  but  not  in  that  shape. 

Q.  It  had  n  transmitter  by  making  and  breaking 
le  circuit  by  means  of  an  automatic  instrument, 
id  n't  it.  A.  Well,  I  don't  know. 

Q.  Lot  me  see  what  your  dillieulty  is  in  saying 
heritor ttioy  nro  alike  or  not  ?  What  is  your  trans¬ 
it  ler  that  you  have  just,  now  been  describing? 

A.  Tlie  transmitter  is  this:  haring  received  the 
lnmctorsnnd embossed  them  upon  Ihoelertro-mng- 
L*lic  receiver  or  embosser  ns  we  call  it,  those  emboss- 

1  elm  1  III  t  sol  spring - 

Q.  I  don’t  care  about  that ;  1  am  going  to  the 
‘tier  end  ;  go  back  to  the  original  sundiug  end  of 
in  apparatus  that  resulted  in  the  embossed  clmrac- 
>rs ;  do  you  understand  that  ? 

A.  It  may  be  two  things;  it  maybe  the  Morse 
Iterator,  or  it  may  be  one  of  these  machines  itself. 
Q.  You  said  to  the  Court  that  there  was  a  case 
f  automatic  transmission  ?  A.  Yes. 

Q.  An  automatic  receiver?  A.  Yes,  sir. 

Q.  Now,  I  want  you  to  tell  tin*  Court  what  you 
leant  by  automatic  transmission — what  was  it  t 
A.  I  mean  the  apparatus  which  autonuitically 
nnsmits  these  characters  which  have  previously 
jen  embossed  on  this  sheet  of  paper. 

Q.  Then,  you  didn’t  mean  by  what  you  said,  to 
■11  the  Court  that  the  instrument  had  an  niltonm- 
«  transmitter  at  the  place  where  the  message  orig- 

A.  At  the  place  where  the  message  originated  it 

Q.  Then,  I  want  to  know  what  that  automatic 
mnsmitter  is? 

A.  Precisely  the  thing  that  I  have  described. 

Q.  Wlint  is  it? 

A.  AVlmt  you  mean  is,  that  the  message  origin- 
lly  sent  is  not  translated  from  the  despatch,  which 
»:  handed  in  by  the  customer  himself  to  the  lino 
lirectly  in  an  automatic  way— I  agree  with  vou  in 
lint. 


fact  you  had  in  your  mind  when  you  answered  l lie 
qttcst’nu,  and  stated  to  tliu  Court  the  iiiiichiuu  you 
intended  to  describe  by  tliu  words  "  automatic 
transmitter  and  magnetic  receiver — ”  T  want  you  to 
first  describe  the  thing  you  meant  by  “Automatic 
transmitter? 

A.  I  have  described  it  to  the  b.-st  of  my  ability.  It  2404 
isa  machine  which  is  made  to  open  and  close  the  cir¬ 
cuit  and  transmit  the  characters  that;  have  previous¬ 
ly  been  embossed  upon  a  sheet  of  paper.  It  is  auto¬ 
matic  in  its  action  in  so  far  as  the  impulses  of  Hie 
battery  are  conveyed  lo  the  line,  and  of  course  to 
the  receiving  instrument  at  the  distant  end,  by  the 
apparatus  itsclL 

Q.'Then,  if  I  understand  you,  the  message  being 
received  in  the  olliee  is  to  be  embossed  by  some  ma¬ 
chine  then;  upon  a  strip  1 

A.  No,  sir ;  upon  a  sheet  of  paper. 

Q.  (/f/y  the  Court.)— Is  it  perforated  paper?  2405 

A.  No,  sir;  it  isa  substitute  for  perforated  pa- 


u  by  a  substitute  for  per- 


Q.  Wlmt  do  you  n 
forateil  paper? 

A.  T  mean  that:  instead  of  the  paper  being  punc¬ 
tured,  entirely  perforated  and  a  portion  of  the  pa¬ 
per  taken  out’ that  then;  is  an  indentation  made  in 
the  paper,  which  amounts  to  the  same  thing  as  a 
perforation,  inasmuch  as  in  the  apparatus  ftw  re¬ 
transmitting  it,  there  is  a  little  point  that  comes  on 
and  drops  into  that  idenliitiou,  and  allows  thoexten- 
sion  of  that  point  to  close  the  circuit. 

Q.  Now,  when  the  message  conies  into  the  office  2400 
to  be  sent,  what  is  done  with  it  lirst  in  the  plan 
that  you  have  suggested  by  the  description  which 
vou  gave? 

A.‘ It  may  be  embossed  upon  a  sheet  of  paper 
locally  in  that  olliee,  or  it  may  be  transmitted  by  a 
Morse  operator  to  a  machine  at  a  distiiut  station 

and  there  embossed— either  one. 

Q.  For  transmission  ?  A.  For  transmission.  > 


Q.  I  don’ t 


anything— I  want  to  get  nt  the 


'  .  .  -  .  1 1  . 


rm  said  Mint  there  .was  mi  apparatus  or  system 
Inch  wns  automatic  as  a  transmitter,  and  magnetic 
ia  receiver?  A.  Yes,  sir. 

Q.  Now,  of  course,  yon  can  do  anything  with  a 
icssago  Mint  comes  in — you  may  burn  it  if  yon 
he,  hut.  1  want  to  know  what  part  of  the  system 
is  that  makes  it  niiit.ninticiit  the  moment  is  is  re¬ 
eved  into  the  office,  and  before  it  is  sent  over  the 
ne :  is  there  an  apparatus  for  embossing  the  paper 
le  same  as  for  punching? 

A.  Yes,  sir;  not  exactly  the  same  apparatus,  but 
is  n  similar  apparatus. 

Q.  An  analogous  apparatus  ?  A.  Yes,  sir. 

Q.  There  is  some  kind  of  apparatus,  which  being 
layed  upon  by  keys,  produces  an  embossed  strip 
i  place  of  a  punched  strip  ? 

A.  The  same,  only  there  are  no  keys — it  is  a 
ngle  Morse  key. 

Q.  Then  the  operator  by  a  single  Morse  key  puls 
lis  paper  in  and  embosses  it?  A.  Yes,' sir. 

Q.  And  he  can  emboss,  it  ns  fast  as  he  can  send  it 
rer  the  line?  • 

Q.  Yes,  sir;  lie  can  do  it  faster  because  it  is  a 
cal  operation,  and  there  are  none  of  the  conditions 
nit  exist  On  the  line  to  take  into  account;  he  lias 
Jt  got.  the  operator  at  the. other  end  of  the  line  to 
;ed.  The  embosser  is  much  slower  than  the  per- 

Q.  When  the  message  comes  into  the  office,  then 
le  person  who  is  going  to  emboss  has  a  Morse 
-y  ?  A.  Yes,  sir. 

Q.  And  ho  begins  and  works  down  that  key  just 
e  same  as  if  lie  was  going  to  work  a  message  ? 

A.  Except  a  little  faster  saving  in  delays. 

Q.  'L’lie  limit  whidi  a  mm  can  sound  over  all  or 
nary  machine  is  the  limit  at  which  he  can  work 


eline  fifty  words  a  minute  and  the  receiver  not  bo 
)le  to  receive  twenty  words  a  niinu  to.  . 


Q.  The.  car  can  take  faster  than  a  man  can 
sound? 

A.  Yes,  sir ;  but  the  ear  cannot  copy  down  a 
message ;  it  has  first  to  he  received  by  the  ear  and 
written  out.  A  man  can  not  write  out  with  tliopen 
any  faster  than  an  operator  can  send  witli  a  key. 

Q.  The  best  operator  rliatyou  have  ever  heard  of  2410 
can’t  send  more  than  40  words  a  minute,  cun  he  1 

A.  Yes,  sir ;  T  can  send  more. 

Q.  How  much  more  can  you  send  ? 

A.  42  or  48  words. 

Q.  How  long  can  yon  keep  that  up  ? 

A.  I  don’t  know  how  long  I  could  keep  it  up 
now  ;  there  was  a  time  when  I  was  in  practice  that 
I  could  keep  it  up  all  day. 

Q.  You  have  sent  48  words  a  minute  all  day  ? 

A.  I  have  done  it  for  13  hours — not  48  words  a 
minute  but.  pretty  close. 

Q.  There  was  another  man  a t  the  end  that  wrote 
it  out?  A.  Yes,  sir. 

Q.  If  you  had  sent  it  faster  than  48  words  a 
minute  he  could  have  written  it  out  ? 

A.  No,  sir ;  lie  might  have  t  wo  or  three  words,  but 
the  speed  of  one  is  about  equal  to  the  other.  There 
is  very  little  difference  between  the  ability  of  a  nnul 
to  write  with  his  pen  and  the  ability  of  a  man  to 
transmit,  with  a  key. 

Q.  They  being  about  equal,  the  fastest  r.ite  an 
operator  can  send  is  42  or  43  words  a  minute » 

A.  Yes,  sir. 

Q.  Yon  have  never  seen  a  better  late  than  that  i 

A.  I  have  seen  51.  2412 

Q.  And  you  have  seen  a  man  write  them  down  1 

A.  I  wrote  them  down  myself. 

Q.  Thordforo  51  words  can  be  written  down  ? 

A.  Yes,  sir. 

Q.  Now,  your  embosser  that,  embosses  paper 
can’t  do  any  such  work  ? 

A.  The  same  operator  would  do  that  certainly. 

Q.  Can  lie  oniboss  on  that  paper  as  fast  ns  he  can 
send  with  a  key?  A.  Undoubtedly. 


Q.  He  lms  got  to  do  a  great  deal  more  work  I 
in  working  a  circuit  ?  A.  How  so  ? 

■  Q.  lie  has  got  to  put  more  power  on  ? 

A.  lie  lias  a  local  instrument,  anil  lie  can  pu 
all  the  power  he  wants. 

Q.  Then  he  can  work  as  fast  as  though  he 
113  sending?  A.  Faster. 

Q.  After  he  lias  got  his  paper  embossed,  i 
had  lioun  at  the  same  time  sending,  his  must 
would  have  been  delivered  at  the  other  end 

A.  Undoubtedly,  if  there  were  no  obstacles. 

Q.  So  that  at  the  time  begot  done  with  his 
bossing  he  might  have  had  the  message  at 
other  eml,  in  the  hands  of  a  messenger  hoy  ? 

A.  if  there  were  no  other  obstacles— if  the 
was  ready  at  his  command,  which  it  very  sehloi 


else  working  it. 

Q.  Hut  1  am  ■: 
supposing  that  f. 


ig  a  man  a  line  to  work — 
man  has  a  line  to  work — 
o  the  oflice  with  a  taessag 


A.  Taking  a  single  message — supposing  a  li 
always  ready  for  that  particular  mail— there 
necessity  for  quadruple  X,  or  anything  else,  if 
have  got  a  single  message  only. 

1).  Suppose  1  have  got  as  many  messages  bro 
into  'the  office’  as  a  single  man  can  take  i 
straight  along,  from  the  rising  of  the  sun  tc 
going  down  thereof,  to  transmit  the  messages. 

A.  Then  they  have  got  to  follow  each  other. 

Q.  Now,  the  man  that  is  operating  there  tliit 
hours  on  a  stretch  could  send  a  grcaL  many,  i 
messages  than  if  he  began  and  embossed  them 
then  afterwards  put  them  thromrh  the  line? 


Q.  It  takes  two  men  to  do  the  work  of  one  by 
hat  method  ? 

A.  No  ;  not  by  any  moans;  the  man  who  is  em- 
mssing  messages  is  not  embossing  for  that  partic- 
tlar  circuit  all  the  time,  anil  as  he  is  working  1<>-  2416 
ally  lie  is  never  interfered  with  by  other  operators ; 
ind  lie  can  preparu  messages  for  that  and  other 
lireuits  running  out  of  the  office  at  that  time,  so 
hat.  his  time  is  fully  occupied. 

Q.  So  that  a  man  who  has  not  got  any  wire  to 
vorlt  on  can  got.  messages  ready  Tor  the  wire  when 
t  is  ready? 

A.  No ;  I  mean  that  when  one  wire  is  fully  oc- 
mpied  with  messages  being  transmitted  this  man 
inn  prepare  messages  for  another  wire  not  occupied  ; 
his  man  does  work  tor  two  or  three  wires. 

Q.  Hadn’t  lie  better  go  to  the  other  wire  nnd^- 
, voile  it  in  the  place  of  embossing  messages  ? 

A.  No,  he  could  not— there  is  already  an  operator 
here.  ,  . 

Q.  Then  you  have  got  all  yonr  wires  occupied 
nid  somebody  else  is  embossing  ? 

A.  The  idea  is  yon  are  fully  utilizing  the  capa¬ 
city  of  that  Morse  operator  to  emboss  where  if  you 
set  him  at  any  particular  wire  you  would  only 
have  him  busy  half  the  time. 

Q.  When  he  is  out  of  a  job  on  his  particular 
wire  he  can  go  to  embossing  ?  A.  Me  can. 

Q.  Why  don’t  he  continue  at  it?  ; 

A.  ft  he  was  out  of  a  job  he  would  have  no. 41  f 
message  and  lie  would  emboss  for  some  other  wire. 

Q.  Every  man  is  doing  his  own  business-the 
operator  to  Boston,  takes  care  of  the  Boston  wile 
the  operator  to  Albany  lakes  care  or  the  Albany 

'*A.?  There  is  another  element;  l  say  by  this 
method  you  get  an  increased  capacity. 

Q.  Mr.  Morse’s  plan  was  the  same,  it  was  m 


with  thu  transmitter  by  mun  occupied  in  that  busi¬ 
ness  ami  when  they  aro  sot  up  they  are  handed  to 
the  electrician  or  operator  and  ho  slioote  them  over 
the  line  just  the  same  as  the  paper  perforated  nut- 
eliine  does. 

A.  1  don’t  know — that  may  have  been  the  Morse 
24 10 plan,  bat  it  is  not  this  plan. 

Q.  Tile  difference  is  hero  ;  you  use  embossed  pa¬ 
per  instead  of  setting  of  type ?  A.  Yus,  sir. 

Q.  You  have  got.  typo  setters  that  rail  set  120 
words  a  minute,  haven't  you  ! 

A.  r  don’t  know  anything  about,  typo  setting. 

Q.  If  you  have  got  a  type  setter  that  would  set 
t20  words,  it  would  work  faster  than  your  system  i 


A.  I  ci 


ir  that. 


Q.  Your  embossed  system  is  the  one  you  think 
Exhibit  “V”  would  be  particularly  useful  with  t 

A.  If  there  is  a  difference  between  the  capacity 
of  the  Morse,  and  the  capacity  of  an  electro  mng- 
-  -  net  to  receive  ;  then  you  can  increase  the  capacity 
of  that  qnadruplex  Morse  apparatus  just  bv  that 
difference,  whatever  it  is. 

Mr.  Dicl-nrxmi.—  And  you  can  increase  the  capa¬ 
city  of  a  single  Morse  wire  by  the  same  singly. 

Q.  Therefore  it  has  no  application  to  the  quad¬ 
ruples  i 

A.  Except  you  can  multiply  that  increase,  whul- 

Q.  If  you  hare  got  a  fast  method  of  transmitting 
a  message  you  can  send  four  times  ns  many  messa- 
2421  ges  by  the  qnadruplex,  and  you  can  take  advan¬ 
tage  as  much  in  the  one  case  as  in  the  other? 

A.  Precisely  so— the  faster  your method,  the 
greater  your  gain,  because  the  greater  the  amount 
or  business  transmitted  over  that  wire  the  more 
economical  it  becomes  to  have  special  operators,  to 
prepare  those  messages.  If  you  have  only  enough 
messages  to  keep  a  Morse  wire  constantly  at  work 
Kirn  a  Morse  operator  there  is  no  advantage  with 
any  automatic  system.  But  if  you  have  gotdoublo 


the  amount  of  business,  a  Morse  operator  can  trans¬ 
mit,  then  it  bucotnes  necessary  either  to  build  another 
wire  or  to  increase  tile  capacity  of  the  one  you 
have  got,  and  then  you  can  afford  to  put  on  special 
automatic  operators— attach  them  to  that  wire 
locally. 

Q.  In  other  words,  if  your  business  increases  in  2422 
your  oflice,  beyond  the  capacity  of  one  operator, 
and  one  wire  it  would  be  a  good  thing  to  increase 
the  operators '< 

A.  It  would  be  best,  to  increase  the  capacity  of 
them. 

Q.  Now,  if  I  understood  you,  you  said  that  your 
practical  experience — not  meaning  to  make  any 
calculations  yourself— your  practical  experience 
was  that  whereas  the  capacity  of  an  automatic  wire 
might  be  501)  words  a  minute  it  in  practice  came 
down  to  150  words  a  minute  ? 

A.  I  didn’t  say  150  words  a  minute,  but  "  " 2423 

Q.  Be  kind  enough  to  supply  me  with  the  fig¬ 
ure?  A.  200.  .  , 

y.  200  words  a  minute ;  and,  that  this  resulted 
from  the  Tact  that  you  had  to  transmit  by  the 
Morse  relay  messages  in  regard  to  the  conduct  of 
the  business.  You  made  that  statement? 

A.  Yes,  sir. 

Q.  And  therefore,  out  off)  hours  work,  you  can 

send  2  hours  automatic  and  3  hours  is  occupied  in 
chaffing  with  the  Morse  relay,  in  regard  to  the  bus¬ 
iness  that  has  been  sent  during  the  2  hours— mac 


is  vour  proposition  t  ,  - 

A.  If  you  put  it  in  that  way'  dint  is  the  practical 

Q.  So  that  after  having  got  mis  fast  system  of 
telegraphy,  in  point  of  fact  you  have  got  to  use  it 
Morse,  for  3  hours  out  of  every  5,  by  way  oi 
crutch,,  to  make  that  other  thing  work ! 

A.  To  make  it  effective-yes,  sir ;  I  agree  with 

yQ!  And  therefore  that  being  the  case,  they  have 


2424 


dii  these  lilies  practically  superseded  Hie  mitnimit- 

ic,  and  put  on  the  ordinary  Morse  duplex— to 
Boston,  Chicago,  Philadelphia  and  so  on,  haven't 
they ; 

A,  Well,  you  give  that  as  a  reason. 

Q.  You  knmv  that  as  a  fact,  don’t  you '! 

A.  Well,  only  to  a  certain  extent. 

Q.  If  that  is  tlie  fact,  the  reason  I  have  suggest- 

id,  would  la!  a  very  good  reason  for  the  fact, 
would  it  not  < 

A.  If  it.  was  the  fact  it  would  lie. 

Q.  You  think  upon  the  whole,  that  the  Morse  is 
i  better  machine  than  theantoiimlie.  notwithstand- 
ng  all  those  f>00  words  a  minute 't  A.  No,  sir. 

Q.  Don’t  you  think  sol 

A.  No,  sir;  I  think  the  automatic  is  very  val- 
lahle  in  connection  with  the  other,  and  of  no  value 
without ;  but  the  Morse  is  of  vnluo  without. 

Q.  You  have  said  the  automatic  was  of  no  value 
without  the  Morse —  is  it  because  you  cannot  get 
nick  the  “OK”?  A.  Perhaps. 

Q.  Is  there  any  trouble  in  getting  back  the  “0 
v  by  switching  out  your  receiver,  and  switching 
n  your  transmitter? 

A.  Such  trouble  as  to  make  the  whole  thing 


Q.  You  shunt  one  out,  or  cut  one  out  t 
A.  I  don’t  know  what  you  term  a  receiver— do 
t’ou  menu  a  Morse  instrument ! 

Q.  No,  sir ;  l  am  talking  about  your  automatic ; 
rou  have  got  out  your  automatic,  and  hiive  a  re- 
teiver  and  transmitter  at  each  end ? 


A.  It.  is  a  receiver  nnd  transmitter?  A.  i  cs,  sir. 

Q.  When  it  is  working  as  a  receiver  it  is  not  a 
tmnsinitter  ?  A.  No,  sir. 

Q.  When  you  arc  working  it  as  a  transmitter  you 
have  got  to  do  something  to  make  it  a.  receiver  and 
what  is  it  ?  You  have  got  a  message  received  and 
votir  ribbon  laid  by  and  now  yon  want  to  send  2428 
oho- — what  do  you  do  '  A.  The  first  thing  is  to 
acknowledge  the  receipt  of  the  one  just  received. 

Q.  No  matter  about  that.  A.  That  tides  matter, 
because  that  is  what  you  have  to  do. 

Q.  You  can  send  without  tliiit  acknowledgment  i 
A.  No,  sir;  you  cannot;  the  operator  at  the  other 
end  Won’t  receive  a  message  until  he  has  got  an 
acknowledgment. 

Q.  Now  he  has  sent  his  message  through  and  has 
stopped  and  he  has  put,  if  you  please,  at  the  end  of 
his  message  “O.  K.  >”  A.  On  the  end  othis  mes¬ 
sage  ;  no,  sir.  ....  2421 

Q.  There  is  nothing  to  prevent  him  doing  that  in 
the  constitution  of  the  United  States  I 

A.  No,;  sir;  but  the  telegraph  company  won  t 
let  that-  lie  done. 

Q.  They  won  t  let  a  man  send  at  the  same  time 
“this  is  alir  A.  No,  sir.  Q.  Whore  is  the  law  i  A. 

I  didn’t  say  there  was  any  law ;  it  is  the  rule  of  the 
Telegraph  Company.  Q.  What  is  the  object  of 
that  rule  t  A.  The  object  of  that  rule  is  to  pret  eat 
the  message  being  ackitowlcdged  as  “  0.  k.  when 
it  is  not.  O.  1  ask  about  tlie  rule  in  relation  to 
sending?  A.  I  say  the  acknowledgment,  has  got 
to  be  made  of  the  receipt  of  that  message.  - 

Q.  You  suv  it  is  because  of  the  rule  of  the  oilice, 
what  is  the  object  of  it?  A.  Its  object  is 
guarantee  that  the  message  has  been  receivut 
Q.  Let  the  man  know  that  the  message  has  been 
received  just  as  the  Morse  message  I  A- ^  ’ 

the  receipt  of  Morse  messages  are  not  acknowledged 
bv  the  receiver.  ,  .  . .  .  , .  :.. 

Q.  But  they  might  be  (  A.  there  is  no  j 


-  r 


W-  {!>!/ mb  Uourl.)— Suppose  tho rule  of  the  Tele- 
graph  Company  required  it? 

A.  It  is  not.  only  tho  l-ulo  but  Ihonernssity  of  the 
ease ;  otherwise  it  would  not  bo  known  that  tile 
message  was  received  and  the  operator  that  trans¬ 
mitted  it  would  bu  indoubt  and  would  refuse  to  do 
1  anything  until  it  was  remedied. 

Q.  The  sender  is  in  doubt  when  lie  has  ran 
his  ribbon  through,  whethor  tho  message  hasgone 
to  Philadelphia  or  has  spilleillout,  A.  Hois  indoubt 
whether  it  Ims  nil  been  received  or  only  a  part  of  it. 
A  part  of  it  only  may  have  been  received  ;  some¬ 
body  may  have  opened  a  key,  not  knowing  that  the 
line  was  in  operation  and  taken  two  or  throe  words 
out  of  it. 

Q.  Mow  when  the  man  Ims  got  his  last  word  that 
lie  is  sending  off  his  ribbon,  if  lie  punched  “O  K,” 
in  his  ribbon  and  that  went  to  Philadelphia,  the 
man  at  Philadelphia  would  know  then  that  that 
was  the  end  of  that  message,  wouldn’t,  he ' 

A.  He  would  know,  that  that  was  the  end  of  the 
message.  There  is  another  way  of  doing  it,  and 
that  is  by  sending  “  M.  M.  M.”  „-i,ieh  does  tho 
same  thing;  it  indicates  the  end  of  the  message- 


Q.  That,  having  gone  to  the  manat  Philadelphia 
he  knows  that  it  is  theclid  of  the  message? 

.  .  Acs,  sir;  lie  knows.it  by  seeing  the  circuit 
closed  and  a  long  straight  line. 

Q.  lie  would  know  it  by  the  same  signal  trans¬ 
mitted  automatically  > 

A.  We  will  admit  that. 

Q.  It.  is  true?  A.  Yes,  sir. 

Q.  And  that  his  time  lias  arrived  to  do  some¬ 
thing  ?  A. Yes,  sir. 

h,U  may  d"  t,,en  is  **»*■  !  he  mar 
,  ”  llttIu  fhl'  <>t  paper  with  “  O  K”  or  he  mnv 
jmko  any  other  symboi,  and  put  that  right  on  to 
las  automatic  .rnnsmitter  and  send  it  buck  ? 


A.  Yes  ;  but  how  long  would  it  take  him  to  do 
that  ? 

Q.  I  am  going  to  ask  you.  The  receiver  Inis  got 
in  his  hands  tho  littlu  slip  which  has  got  tho  pre¬ 
concerted  symbol  on  it,  and  he  puts  it.  into  his  in¬ 
strument  and  pulls  it  through,  and  that  will  send 
back  to  the  sending  end,  the  information  that  the  2134 
message  has  been  received,  won’t  it.  I  A.  Yes. 

Q.  No,  how  long  would  it  take  him  to  do  that  ? 

A.  About  foul-  times  as  long  as  it  would  take 
him  to  send  the  word  “O.  K.” 

Q.  How  long  will  it  take  him  to  do  that? 

A.  lo  seconds. 

Q.  Then  ill  lo  seconds  lie  can  get  it,  hack  to  the 
other  end  that  it  is  “O.  K.”  I  A.  Yes,  sir. 
g[Q.  Whereas,  if  lie  uses  the  Morse  Key  on  his 
lino  to  send  buck  “O.  K,"  lie  can  get  that  back  in 
wluit  lime  ? 

A.  If  lie  simply  lias  that  acknowledgment  to,^. 
make  and  nothing  else  he  can  get  that  back  in  two 
seconds. 

Q.  That  is  to  say  it  takes  15  seconds  to  put  this 
slip  in  and  pull  it  through  for  the  word  “0.  K.”  ? 

A.  Yes,  sir. 

Q.  Why  is  that  so  much  slower  when  you  can 
send  BOO  words  a  minute  on  a  continuous  reel  ? 

A.  It  is  not  a  question  of  transmitting  tho  signal, 

Imt  it  is  a  question  of  putting  the  tupu  in  which 
tlie  signal  is  perforated  into  the  instrument,  and 
preparing  for  its  transmission. 

Q.  All  you  do  is  to  put  the  end  of  the  tape  be¬ 
tween  the  reels  ?  248(1 

A.  That,  is  all.  but  it  takes  In  seconds.  First 
yon  raise  the  arm  from  the  receiving  instrument, 
and  you  take  that  block  off  and  you  put  the  cud  of 
the  tape—  first  vou  pick  it  up  from  somewhere  it 
is  not  in  there  ready— you  place  this  acknowledg¬ 
ment  in  position  ;  put  it  over  the  drum  ;  drop  that 
arm  down  on  it  and  transmit ;  and  then  you  raise 
the  arm  up  off  that  drum  prepared  to  do  the  next 
thing.  That  operation  takes  about  IS  seconds. 


Q.  Then  l.lio  “0.  K.”-  if  you  used  it  elioinienlly 
would  lake  about  Id  seconds,  and  if  you  used  it 
magnetically  would  lake  about  2  seconds,  on"  your 
theory  ?  A.  Yes,  sir. 

Q.  And  that  is  the  difference  between  using  the 
Morse  and  automatic,  to  do  the  same  thing  with  ? 

A.  hor  that  speei.ic  purpose,  that  is  tlio  differ- 

Q.  And  that  is  the  difference  that  uses  up  thu2 
liours  and  a  half  out  of  the  5  horn's,  isn't  it  t 

A.  No,  sir;  that  is  not  the  difference;  that  is  a 
rery  small  element. 

Q.  Wo  will  get  all  the  rest  of  the  elements ;  you 
my.  the  sending  of  the  “  O.K.”  takes  two  seconds 
o  a  reel  ? 

A.  Yes,  sir ;  if  it  is  done  promptly. 

Q.  You  make  up  a  great  many  messages  on  your 


A.  No,  sir;  we  do  not;  it  depends  upon  the 
engtli  of  your  circuit  entirely— for  Philadelphia  2 
nessages,  and  with  tile  circuit  to  Buffalo  10  or  12. 
Q.  If  you  have  a  dozen  on  hand  vou  only  make 


A.  you  Imre  got  a  dozen  messages  to  be  per- 
o niled,  and  you  keep  them  them  until  you  have 
lerforaled  them,  wo  will  say  that  you  have  de¬ 
emed  them  12  minutes.  Now,  ir  you  send  those 
messages  on  one  reel,  when  the  copyist  in  Pliila- 
lelplna  takes  the  12th,  he  has  got  tocopy  II  lefoni 
legets  to  the  end,  and  there  is  another  12  minutes 
V‘V  0I,  ?"*  "O'lntes  delay  on  the  last  message, 
tfes'  deit  ,<!,  "  iSU  "of  luive  had  over  !!  miii- 

•  J  |IL'i'°l'ol'(-‘,  all  things  consideivd,  it  is  more  ad 
an  ageous  to  cut  them  up  into  messages  of  two  ut  a 
tluul  to  su»d  tlio  whole, string  of  tliotn  1 


A.  Precisely  so. 

Q.  And  then  it  occupied !!  minutes  out  of  every 
in  getting  back  “O.lv's  !’’ 

A.  “O.K’s”  and  other  things. 
q.  Therefore,  you  have  got  to  have  to  practically 
crate  your  automatic  some  other  way  of  talking, 
nt  will  occupy  -I  hours  ro  every  2,  that  the  instru- 
mt  is  transmitting? 


. . .  ill  lex  as  possible;  1 

dee  it  as  little  as  possible,  by  employing  the  most 
pert  Morse  operators  I  can  Had  ia  the  country 
i-  that  particular  purpose,  so  as  to  consume  as  lit 
;  time  as  possible. 

Q.  Hut  you  have  sworn  to  this  Court  on  the  di 
ct  examination  and  re-utlirm  it  here,  that  as  i 
utter  of  fact  it  takes  you  three  hours  out  of  5  to 
i  that  with  all  the  experts  that  you  employ  1 
A.  Precisely. 

Q.  Wo  will  stand  by  Hint  at  present  1 
A.  You  have  not  explained  what  that  is.  a»H.v°l 
mi’ t  permit  me  to-vou  coniine  it  to  the  “0.  K. 
Q.  No,  I  do  not ;  1  coniine  it  lo  what  is  needfu 
i  be  done  1  ... 

A.  Coniine  it.  to  those  terms  and  I  agree  with  >  o. 
-wind  is  needful  to  be  done. 

Q.  It  is  needful  to  use  something  besides  the  an 
, malic  for  ii  hours  in  order  to  get  2  bonis  out  n 
le  telegraph  1  A.  Yes,  sir. 

Q.  Therefore  if  you  had  a  <  1>»  Mors'  , 
p  right  alongside  of  youimutoinatic  nnd  i.ndoi  bBO 
I  send  a  day’s  message  conUn, . ««sly  onthe«j« 

hi  tic,  the  Morse  would  Imve  to  "oik  i  . 
air  to  get  back  to  you  the  information 
A.  You  have  changed  your  propoitmns  - 
Q.  Not  in  the  least  as  I  undcrslii  aritlmictit 

isSSSSrsaa 

ive  the  necessary  information  i 


1.  mans  equal  10  n  day  mitomnlic  nml  n  day 
I  a  half  Morse '(  A.  Yus. 

>.  Therefore  you  would  waul;  a  lino  and  a  half 
lliusiduof  llio  automatic  to  oualile  it  to  work 
lintiously  i 

..  Certainly,  ir  yon  put  it  in  that  way. 

!•  Therefore  if  yon  laid  Ihequadruphix yon  have 
on  tlin  lilauklioard  working  at  ono  und  tliu 
•su  would  not  do  your  liiisinoss  ? 

••  Oh,  yes  ;  in  pul  ling  that  quudruplcx  t lions 
very  olijout  is  lo  avoid  dulays.  and  lo  reduce 

.  ’l  on  have  told  ns  that  you  had  lo  have  3 
is  of  Morse  to  2  hours  of  automatic — now  you 
‘got  an  instrument  on  this  blackboard  that  sends 
stMind  automatic  simultaneously  1 

Then  if  yon  sent  autoniatie  continuously  for 
ours  you  would  want  the  Morse  in  alongside 
ork  lift ecu  hours  to  get  back  I  A.  No.  sir. 
P«iy  tell  me  why  not  ? 

Because  tin:  necessity  for  this  great  iiumhcr 
gnals  here  by  this  method,  is  reduced  loa 


ie  other  way  a  message,  Inn  on  the  one  circuit 
are  sending  one  message  constantly  now,  and 
Have  got  a  Morse  operator  by  the  side  of  the 
inatic  operator,  wlm  will  notify  the  automatic 
i  or  if  anything  is  wrong,  and  unless  there  is 
theru  is  no  necessity  for  signalling 
*  1,,,a  is  not  the  case  on  a  plain  untie 

you  have  told  the  court  that  there  is  no 
oi  signalling  back  under  a  continuous 

01  aiCSS  IgGs  lllllcSS  the  receive.  Ilmls  some 


A.  Unless  the  receiver  linds  soinatliing  going 
rrong  there  is  no  occasion. 

Q.  Therefore  you  can  send  a  strip  of  mossnges 
ill  day  to  Philadelphia,  without  there  coming  hack 
iny  “  O.K.”  or  any  other  message  until  something 
inppcns ? 

A.  Until  something  happens  ;  yes,  sir. 

Q.  And  therefore  it  is  not  necessary  to  break 
hem  up  into  messages  of  two  and  get.  back  signals 
it  the  und  of  each  two  ? 

A.  Undoubtedly  it  is— you  have  not  provided 
my  means  of  breaking— interrupting  the  transmit¬ 
ting  operator,  providing  he  wants  to,  which  is  the 
point. 

Q.  Will  you  tell  ITis  Honor  this  truth  about  the 
i atomntic  machine,  namely  that  whenever  any¬ 
thing  goes  wrong  in  it  as  it  is  now  worked,  the  vo- 
jeiver  immediately  breaks  the  connection  and  stops 
—anything  wrong  at  the  receiving  end,  he  breaks 
his  connection  at  that  end  ? 

A.  Me  don’t  give  notice  lo  the  other  end  until 
the  other  end  has  stopped,  and  il  that  other  end 
ilidii’ t  stop  during  the  day,  he  couldn't  give  notice 
to  that  Other  end  until  the  day  expired. 

Q.  Whenever  there  is  anything  goes  wrong  with 
him— when  he  linds  something  wrong— he  finds  tin 
message  not.  coming— he  has  the  means  at  his  Im 
gers  to  break  the  circuit  1 

A.  ’He  has  not.  He  has  the  means  to  break  tin 
circuit,  but  not  to  notify  the  transmitting  operator 

Q.  But  the  other  man  at  the  other  end  know: 
the  circuit  is  broken  1  A.  No,  sir. 

Q.  Does  not  the  tell-tale  tell  him  that? 

A.  There  is  none  there. 

Q.  Don’t  they  use  a  tell-tale  on  the  automatic? 

A.  No,  sir. 

Q.  It  would  tell  it  they  used  it? 

A.  No,  sir;  f  have  used  20  of  them.  No  dovic 
yet  known  will  practically  tell.  ^  ou  can  so  a  jus 
it  there,  that  when  you  break  the  client  a  ll 
other  end  it  will  tell  now,  and  ton  minutes  lata 


704- 

may  not  tell  anything  about  it  in  practice.  Yon 
have  got  to  keep  adjusting'  that  all  the  time.  I 
have  tried  20  of  those  machines. 

Q.  The  gnlvonoineter  will  tell  I 

A.  No;  it  is  too  slow. 

Q.  Do  you  mean  to  say  that  a  galvanometer  set 
24  JO  over  that  wire  won’t  tell  you  the  difference  between 
the  time  when  the  cun-cut  was  flowing,  and  when 
not? 

A.  If  you  watch  if  closely  you  would  notice  the 
gradual  falling  oil  in  tho  current.  I  have  tried 
lately  galvanometers  especially  devised  for  tho  pur¬ 
pose,  and  I  found  in  some  twenty  odd  experiments 
"’hen  T  had  the  circuit  open  on  purpose  to 
do  this  very  thing— and  I  have  been  after  it  a  long 
time — I  have  found  that  I  couldn't  tell  within 
thrce-ipmrters  of  a  minute  generally,  and  some¬ 
times  within  two  minutes  when  that  circuit  was 
24D0  l,l"kul1  '<  iiml  then  only  by  watching  it  very  closely 
—a  tiling  that  is  practically  impossible  to  do  in 
ordinary  work— you  have  got  other  things  to 
watch. 

Q.  Then  you  say  as  matter  of  fact  here  that  tho 
tell-tale  won’t  give  the  information  when  the  lino 
is  and  when  it  is  not  working? 

A.  The  tell-tale  will,  ir  it  is  properly  adjusted, 
give  information  under  certain  conditions  when 
tile  line  is  and  when  'it  is  not  working :  now,  it 
..1"...sls  iidjiistinuiit  by  reason  of  the  atmospheric 
changes  on  t  he  wire,  and  there  may  ho  others  not 
necessary  to  call  to  mind  now;  hut  that  notilica- 
-451  tion  is  a  very  small  part  of  the  work  that  1ms  to  be 
done  which  consumes  this  three-liftlm.of  the  time. 

<).  l  ain  not  at  present  talking  about  any  lapso 
of  time  whatever ;  I  am  talking  upon  the  simple 
question,  and  1  want  that  answered  one  way  or  the 
other ;  does  or  does  not  the  tell-tale  at  the  trans¬ 
mitting  end  inform  that  oporntor  in  ease  the  line 
1ms  la  en  broken  ? 

A.  it  does  not  in  practice ;  in  flic  very  conditions 
that  existed  on  all  telegraph  linos  it  is  not  suffi¬ 
ciently  infallible  to  bo  a  practical  thing. 


Q.  Then  when  you  put  up  a  duplex  chemical  you 
can  always  send  right  back  over  thu  Morse  key, 
can’t  you?  A.  I.  don’t  see  it;  [  don’t  see  how. 

Q.  You  know  whether  it  can  be  done  or  not  ? 

A.  No ;  I  don’t  think  it  can  bo ;  a  duplex  chem¬ 
ical— what  do  you  mean  by  that.?  the  word  has 
been  used  here  as  meaning  a  continplcx.  2452 

Q.  I  mean  a  eontrnplux  t 
A.  It  could  not  be  done  without  interfering  with 
the  automatic  on  tile  other  circuit;  if  [you 
send  in  one  .direction  Morse  and  the  other 
wav  automatic;  a  chemical  [signal  from  one 
end  of  that  continplcx  would  interfere  with 
the  automatic  and  stop  it  precisely  the  same  as 
it  would  on  a  plain  line. 

(j.  That  is  precisely  the  same  problem  as  is  in¬ 
volved  in  Exhibit  V ;  it.  don’ t  help  the  matter  malt¬ 
ing  it  qmidruplox  ? 

A.  That  is  just  what  it  did-qiimlruplex  makes 
it  possible  to  obtain  a  practical  duplex  automatic - 
precisely  as  it  is  done  with  the  Hughes  printer; 
tho  quadrnplex  principle,  has  made  it  pnittii,alilt  ■ 
to  duplex  the  printer  and  other  systems  of,  line 
chmncter.  .  . 

Q.  Look  at  Exhibit  N.  Do  you  mean  to  say  that 
von  could  not  send  back  a  signal  from  a  Morse  key 
over  that  instrument  while  you  were  at  the  same 
time  transmitting  chemical  signals  from  the  oppo¬ 
site  end.?  ,,  , 

A.  I  don’t  see  any  Morse  key  or  any  -  ">*  ’ 

strnment  a  Morse  key  and  a  Morse  tot  u\  t  , 

J  a!  We  have  there  tli  t  111  11  1  t  n.  ' 

will.  It,  is  not  in  the  mechanical  circuit  « 
vou  are  working  automatic  the  chemical  (. 
a  complete  chemical  circuit,  mid  there  is  no  Mouse 
oirenit. 


mid  llio  Jlorsu  key  tit.  Hio  ot  her  end,  ami  send  coa- 
tmplox  Morse  ami  a  chemically  tliu  opposite  way? 
5  A.  I  don’t  know  wliothei-  yon  can  in  Hint  or  not ; 
I  should  not  judge  so  from  looking  at  it ;  I  know 
it  is  dillicnlt;  with  Hie  completu  automatic  system 
plain,  you  have  got  to  have  a  complete  Morse  sys¬ 
tem  plain  :  and  a  complete  duplex  eontrnplox  an- 
tonnitic  tun  only  be  obtained  wlion  yon  have  first  a 
complete  qiiadruplex  Morse  or  continplex  Morse ;  I 
don’t  rare  what  you  call  it.  When  working  Hie 
circuit  in  conjunction  with  each  other,  the  chemical 
I  i  I  nveys  no  intelligence  from  the  mind  of 
the  operator  transmitting  to  the  mind  of  the  ope¬ 
rator  receiving,  and  it  is  necessary  to  have  sonic- 
.thing  to  convey  that  intelligence,  and  the  oulv 
thing  that  is  found  practicable  in  use  is  the  Morse 
apparatus.  1  f  von  used  it  on  the  plain  apparatus, 
the  plain  Morse  is  all  that  is  requisite ;  if  von 
double  the  sending  automatic,  von  have  got  to 
have  your  double  Morse. 

Q.  That  Exhibit  V  on  the  blackboard  is  supposed 
to  be  bridged  or  differential  ? 

that  su |0S'  /t-’  *  llim‘  1,1 1  my  answers  upon 

Q.  And  the  bridge  is  supposed  to  contain  the  re¬ 
ceivers  at  each  end  ?  A.  Yes,  sir. 

Q.  And  the  senders  at  each  end  are  supposed  to 
A  Yes' sir'""  ,n°  circuit  ',,ltsi,lu  ,,r  tl'.o  bridge  ( 

imdei^tw’'01'  T  ,lnvo  'l  sillfflo  Morse  key  right 
im dci  that  mam  line  circuit  atonoeiid.andaainiple 

L  d  in rIJ-  V?  ■»  the  other  end,  and 

»» *»«  ««<i 

machineiy,  then  you  have  done  that  which  Mr.  Ed¬ 


ison  could  not  do ;  1  say  I  dea  l,  know  that  it  coi 
lie  dono. 

Q.  Mr.  Edison  did  Hot  invent  that ;  it  was 
rented  by  Mr.  D’lnfrevillo;  Mr.  Edison  inveiu 
the  Morse  machine  with  a  single  keyand  a  sound 
and  two  sounders  at  the  other  end  ;  that  makes 
ordinary  Morse  machine  in  your  comprehension 

A.  That,  makes  an  ordinary  Morse  aincliinu- 
don’t  make  Unit  Morse  machine. 

Q.  Mr.  Edison  di<l  not  invent  Hint? 

A.  Mr.  Edison  did  invent  a  Morse  out  or  t 
that  is  particularly  alluded  to  ;  he  did  not  inv 
that  particular  form  of  Morse  transmitter. 

Q.  Mr.  Edison  did  not  invent  that  combinnt 
of  tlie  Morse  machine  and  chemical  machine? 

A.  I  don’t  know  whether  he  did  or  not;  he 
invented  something  of  the  sort. 

Q.  Wo  will  look  at  it;  you  have  seen  that  boh 
haven’t  you  (hands  witness  Ex.  1’.) !  A.  No,  s 

Q.  Edison's  qiiadruplex  automatic  without  i 
electro  magnet '? 

A.  It  is  utterly  worthless. 

Q.  I  inn  not  talking  about  its  being  utterly  wo 
less— veil  have  seen  it  i  A.  No,  air. 

Q.  Hp  good  enough  to  look  at.  it,  won’t  you  ? 

A.  I  don’t  know  that,  it  would  be  of  any  use. 

Q.  Do  you  understand  it  when  you  see  it  ? 

A.  1  understand  these  here. 

Q.  Do  you  understand  what  it  means ! 

A.  Yes,  sir. 

Q.  You  understand  that  that  means  i  liemu.i 
automatic  qiiadruplex  1 

A.  That  is  the  object  of  it. 

”  Q.  With  two  pens,  the  Morse  there  on  that 
liibit  V 

A.  I  see  them  here. 

Q.  And  with  another  chemical  receiver,  the  s 
as  that  is  on  that  Exhibit  V,  without  the  intui¬ 
tion  of  the  polarized  relay  ? 

A.  Yus,  sir. 

Q.  Now,  that  needs,  according  to  your  vio\ 


# 


automatic  telegraphy,  tliu  assistance  or  a  Morse 
telegraph  oi'  telephone  that  would  he 
three  hours  forovery  two  hours  for  each 
senders  1 
A.  I  didn’t  shite  it. 

„  l1  ncetls  a  Jr,ll'so  telegraph  in  conjnn- 

-401  tiou  with  this,  to  make  this  operate  in  the  way 
you  have  described  ? 

A.  Yes,  sir  ;  if  does. 

Q.  Now,  yon  know,  don’t  you,  that  a  Morse  re- 
lay  put  in  that  bridge,  would  respond  just  the 
same  as  the  chemical  relay,  and  responds  there? 

A.  As  the  chemical  receiver?  Yes,  sir;  and 
would  interfere  with  the  chemical  receiver  too. 

Q.  You  have  got  the  Morse  rein  v  and  the  chemi¬ 
cal  relay  in  that.? 

A.  The  magnet  is  in  a  shunt  around  which  the  re¬ 
ceiver  is  placed,  but  you  put  it  here,  right  exact  I  v 
2402 111  the  same  circuit. 

Q.  It  is  a  part  of  a  Morse  relay  there  ? 

receiver?1  "v*  y  f"  H,e  b,i,lst‘>  alongside  of  the 

Q.  And  it  will  stay  there? 

H|A'rw0t  llIonfsi,1e  of  the  chemical  receiver;  it  is 
the  difference  between  the  effect  of  working  ami 
not  working.  ° 

bl-w  i  |If  'f  |,ur  “  litrle  *°"'el'  o'1  higher  on  the 

blackboard,  it  would  be  the  same? 

kinSSf  “  W°U,d  be 

-4G3  Q.  they  are  both  in  the  two  branches?. 

branch.08’  f"'°  bmn0hes’  b,,t  not  «“  »"» 

(\'  v‘8k  jf'1  "'i,s  “ot  alongside  of  it  ? 
ence  to  this?  '  ^  that  VKStion  witl' 

deLlit'rAyNotl£  PreCiS°  q"eSti°"’  nml 


A.  That  is  just  what  I  am.  Will  you' please  ask 
mu  that  same  question? 

Q.  I  will  ask  you  what  l  please  ;  I  pointed  at 
tho  blackboard  and  asked  you  ir  that  was  not 
alongside  of  the  olioinical  receiver  ns  it  is  there,  and 
you  denied  it  ?  A.  I  say  electrically  it  is  not. 


Hearing  resumed  May  Id,  1877. 
Cross-examination  of  Ur.  Johnson  continued  by 

Mr.  Dickerson : 

Q.  I  think  you  stated  yesterday  that  the  diffi¬ 
culty  in  sending  more  than  two  messages  at  a  time 
arose  from  tho  punching  apparatus  which  would 
not  work  well  if  you  undertook  to  send  a  great 
many  messages  at  a  time  ;  wasn’t  that  so  ? 

A,  Yos. 

Q.  So  that  it  is  not  the  condition  or  the  line  but  ^-tfio 
the  circumstances  under  which  the  messages  are 
prepared  that,  in  your  view,  prevents  the  sending 
of  a  number  together! 

A.  Thu  preparation  of  the  messages  and  the  copy¬ 
ing  them  after  they  have  been  received. 

Q.  This  same  difficulty  about  the  preparation  of 
the  messages,  and  the  same  difficulty  about  the  re¬ 
ceiving  would  exist  whether  you  had  quadruples 

or  simplex  or  eontmplex.  wouldn  t  it ! 

A.  No;  the  same  difficulty  would  ln  '’"e 
sense:  but  this  (Ex.  V)  would  remove  the  diffio.ilty 
consequent  upon  that  nec  essity  of  dividing  tlium  3400 
up;  it  would  not  remove  the  necessity  for  dividing 
them;  up,  but  it  enables  you  to  divide  them  up 
without  delay.  In  other  words,  it  removes  those 

drawbacks.  .  .  .  ...umi, 

Q.  When  yon  divide  them  up  into  two.  which 
you  say  you  would  have  .0  do  in  either  ease  and 
send  them,  then  would  you  expect  to  ge  > 

hMk  e“’t 

because  you  have  here  that  which  enables  you  at 


VIII  to  command  the  attention  of  llio  tmnsmittinj 
ipemtor.  and  flint  removes  the  necessity  for  malt 
""  signals  until  something  shall  happen  or  tin 
il  somethin';  wrong  takes  place,  or  until  the  re 
Hiving  operator  asks  some  question  or  wants  snnn 
i  formation. 

Q.  I’lien  you  keep  this  Afor.se  machine  ready  t( 
so  when  the  receiver  shall  he  of  the  opinion  thin 
mieth  mg  ought  to  ho  done?  .A.  That  is mv  theory. 
Q.  Or  that  Exhibit  V  ?  A.  Yus,  sir.  ” 

Q.  And  you  would  l)e  aide  to  send  ,'iOt)  words  a 
mute  over  the  chemical  side  !  A.  Yes. 

Q.  <  a  .......  derive  any  impression  whatevet 

1 thi;  Herreetuess  of  a  message  that  is  reeled  oat 
tlui  rate  of  .'SOU  words  a  minute,  when  lie  looks 
i  as  it  is  going  ?  A.  No,  not  as  it  is  going. 

T  ,  h'«  got  to  wait  and  get  it  bank  and  read 
before  lie  can  toll  whether  there  is  anything 
ong  with  it  or  not?  * 

A.  He  is  not.  allowed  to  do  that. 

Q.  lie  cannot  tell  except  by  that  means,  can  lie  t 
.  l  ie  receiving  operator  is  not  allowed  to  ex- 
nat  it  message  and  see  wliethor  it  is  correct, 
int  is  done  by  another  party. 

.J.  I'lien  the  receiving  operator  does  not  know 
]  l  "  .  h  .'.T*"80  is  ,,r  not,  hut  has  to  he 
.  iin  pei. son,  who  examines  and  reports 

Jt  o  the  receiver w,,c",..r  it  i.  right  or  not?' 

o«s  generally  wlictlier  it  is  right,  he- 
eLrVT"  MS  <:J"  ""  if  i,ml  "«*  casually 

H  Ims  appearance  of  coming  right, 
is  «  '«wk.  or  whether  ft  is  in 
ki,  .1°  !  ,  .  110  s,!es  "’'ether  there  is  a 

nimr  „l„„blU"  or  "  ''etl'er  tiie  signals  are 
g. .Urng  ,", intern, ptemy,  and  seeing  the  last 
...  h  '  ‘Uy  L'onl,i.'  1,0  ean  tell  wlfctlicr  they 
L  ,  0  "PPeuranee  of  being  right  or  wroire. 
'as  hecastst!!l-S',nUIUlly  ”hotl,or  !t  righ r.  or 

•ill  that  Tfi'S  Uy°  °.'UI' it;’  b,lt  ir'  w»*y  not  be, 
eos  d,  n  0XI,,,,med  bJ-  "  third  person,  and 


thing  wrong  about  it,  and  if  there  is  he  takes  it 
Imck  to  the  operator,  and  lie  makes  inquiry  about 
it,  or  asks  for  its  repetition. 

Q.  Which  of  these  persons  docs  the  work :  does 
the  receiver  find  out  whether  it  is  right  or  not,  or 
does  this  second  person  that  you  have  mimed? 

A.  Both,  iis  I  have  just  explained.  The  receiver 
looks  at  the  message  casually  as  I  have  before  re¬ 
marked,  as  it  is  coming; 

Q.  Then  you  ivisli  to  correct  ivluit  you  said 
little  while  ago,  that  tile  receiver  is  not  permittee 

A.  No,  I  don’t  wish  to  correct  that ;  I  didn’t  sa; 
that  lie  did  read  it. 

Q.  Didn’t  you  say  that  lie  would  not  he  permit 
ted  by  tile  rules  to  rend  it?  A.  Yes. 

Q.  Then  lie  couldn’t,  possibly  undertake  to  know 
whether  it  was  right  or  not,  could  lie  ? 

A.  Yes,  I  said  that  lie  looked  at  it.  casually 
m<l  generally  Ini  casts  his  eye  over  it  and  sues  a 
it  is  coming,  whether  it  lias  tile  appearance  o 
there  being  anything  wrong  about  it.  It  may  seen 
to  be  all  right  to  his  eye  as  lie  thus  looks  at  it 
though  it  limy  not  be* 

Q.  That  is  just  us  true,  whether  you  have  a 
piadniplex  or  whether  you  have  a  simplex,  isn’t 
it  t  A.  Precisely. 

Q.  And  they  are  affected  by  the  san  a  lit  i 
that  you  have  mentioned  t 

A.  Yus  ;  in  the  management  of  the  wire  they  are, 
because  it  is  simply  nil  apparatus  for  copying  in 
both  instances. 

Q.  Then  the  advantage  derived  from  such  a 
theory, ns  you  have  represented,  is  by  having  a  re¬ 
turn  word  by  which  you  call  get  buck  the  message 
without  interrupting  f 

A.  Yes  ,  that  is  tile  advantage. 

Q.  You  think  this  Exhibit  V  is  adapted  to  its 
working  on  .yonr  tliuoiy?  A.  Yes. 

Q.  Having,  the  magnetic  side  to  do  the  dialling 
on  and  the  cbomiuul  side  to  do  the  business  on  ? 


A;  That,  is  presupposed  upon,  tho  idea  tlmt  that 
tiling  is  duplexed; 

Q.  It  seems  to  be  quadruple*  t 

A.  As  it  stands  there. 

Q.  Now,  you  have  said  of  course  that  the  mag¬ 
net  0  is  on  that  Tor  the  purpose  of  taking  enroot 

2i 73  the  static  discharge  on  tile  chemical  receiver  tor 
one  thing  f  A.  t  said  that  it  would. . 

Q.  It  is  as  necessary  in  Ex.  ]’  as  this  tiling,  isn't 
il  [lteterring  to  diagram  on  blackboard  Ex.  V.) 

Q.  It  is  a  great,  dual  liigger  than  it  would  lie  tor 
the  purpose  of  a  mere  receiving  relay  ?  A.  No. 

Q.  Tiie  ordinary  relay  is  to  protect  tho  static 
discharge  along  the  line?  A.  Yes. 

Q.  In  point  of  fact  you  have  it  generally  bigger ! 

A.  Wo  do  not.  Wo  Had  in  practice  that  it  was 
not  necessary. 

1)174  Q'  "r,IUM  that  O  is  there,  of  course  the  speed  at 
which  the  electro  magnetic  receiver  can  operate  is 
tiie  speed  at  which  that.  0  can  be  uhurged  and  dis¬ 
charged  at  the  end  or  the  lino  ? 

A.  While  you  are  using  automatic  ;  your  propo¬ 
sition  is  correct  thou. 

Q.  Now,  when  you  are  using  automatic  from 
Boston  and  also  using  magnetic  from  Boston,  then 
your  automatic  lias  got  to  he  slowed  right  down  to 
the^slowest  speed  of  (lie  bngtnip  arrangement  ? 

Q.  That  can  run  just  as  fast  as  if  the  other  was 
not  working?  A.  Yes. 

2475  Q-  You  swear  to  that,  do  you  <  ' 

A.  Ido;  I  say  that,  ill  practical  telegraphy,  so 
far  ns  the  automatic  receiving  instrument  is  con¬ 
cerned,  it  works  just  as  fast. 

Q.  \  our  Boston  operator  is  sending  nntomatic  at 
tiie  into  of  500  words  a  minute ;  now,  tho  Morse 
operator  cannot  talk  until  the  chemical  sunder  has 
reduced  tiie  spued  of  his  transmission  to  tho  speed 
pf  Morse,  can  he  ? 

A.  I  do  not  see  why  not ;  I  do  not  see  it. 


Tra¬ 
ci.  Tho  signals  coming  from  Boston  are  reversed 
signals,  are  they  not? 

A.  Which  signals,  automatic? 

Q.  Yes? 

A.  No,  sir;  not  in  practice.  • 

Q.  You  at-o  working  automatic  from  the  receiver 
Y,  on  Ex.  V,  are  you  not?  2470 

A.  No,  sir,  receiver  X. 

Q.  That  is  when  you  are  working  your  Morse  on 
tho  polarized  side,  then  this  bug-tinp  arrangement 
is  not  in  use  at  all  ? 

A.  Not  at  that  moment. 

Q.  At  any  time  ?  A.  Yes. 

Q.  According  to  your  theory,  X  would  bo  a 
chemical  receiver  for  the  purpose  of  working  ?  - 
A.  Yes. 

Q.  And  the  upper  chemical  receiver  would  not  be 
at  work  as  a  chemical  receiver  ?  A.  No,  sir. 

Q.  Then  that  is  superfluous  i 

A.  That  chemical  receiver  is  superfluous. 

Q.  'For  the  purpose  -of  your  supposed  use  of  tiie 
instrument  in  this  case?  A.  Yes,  sir. 

Q.  It  is  no  use  to  you  upon  that  supposition  ( 

A.  No,  sir,  not  in  the  least. 

Q.  Now,  therefore,  yon  can  leave  out  Y,  it  is 
simply  superfluous,  in  the  view  you  have  inti¬ 
mated  I 

A.  In  the  way  that  it  is  used  in  practice. 

Q.  Then  von  have  got  under  these  circumstances 
the  receiver  X  to  do  your  chemical  work,  and  you 
have  got  the  sender  If  to  do  your  Morse  business  I 
A.  Precisely.  24,8 

Q.  Then  the  sounder  S  with  bugtraps.is  su per¬ 
ilous,  is  it  not  ?  _ 

A.  .lustai  the  moment  automatic  im  milling  it  is. 

Q.  For  the  purpose  of  doing  wlmt  you  propose 
to  do?  A.  No,  sir,  it  is  not. 

Q.  Let  us  have  no  misunderstanding  about  Hus, 
you  say  that  M  is  to  do  your  Morse  business  1 
A.  At  the  inoiiieut. 

Q.  And  is  to  do  yourchemical  business  t 


'  A.  At  tlint  moment. 

Q.  Von  Imru  said  tlmt  Y  is  a  supcrlliiity  and 
Hint  llic  sounder  and  Imgtrnp  S  are  also  a  super- 
Unity  ?  A.  At  Hie  moment. 

Q.  At  any  time?  A.  No,  sir.  • 

0.  When  X  is  working  ?  A.  Yes,  sir. 

2470  Q.  In  ease  you  happen  to  want  to  use  the  electro 
magnetic  quadruplex,  that  would  be  of  use,  would- 

A.  It  is  not  a  question  of  happening,  it  is  a 
question  or  necessity  all  the  lime. 

Q.  In  ease  the  people  who  had  possession  of  it 
should  think  that  they  could  use  the  electro  mag¬ 
netic  quadruples,  then  both  of  these  would 
have  their  use ! 

A.  In  case  they  wanted  to  use  entirely  Morse, 
certainly. 

Q.  Isn’t  it  true,  in  point  of  fact,  that-  the  printing 
,,  quadruples,  running  in  connection  with  the  ordi- 
-tsu.nary  punching  machine,  works  00  words  olT  on 
eacli  side  ?  A.  The  ordinary  punching  much  inn  i 

Q.  The  Hughes  machine  I 


Q.  The  Phelpsjnachine  i 
A.  I  have  had  no  experience  with  that  at  all;  I 
doin'  that"  ^  is  eapable  of 

Q.  Yon  have  no  doubt  that  the  quadruplex  work- 
mg  ilmvn  a  t  the  Western  Union— the  mechanical 
printer— prints  (id  words  on  each  of  its  sides  ? 

>1  A.  I  have  a  doubt  about  it ;  that  is,  I  never  laid 
any  experience  with  it,  and  I  am  not  prepared  to 

say  whether  it  will  or  will  not. 

Nmv’  ,MV0  tllis  receiver  Y  wiped  out  for 
|  ''  purpose  and  we  have  the  bug-imp  nrrange- 

muii  wiiwd  mu  for  the  purpose  of  sending  chemi- 

Q.  Now,  after  you  have  left  theso  two  thimrsout. 


cal  side,  and  one  complete  Morse  side  to  do  the  au¬ 
tomatic  1  A.  Yes,  sir. 

Q.  That  is  what  you  think  is  the  tiling  it  will  do 
liest  1 

A.  That,  is  wliat  it  will  do  best. 

Q.  So  tlmt.  these  little  suporlluities  are  rather 
miiiimeidal  than  useful,  as  shown  on  the  black- 2181 
hoard  1  A.  At  that  nininent.  . 

Q.  At  the  sending  end,  the  right  way  loalTcet 
the  chemical  paper  at  the  receiving  end,  and  the 
best,  way,  is  to  send  the  current  direct  through  the 
wire  without  the  intervention  of  any  other  magnets 
or  relays?  A.  Yes,  sir. 

Q.  At  the  lower  right  hand  corner  of  this  draw¬ 
ing,  you  have  got  a  couple  of  transmitters  which 
Mr.  Wlnfroville  substituted  for  those  in  Edison’s 
invention.  According  to  your  theory,  the  chemi¬ 
cal  pn pur  first  operates  the  keys  which  operate  Hie 
two  mechanical  transmitters  on  that-  blackboard  ?  2433 

A.  Not  according  to  my  theory. 

Q.  I  understood  that  to  lie  your  theory  ? 

A.  No,  sir ;  I  operate  one  of  them  with  a  key  and 
the  other  with  the  perforated  paper. 

.  Q.  Is  it  not  true,  that  on  that  drawing  on  the 
blackboard,  there  are  two  apparatus  for  perforated 
paper,  one  above  the  other,  on  tile  right  hand  side 
above  the  letter  E  ?  You  say  yon  would  take  one 
of  them  out.  ?  A.  Yes. 

Q.  Which  one?  A.  The  polarized  reversal. 

Q.  Which  is  it?  A.  The  upper  one. 

Q.  You  would  wipe  out  Y>.  and  use  the  linger- 
key  instead.  .  -184 

A.  Use  tile  apparatus  tlmt  is  in  tin*  regalat 
quadruplex.  ,  .. 

Q.  Then  you  would  not  want  all  the  rest  of  these 
other  arrangements  that  have  been  referred  toi 

A.  Substituting  the  Morse  transmitting  appar¬ 
atus  for  the  automatic  transmitter,  precisely. 

Q.  You  would  put  in  a  Morse  key  ? 

A.  Not  a  Morse  key. 

Q.  You  would  have  no  occasion  for  g  ami  g  1 


770  ' 


A.  No,  sir. 

Q.  Yon  would  wipe  them  out  ? 

A.  Yus. 

Q,  And  tlmt  is  Ihe  way  yon  would  ini]>roro  the 
bugtrnps?  A.  Yes. 

Q.  Then  you  would  take  a  single  Morse  key  as  a 
2-185  transmitter  at  tlmt  er.d  for  the  purpose  of  reversals 
at f  and  f  ? 

A.  A  Morse  key  in  combination  with  the  appar¬ 
atus  specially  designed  for  that  purpose. 

Q.  X3  and  D,  yon  would  have  as  they  are? 

A.  Iff  found  that  the  best  device  for  tlmt  pur¬ 
pose. 

Q.  Tile  best  way  is  to  run  a  current -through  the 
perforated  paper,  having  no  intermediates  of  that 
kind,  isn’t  it? 

A.  I  don’t  know  but  wlmt  it  might  be  in  this  case ; 
itcan  be  done  either  way,  and  all  the  speed  you 
0,s  want-can  be  obtained  either  way.  • 
bb  Q.  You  think  the  best  way  to  do  it  is  the  way 
that  lias  been  suggested  ? 

A-  According  to  my  judgment-  now,  1  might  find 
a  better  way ;  T  do  not  say  I  could  not. 

Q.  When  yon  have  got  tlmt.  you  have  got  sub¬ 
stantially  Ex.  P.— that  is.  Edison's  piire-quadru- 
plex  automatic,  with  a  Morse  kev,  and  Morse 
sounder  in  the  bridge?  A.  1  think  not. 

Q.  You  have  got  a  Morse  key  to  operate  the 
reversal ? 

A.  1  didn’t  see  any  Morse  instrument  in  the 
drawing  you  showed  me  yesterday ;  T  told  you 
24S7  yesterday  I  did  not  know  what  the  effect  of -putting 
them  in  there  would  be ;  I  presume,  -unless  it  had 
been  necessary  to  make  this  sort  or  an  arrange! 
meat,  they  would  not  have  been  put  in  there. 

Q.  Who  told  you  it  was  necessary -tomtit  these 
tilings  in  Ex.  P  to  make  it  work  ? 

A.  Nobody  told  me;  my  experience  has  told  me. 

Q.  Your  experience  is  that,  a  Morse  kev  could 
not  be  used  in  connection  with  Ex.  P.  A.  No,  sir. 

Q.  Don’t  you  know  whether  it  could  or -not? 


Q.  Then  assume,  for  the  pnrposeof  my  question, 
that  the  Morse  key  can  be  used  there,  and  assume 
that  the  Morse  receiver  can  bo  put  there  in  the 
bridge  of  the  apparatus,  then  those  two  things 
would  give  the  effect  which  is  got,  or  proposed  to 
be  got  in  Ex.  V.  wouldn't  you  1  2488 

A.  I  don't  know. 

Q.  You  don't  know  :  A.  No,  sir. 

Q.  Assume  that  a  Morse  key  can  lie  put  into  the 
line,  and  a  Morse  relay  can  be  put  into  the  bridge ; 
and  that  signals  cau  be  sent  over  both  ways  in  that 
apparatus,  then  you  get  the  whole  effect '! 

A.  Without  interfering,  you  mean  ? 

Q.  That  is  a  good  way  to  procure  that  result, 
isn't  it  ? 

A.  That  thing  there  is  just  what  is  needed  to  do 
that  ;  its  absence  at  present  is  the  reason  it  is  not 
done.  •  i'4S9 

Q.  This  thing.  Ex.  V.  is  not  done  anywhere,  is 


The  Witness. — 1  will  amend  that  am 


associated  with  anybody  that  li 


Q.  Hnvn’t  von  some  interest  in  the  Automatic  24g0 
Company,  and  in  the  rights  which  I  hey  claim  under 
the  joint  title?  , 

A.  Whatever  interest  I  have  is  optional  with 
those  who  have  a  real  interest.  \  nmy 
mav  not  have.  My  sympathies  are  with  the  su  ■- 
Q.  liavn’t  von  an  interest  which  you  have  made 
claim  to  through  Mr.  Keilf  and  his  associates  t 
A.  I  never  made  claim  through  Mr.  Euiff  oi  a  . 
one  else  in  mv  life. 


Q.  ITavn’t  you  stated  to -Mr.'  Prescott,  that  you 
have  an  interest  in  tlmt  recovery  Jif  they  got  it  In 
the  city  or  New  York,  within  tho  last  0  months  t 


,  0401  A.  1  (lid,  hut  in  n  diiroronl  sense  from  that  indi- 

Q.  Do  'you  ssiy  'you  did  or  did  not  have  such  a 
eniiversnlinn  with  Mr.  Prescott  as  I  have  inquired 
alioiil, ! 

A.  I  don’t-  1  s.  \  n.v  aic.h  tiling;  I 
presume  I  may  have  said  tlmt  if  they  got  paid  for 
the  tiling  it  would  result  in  my  receiving 
some  portion  of  it.  It.  is  a  presumption  of  mine 
predicated  on  a  belief  upon  my  part  and  tin  under¬ 
standing  on  llie  part  of  my  friends. 

Q.  You  think  they  would  do  it  as  an  act  of 
friendship  to  you!  A.  Ido. 

2192  Q.  Not  as  a  matter  or  legal  right?  A.  No,  sir. 
Q.  Merely  as  a  gratuity? 

A.  Not  as  a  gratuity  1  consider.  I  think  I  have 
done  something  for  it;  but  I  have  never  done  it 
under  contract,  and  have  never  been  delinilelv 
promised  anything.  I  have  dono  a  good  deal  o‘r 
work  for  it,  and  it  is  rather  a  presumption  on  iny 
part  than  a  promise  on  theirs  that  if  there  is  anv- 
tliing  out  of  it  I  shall  get  some  portion. 

Q.  That  is  what  you  meant  when  you  said  “  we  ”  I 

Q.  There  is  no  patent  that  you  know  of  in  this 
2493  T'adruplex  or  duplex  of  Kdison’s.  Case  09,  is 
there  t  ’ 

A.  I  am  not  entirely  familiar  with  what  has  been 
one  upon  the  subject ;  I  only  know  generally  that 
<  e  is  a  dispute  about  the  issuing  of  the  patents ; 

,;£rrs,:r,,ot  ,,in^“>Lieof 

Q.,I  think  it  has  been  said  heie  that  one  of  the 
emu  1  "*  im,0"mHc  itoe.wus  that  when  the 

Loiuliu.tn  ity  was  so  low,  as  is  sometimes  the  case 


7*70 

from  external  conditions,  as  not  to  operate  npon  a 
magnetic  relay,  it  will  yet  effectually  work  the  un- 
chemical  paper? 

A.  I  did  not  say  nnythingubout  the  conductivity. 

Do  you  mean  the  joint  conductivity  ? 

Q.  There  is  this  joint  conductivity  ?  A.  Yes. 

Q.  That  is  one  of  the  advantages  of  the  automatic,  2494 
isn't  it ! 

A.  One  that  is  of  little  consequence  ill  practice. 

We  thought  it  would  be  an  advantage,  but  found  in 
practice  that  it  was  not. 

Q.  When  your  line  gets  to  a  point  at  which  the 
strength  or  the  current  sent  over  it  is  incapable  of 
doing  the  work,  it  no  longer  lias  rail  conductivity? 

A.  No,  sir. 

Q.  Then  it  is  not  true,  is  it.  that  when  von  can 
work  Morse,  you  can  work  automatic? 

A.  Yes,  it  is  true,  in  the  sense  in  which  I  under¬ 
stood  the  testimony  as  it  was  given,  that  is,  tlmt  it  2495 
mav  not  be  capable  of  sending  more  than  10  words 
a  minute,  which  would  make  the  Morse  practically 
of  no  effect,  as  that  rate  of  speed  is  too  slow.  The 
Western  Union  would  not  have  such  a  wire.  It 
would  not  bo  effective  for  that  purpose,  but  it 
would  be  very  effective  for  transmitting  signals— 
verv  effective. 

Q.  Therefore,  among  other  things,  it  would  be  a 
very  stupid  tiling  to  put  a  Morse  relay  on  a  line  for 
the  purpose  of  opening  and  closing  the  current  unit 
operate  a  chemical  receiver  i  A.  A  n- 

Q.  A  chemical  receiver  could  act  with  nmcli  ess 
•current  than  would  bo  nucessary  ?  A.  \cs.  249b 

Q.  It  would  bo  a  very  stupid  thing  to  interpose  a 
’Morso  relay.  It.  would  be  of  no  use  in  getting  a 
result !  . » 

A.  If  it.  was  necessary  to  get  n  result  on  that  side 
it  would  not  In-  stupid  ;  it  is  the  only  way  it  could 
be  effected.  You  ask  me  if  it  was  not  a  sta  nd 
thing  to  put  that,  chemical  receiver  around  a  poi.  i 
ized  relay  and  get  the  signals  there,  and  1  saj 


TIIE  ATLANTIC  AND  PACIFIC  TELE¬ 
GRAPH  COMPANY, 


GEORGE  B.  PRESCOTT,  THE  WESTERN 
UNION  TELEGRAPH  COMPANY,  and 
LEMUEL  AY.  SERRELL. 


PLAINTIFF'S  TESTIMONY  in  REBUTTAL 

AND  EXHIBITS  PUT  IN'  OK  CROSS-EXAMINATION' 

OP  DEPENDANTS’  WITNESSES. 


McDANIEL,  IAJMMIS  &  SOUTHED,. 

Plaintiff's  Attorneys. 


INDEX. 


Exhibit  Z,  4. — Itoport  of  Mr.  Orton  to  stock¬ 
holders  for  year  ending  June 

801  li,  1873,  ]) . 

Exhibit  Z,  fi.— Letter  of  Mr.  Orton  to  Postmas¬ 
ter  General,  p . 

Appkxdix  B.— (The  Automatic  Telegraph,  p.. 
Exhibit  Z,  0.— The  Western  Union  Telegraph 
Co.  vs.  Thomas  A.  Edison  and 
George  B.  Prescott.  (Bill  in 
Chancery,  New  Jersey, )p.... 
Exhibit  Z,  7.— Daniel  IT.  Craig  and  James  B. 

Brown  vs.  George  Little,  and 
others.  (Notice  to  Western 

Union  Telegraph  Co.,  p . 

Exhibit  Z,  8.— Complaint  in  same  suit,  p . 


REPORT  OP  THE  PRESIDENT. 


To  the  Stockholders  of  the  Western  Union  Tele¬ 
graph  Company : 

Tlio  report  begins  \Vith  ft  statement  of  the  opera¬ 
tions  of  flies  Company  dnrihg  the  year  ending  June 
30,  1873.  It  contiiines  ns  follows : 


STKAliNS’  1 


The  pnrclmse  of  the  patents  for  the  United  States 
and  Canada  of  this  most  important  nnd  valuable  of 
all  the  improvements  which  have  been  iniide  since  the 
Morso  telegraph  was  first  established,  was  mentioned 
in  my  last  annual  report.  During  tile  past  year  we 
have  largely'  increased  the  dumber  of  duplex  instru¬ 
ments  nnd  apparatus,  by  means  of  which  messages 
enn  be  transmitted  in  opposite  directions  upon  a 
single  wire  at  the  same  time. 

\Ve  have  now  in  operation  over  100  sets,  and  it  is 
tlio  intention  to  have  all  our  principal  stations  com¬ 
pletely-equipped  with  them  us;  soon  as  they  can  be 
supplied  from  the  factory.  e  aro  now  operating 
more  than  150,000  miles  of  wire,  and  during  the  past 
two  years  have  been  extending  at  the rate  of  nen  ly 
so  000  miles  of -wire  per  annum,  lhe  duplex  ap¬ 
paratus  is  capable  of  ioubling  the  cainmity  of  these 
wires  at  a  comparatively  small  cost,  lhe  'aim. .  ot 
this  increase  of  facilities  can  be 

nnnccotaMittoiinl  wims. 

duplex  does  i  ot  c  n  i  t  1 1  fl  b  i  „ «  « 

EKves  siv 

"jfass#  «>",  sr>  Pbr~ 

loving.  .  Communication  ^.is  i'cstoiecl  i|Pon  f 


moving.  Golniml  lHl,t  01  tl“t  the  great  value  ot  the 
wire  at  a  tune,  and  it  is  the11  y.,1.1  itbtl  moment  one 
duplex  becomes  apparent.  ««  » 


PluIntlirH  Exhibit  Z,  fi. 


wire- is  restored  wo  have  two,  and  when  wo  have  a 
second  we  have  fotir,  niul  so  on. 

During  tlio  extraordinary  excitement  of  the  past 
three  weeks  oar  wires  between  tlio  principal  cities 
Wie,ibeeini  nnU<l  t0  t!,uir  utlnosf  capacity,  and  if  wo 
ad  double  ho  number  on  some  routes  tboy  would 
0  to  filciunt.  I  t  of  dun!  \  1 
to  omIO"S  Itlnt?  ‘'"l'lisitiou,  and  only  our  inability 
mimW  he"' llas  l>re.'?nlwl  the  use  of  a  larger 
numbei.  A  minor  consideration,  and  yet  important 
one,  is  the  fact  that  tlio  duplex  can  bo  substituted 
the  ordi,iaVvS0d00S'(,0ti,1VTlvu  tho  duplication  of) 
dmiWo  or  simrlo*  U  "'0,ks  well 

wholly  disappear1'  aVli^t 

1 1 1  to  it flnclotiiwway  wi^s.ilrB'!y  '",fod"CL'11  0,1 

-5*  EKgS1.*  wlSS'KVSy!:! to 


Marked  for  idontilicutioii,  read  in  evidence,  May 
21,  1877. 

Kxkoltivu  Okkiok 

WUSTKIIX  U.VION  TkI.KOIIAIMI  CoJIl'AXY, 
io  Ilononitilu  U  bw  Yoiik,  December  0, 1878. 

The  "letter  begins  with  an  extended  oxamiiiation 
of  the  condition  of  the  telegraph  business  m  this 
country,  and  a  discussion  of  the  expediency  of  u 
government  telegraph.  It  then  continues : 

1 

THE  “  FAST  SVSTKM  SI.OWKIS  THAN  THU  MOUSE. 

The  next  notable  statement  In  the  report  relates 
to  what  is  therein  styled  the  “  Automatic  or  Fast 
System”  (Appendix  B).  It  is  certainly  an  unusual 
instance  of  good  fortune  when  tho  owners  of  pat¬ 
ents,  who  have  been  for  years  unsuccessful  in  their 
efforts  to  make  a  satisfactory  sale,  are  enabled  to 
■secure  so  valuable  an  advertising  mud......  tl... 

Annual  Report  or  a  Postmaster-General.  The  in¬ 
ference  to  bo  drawn  from  the  statements  in  the  re¬ 
port  concerning  this  wonderful  “system”  is  that 
it  is  a  budding  novelty,  just  ready  to  burst  into  the  g 
full  bloom  of  triumphant  success.  I  would  not 
blast  its  promise  by  even  the  breath  of  an  unkind 
word.  But  a  few  plain  and  simple  truths  eourei  n- 
ing  it  must  lie  told. 

First.— It  is  not  a  novelty.  There  lies  beside  me 
as  I  write,  ft  pamphlet,  bearing  date  December  1, 
1800,  throughout  whose  twenty-two  P"8» 
praises  of  what  it  had  then  achieved  me  glowingly 
set  forth. 

Second. — It  is  not  a  success.  FouryearsoCcon- 
slant  trial,  during  which  large  sums  have  been  ex  0 
pended  in  practical  experiments,  and .  .u  . mh  n  « > 
ing,  by  new  devices,  to  overcome  constantly  dove 


10  opou  ilolms,  have  failed  to  demonstrate  its  superi¬ 
ority  over  existing  inodes,  or  even  its  ability  to 
eohipole  successfully  with  thorn. 

Automatic  telegraphy,  as  a  separate  system,  has 
never  bpcn  attempted  in  any  country,  It  1ms  been 
in  use  in  England  lor  several  yen  re,  but  only  ns  mi 
aid  to  the  Morse  system,  or  ns  a  substitute  for  otli- 
era  greatly  inferior  to  the  Morse,  and  which  either 
were  never  introduced  into  this  country  or  were 
long  since  discarded.  Its  chief  defects  are:  1. 
More  tune  is  required  to  prepare  a  message  for 
transmission  by  the  Automatic  than  tosonditby  the 
Morse.  By  the  latter  thu  receiving  operator  writes 
out  the  message  as  fast  ns  the  sending  operator 
transmits  it,  so  that  when  the  sending  is  finished 
1  for  delivo”8  COI,ll)lotet1'  aml  tlle  message  ready 

2.  By  the  Automatic  system  the  message  is  re- 
ceived  m  the  dots  and  dashes  of  the  Morse  nlplin- 
et.  More  time  is  then  required  to  translate  and 
"  "T  18  T"l,ied  in  both  sending  and  copy- 
the  rat.  'r  0rtl,"ar-v  wa.v-  No  matter,  then,  wlint 
the  late  of  speed  at  which  the  signals  are  made  to 
, 5S„°'efl  tl,e  "'ire — if  it  takes  as  much  time  to 
o  tra  traas,mssion-  and  again  as  much  time 
ro  translate  and  copy  after  the  message  is  received 

;  lain  U°1,y  l,y  tlus  Morse  system — it  is 

sneet  t»  ".lce,as  ,nacl1  time  is  consumed  in  re 
cess  m  l  l  h  MngS  messaSB  by  the  Automatic  pro- 
i  css  as  liy  the  ordinary  Morse. 

The'au tnneo • 1,1  U  <>tl,0r  sravc  pwmticiil  ditliciiities. 
Morse  s  i  f  ,l,,1WralHS>  118  co"ipared  with  the 
out  of  intricate  and  costly.  Itgets 

plicatesforuslnilior1110-!008*  °X  l)10vit,inS  du- 
over  lone  clil,, .  r  f  ncoKlenf*  and  of  shipments 
tilt ■ tances  i°f  mpaira,  constitute  a  serious 


Again,  it  is  evident  that  in  the  separate  processes 
of  perforating;  transmitting,  translating  and  copy- 
ing,  by  the  automatic  system,  more  operatives  are 
required  than  in  the  regular  Morse.  The  testimony 
of  those  connected  witli  the  Government  telegraph 
in  England  is  that  it  lakes  live  times  as  many  op¬ 
erators  to  successfully  work  the  former  process  as 
the  latter.  The  cost  of  operating  is  the  chief  ex¬ 
pense  of  carrying  on  the  telegraph  business.  It 
would  be  much  cheaper  to  provide  additional  wires, 
and  to  apply  the  duplex  to  them  than  to  double  thu 
cost  of  operating ;  hut  if  it  be  necessary  to  mul¬ 
tiply  this  cost  by  live,  that  fact  alone  constitutes 
a  fatal  objection 


The  Duplex  Apparatus,  the  patents  for  which 
are  owned  by  tlic  Western  Union  Company,  is  cap¬ 
able  of  rendering  much  more  valuable  service  than 
the  Automatic,  even  if  the  graver  defects  of  the 
hitter  are  successfully  overcome.  The  Duplex 
works  equally  well  single  or  double,  thus  obviat¬ 
ing  tlie  necessity  for  duplicating  instruments,  it 
doubles  the  rapacity  of  a  wire  by  enabling  mes¬ 
sages  to  be  transmitted  over  it  in  opposite  directions 
at  the  .same  time,  without  any  perceptible  diminu¬ 
tion  of  speed.  It  does  more  than  save  Hie  cost  ol 
providing  and  keeping  in  repau  additional  vnes 
It  gives  the  currying  capacity  or  two  ''  ires  "  m  > 
by  accidental  interruptions,  there  is  but  one 
working  order,  and  v  1  1  f 

previously  invested  in  wires  would  have  prowdetl 
another. 

Concerning  the  Autographic  systems 
nnd  others,  it  is  sufficient  to  say  that  tliej  a 
merely  electrical  tos  ,  which  excite  interest  bl 
their  results  without  serving  any  useful  1**1 
Their  operations  are  too  slow,  the  apparatus 


expensive,  and  tile  occasions  for  its  use  too  limited 
to  give  them  any  value  as  parts  of  irpnietical  sys- 


KXToitTiojr! 

It  is  doubtless  true,  as  stated  in  the  report,  that 
in  tiie  near  future  the  entire  niotliods  nnd  machin¬ 
ery  of  telegraphic  communication  will  be  cheapen¬ 
ed  ;  but,  being  true,  why  it  should  follow  “that 
■  the  Government  will  lie  compelled  to  assume  their 
control  in  order  to  protect  the  people  from  extor- 
Hon,"  does  not  clearly  appear.  “  Extortion  ”  is  a 
word  of  severe  import,  and  shoultl  not  be  lightly 
used.  As  hero  applied,  without  evidence  to  justify 
it,  it  will,  when  calmly  considered  by  a  discrimin¬ 
ating  public,  recoil  with  more  damaging  effect  upon 
the  high  official  who  hurls  it  than  upon  'tile  private 
citizens  at  whom  it  is  aimed. 

Tiie  next  statement  in  the  report  which  seems  to 
deserve  notice  is  the  following  : 

“  There  are  now  but  two -parties  in  the  contro- 
veisy  over  the  postal  telegraph — on  one  side  the 
people,  on  the  other  the  Western  Union  Telegraph 
Company.” 

This  is  followed  by  a  lengthy  extract  from  the 
last,  annual  report  of  the  President  of  that  com¬ 
pany,  after  which  the  Postmaster-General  proceeds 
with  tiie  following  “elegant  extract :  ” 

“The  ’Western  Union  Company  has  always  con¬ 
tended  for  high  rates,  and  enforced  them  with  a 
strong  hand.  Whoa  now  associations  have  been 
formed  J  or  the  purpose  of  reducing  rales,  the 
\\  estern  Union  has  at  once  entered  the  lists  to  des- 
tioj  its  rivals,  and,  in  pursuit  of  victory,  lias  not 
su  mued  to  use  any  device  which  the  powerful  can 
employ  against  the  weak.  J<'aiUn>,  to  vanquish  its 
i  f, 71,  '/  ???"  ,leM  "/fair  competition,  it 

Ut!t7weaXr°  '  an(lMwmP,lea  bt>  makin,J 


The  Postmnster-Goneral  concludes  this  indict¬ 
ment  of  the  Western  Union  Company  for  high 
crimes  and  misdemeanors  by  saying  of  the  Western 
Union  report  that  it  evinces 

“A  settled  purpose  to  reduce  rates  only  tlint  it 
might  exterminate  competing  companies  already 
organized,  or  which  it  feared  would  lie  organized.” 

It  was  stated  early  in  the  report  that  tiie  oppo¬ 
sition  to  tho  postal  telegraph  came  from  the  tele¬ 
graph  companies  (in  the  plural)  and  those  directly 
interested  with  them  in  sustaining  their  monopoly. 
Farther  reflection  appears  to  have  induced  the 
Postmaster-General  to  modify  this  opinion  to  sus¬ 
pend  scntenco  upon  all  parties  except  tho  Western 

Union _ and  to  concentrate  upon  that  company  and 

its  officers  tho  entire  weight  of  his  condemnation. 

Reply  has  already  been  made  to  the  claim  that 
any  considerable  number  of  our  people  desire  the 
postal  telegraph. 

Tho  expenses  of  the  Post-office  Department 
are. in  excess  of  its  receipts  by  six  million  dol¬ 
lars  a  year,  not  including  interest  on  the  millions 
which  have  been  nnd  are  now  being  expended  m 
tiie  erection  of  buildings  for  the  convenience  ot  1 
operations.  Tho  telegraph  may  not  alwaj-s  p  - 
form  the  business  conlided  to  it  satisfacton  j, 
indications  are  not  wanting  in  the  report  t  u  t 
the  same  is  true  of  the  Posr-o  lice.  The  J* 

:  mer  has  been  little  if  at  all  behind  the  lat 
ia  conforming  to  the  public  requirements, 
is  a  notable  fact  that  the  principal  com  tot 
,  of  tho  inefficiency  of  tiie  telegraph  loci 
high  official  of  the  Government,  who 11,11101  t. 
purpose  to  bring  its  business,  influents., ,  ai  1  J 

rouage  under  the  central  of  his  depur  me  £  «  “ \ 
efforts  to  that  end  he  lias  encountered  01l 

the  right  of  the  Government  to  take  the  pi  1  . 


the  payment  of  ils  value,  to  be  determined  in  tho 
manner  provided  by  law.  Ho  is  mistaken,  how- 
over,  in  assuming  that  the  only  opposition  comes 
from  the  Western  Union  Company.  What  they 
oppose  is  not  his  right  to  control,  although  doubt¬ 
ing  its  expediency,  but  they  linvo  protested  and 
will  continue  to  protest  earnestly  against  misrepre¬ 
sentations,  front  whatever  source,  ns  to  the  value  of 
their  property,  and  unjust  aspersions  of  the  char¬ 
acter  of  their  managers.  The  charge  that,  “they 
have  always  contended  for  high  rules  and  enforced 
them  with  a  strong  hand  ”  can  be  properly  met. 
with  but  one  answer:  It  is  not  true.  Telegraph 
rates  in  the  United  States  are  now  but  half  what 
they  were  six  years  ago,  and  the  majority  of  the 
reductions  made  by  the  Western  Union  Company 
linve  been  made  voluntarily,  without  compulsion, 
»nd  for  reasons  and  purposes  alike  lawful  and  hon- 
irnble.  In  itlie  rivalry  with  new  associations  they 
have  made  efforts  to  retain  former  customers  and  to 
secure  new  ones  by  endeavoring  to  do  thu  business 
more  promptly  and  satisfactorily  than  their  com¬ 
petitors.  In  no  case  have  they  been  the  lirst.  to  re- 
luce  rates  upon  competing  routes.  In  fact,  the 
report  of  the  Postmaster-General  admits  this  when 
vpealting  of  associations  "formed  for  the  purpose 
f  reducing  rales."  Does  he  expect  the  Western 
Union  to  maintain  higher  rates  than  its  “rivals.’1 
in  order  that,  the  former  and  not  tho  latter  may  be 
“  destroy  ed  1"  We  have  repeatedly  remonstrated 
against  what  we  believed  to  be  unreasonable  reduc¬ 
tions,  but  when  compelled  to  reduce,  by  tho  action 
of  out  competitors,  we  have  not  always  permitted 
them  to  dictate  the  rates.  If  our  rivals  have  been 
vanquished,  it  was  either  because  they  did  not  pos¬ 
sess  the  facilities  requisite  for  doing  sufficient  busi¬ 
ness  to  enable  them  to  pay  its  expenses,  or  because 
the  rates  they  insisted  upon  establishing' proved 
to  lie  nnremunemtive,  or  because  they  failed  to 
conduct  their  business  to  the  satisfaction  of  the 


The  charge  that  the  Western  Union  Company 
“have  not  scrupled  to  use  any  device  which  the 
powerful  can  employ  against  the  weak,  and  failing 
in  the  opon  Held  of  fair  competition,'  have  resorted 
to  urtillee,  uml  have  triumphed  by  making  gold 
their  weapon,”  is  absolutely  groundless,  and  if  ut¬ 
tered  by  one  less  distinguished  than  the  Postmas¬ 
ter-General,  would  deserve  to  be  characterised  as  a 
pompous  slander.  It  published  by  one  private  in¬ 
dividual  in  respect  to  another,  it  would  make  its 
author  liable  to  an  action  for  damages. 

It  is  true  that  we  are  ready  to  purohuso.telegrnpli 
lines  required  to  meet  the  demands  of  a  constantly 
increasing  business  whenever  we  can  do  so  on  terms 
that  are  deemed  satisfactory,  llut  there  are  always 
two  parties  to  such  transactions— the  buyer  and  the 
seller— and  neither  can  accomplish  his  purpose  with¬ 
out  the  assent  of  the  other.  It  has  rarely  happened 
in  the  purchase  of  telegraph  lines  that  we  could  not 
have  acquired  them  on  better  terms  by  waiting 
longer.  But  if  the  owners  of  private  property  de¬ 
sire  to  sell  it,  and  parties  can  lie  found  able  and  wil¬ 
ling  to  buy,  what  has  the  Postmaster-General  to  do 
with  the  transaction,  whether  the  buyer  or  the  sell¬ 
er  makes  the  better  bargain  I  Who  has  addressed 
to  him  n  complaint  that  tho  Western  Union  Com¬ 
pany  1ms  obtained  control  of  any  property  by  dis¬ 
honorable  means  ? 

The  letter  concludes  with  a  fit. tiler  di  t  us  ion  ol 
the  expediency  of  a  government  telegraph- 

I  have  the  honor  to  be.  sir, 

Very  respectfully, 

Your  obedient  servant, 

WILLIAM  OliTON. 


THIS  AUTOMATIC  TELEGRAPH. 

After  the  letter  to  .the  Postmastcr-Genornl  was 
put  in  type,  I  received  information  that  a  series  of 
experiments  in  transmitting  the  President’s  Mes¬ 
sage  had  been  made  by  the  Automatic  process,  and 
that  on  one  occasion  these  experiments  hml  been 
conducted  in  the  presence  of  the  Postmaster-Gene¬ 
ral  and  other  eminent  persons.  It  was  represented 
that  in  the  earlier  experiments  the  time  required  lo 
transmit  the  message  between  Washington  and 
New  York  was  thirty-four  minutes,  but  that  sub¬ 
sequently  tiie  transmission  was  accomplished  in 
twenty-two  minutes. 

I  will  assume  not  only  that  tiiese  statements  are 
correct,  but  will  go  further  and  admit,  for  the  pur¬ 
pose  of  this  illustration,  that  the  transmission  can 
be  successfully  made  in  telegraphic  characters, 
plainly  legible,  in  twenty  minutes. 

Tiie  President’s  Message,  the  Spanish  Protocol, 
and  a  digest  of  tiie  Treasury  Report,  aggregating 
11,040  words,  were  transmitted  by  the  Western 
Union  Company  from  .Washington  to  New  York, 
on  eight  wires,  and  six  copies  taken,  in  an  average 
of  sixty  minutes.  But  for  a  misunderstanding 
which  resulted  in  a  brief  interruption  of  one  of  the 
wires,  tiie  transmission  would  have  been  completed 
in  a  few  minutes  less  time.  To  work  these  eight 
wires  required  eight;  sending  operators  at  Wnshing- 
ton  aiuleight  receiving  operators  at  New  York. 

J' "  “stern  Union  or  Morse  process  the  acts  id 

'  8  nd  receiving  are  simultaneous  ;  and  when 

all  the  matter  hud  be,  a  suit  it  was  all  received. 
' 1  11  (mt  i,M(l  randy  for  delivery.  Biit  the  Auto- 

processes  i*5"1  inV°lm  tl"w  dlsrlii«:t 


First. — The  message  must  be  translated  into  tele¬ 
graphic  language,  by  perforations  in  strips  of  paper, 
which  correspond  to  the  dots  ami  dashes  of  the 
Morse  alphabet. 

Second. — The  perforated  paper  must  be  wound 
upon  a  reel  and  then  made  to  pass  rapidly  under  a  31 
steel  comb,  the  teeth  of  which  dropping  through 
the  perforations  establish  electrical  connection  with 
the  receiving  instrument  at.  the  other  end  of  tiie  cir¬ 
cuit,  where  the  electric  current,  acting  upon  chemi¬ 
cally  prepared  paper,  reproduces  the  dots  and 
duslics. 


mini.— Thu  1 

graphic  charactei 


e,  which  is  then  in  tele- 
it  be  translated  and  copied. 


The  first  requisite  of  the  telegraph  is  speed,  and 
110  new  process  is  entitled  to  consideration  that  will  • 
not  perform  ordinary  telegraph  work  within  the  -1- 
same  time  that  it  can  be  done  by  the  process  now 
in  use.  It  will  not  do  to  say  that  the  Western 
Union  Company  could  do  its  work  with  a  less  num¬ 
ber  of  wires  if  it  had  the  Automatic,  or  that  the 
Automatic  can  do  the  same  work  m  longer  tune 
with  fewer  wires.  The  Wester  Union  has  the  . res 
requisite  to  do  all  the  work  demanded,  and  lit 
Automatic  can  not  hope  to  compete  succession} 
without  doing  its  work  with  equal  promptness 

TI10  real  question,  then,  in  this  case 
does  the  Automatic  process  im  oh e  in  u  33 

enable  it  to  deliver  the  President  s  Messag 
.  pletu  in  New  York  within  sixty  minutes  0 
receipt  at  Washington  1 


I  have  assumed  that  its  transmission  lould  be  ac¬ 
complished  in  tv  n.y  111  unit  II  *'  1  f0 

tion  at  one  end  and  the  translation  and  “o  i  tuf, 

the  other  must  both  be  accomplished  1.  fo 
minutes,  and  it  will  not  be  unfair  to 


I  I  tl  si  1  1  forty 
e  unfair  to  divide  the 


time  equally,  and  give  twenty  minutes  to  eneh. 
Now,  one  Morse  operator  will  send  in  an  liour  as 
many  words  as  one  operative  can  perforate  in  tin; 
same  time.  I  am  confident  the  former  can  do 
twenty-live  per  cent,  more  than  the  latter.  It  it 
took  eight  operators  one  liour  to  solid  the  message, 
31  allowing  the  sumo  time  to  perforate  it,  it  would 
require  three  times  eight,  equal  to  twenty-four, 
operators  to  perforate  it  in  one-third  of  an  hour. 
Assuming  that  the  transmission  is  accomplished 
without  accident  in  twenty  minutes,  and  that  it  is 
plainly  legible,  wo  have  now  consumed  forty 
minutes,  and  the  message  is  still  a  confused  mass 
of  paper  tape,  on  which  are  telegraphic  characters, 
and  there  remain  twenty  minutes  in  which  to  trans¬ 
late  and  copy.  It  can  bo  readily  demonstrated 
that  an  operator  will  not  translate  and  copy  from 
the  paper  tape  more  than  half  us  fast  ns  when  rc- 
!5  ceiving  by  sound.  Assuming  this  to  be  true— and 
the  only  doubt  I  have  is  whether  the  copying 
capacity  is  not  over  estimated— it  would  take  twice 
as  many  translators  and  copyisls  to  perform  the 
-work  in  twenty  minutes  as  it  did  perforators — 
that  is,  forty-eight.  So  then,  it  would  require 
twenty-four  perforators,  forty-eight  copyists,  nml 
at  least  three  more  to  attend  the  transmitting  and 
receiving  instruments  and  the  perforators,  making 
a  force  of  seventy-live  to  accomplish  in  an  hour  the 
work  performed  with  sixteen  operators  on  eight 
wires  by  the  Western  Union  in  the  same  time.  I 
have  before  staled  that  it  is  the  experience  of  those 
III  connected  with  the  British  Telegraph  lines  that  live 
times  as  many  operators  are  required  to  work  the 
automatic  process  effectively  as  the  Morse.  Five 
times  sixteen  are  eighty,  or  live  more  than  my  esti¬ 
mate  m  this  instance,  which  is  probably  too  low  bv 
at  least,  live. 

Whatever  else  the  At  1 1  may  1  >  able  to  do 
satisfactorily,  it  is  very  certain  that  it  cannot 


tcrinl  whether  it  is  more  economical  than  other 
processes  or  not.  The  press  of  this  country  insist 
upon  having  the  very  lalest  news  possible  to  lie  ob¬ 
tained  lip  to  the  lime  of  going  to  press,  and  they 
are  willing  to  pay  what  it.  will  cost  to  procure  it  by 
tlmt  process  Mint  will  give  it  to  Ilium.  But  tho 
automatic  is  not  the  most  economical.  It  would 
he  decidedly  cheaper  for  (lie  Western  Union  to 
provide  and  niiiiiitaiii  seven  additional  wires  be¬ 
tween  Washington  nml  Now  York  tlinn  to  maintain 
such  a  force  ill  both  places  as  would  render  it  pos¬ 
sible  to  transmit  and  deliver  by  the  automatic 
process  12,000  words  within  an  hour  from  the  time 
of  tiling,  without  interfering  materially  with  other 
business  passing  between  the  same  places  at  the 
same  time.  It  Inis  .sometimes  been  said  that  less 
skilled,  nml  therefore  less  expensive  labor,  could 
be  employed  in  tho  nntoiimlic  process  than  is  re¬ 
quired  under  the  Morse  system.  But  this  is  en¬ 
tirely  fallacious.  The  skill  mid  experience  required 
to  perforate  nml  to  translate  and  copy  promptly 
and  accurately  will  lie  certain  to  command  as  high 
wages  ns  are  paid  for  other  telegraphic  work. 

Of  every  dollar  received  by  the  Western  Union 
Company  wenro  obliged  to  disburse  about  70  cents 
to  pay  for  tho  cost  of  getting  it.  About  -10  cents  o 
the  70  are  paid  for  labor.  To  double  the  cost  o 
thu  labor  nlonu  would  change  the  proportion  ol 
expenses  to  receipts  from  70  and  100,  as  at  present, 
to  110  nml  100.  It  is  not  necessary  .to  pursue  tin 
computation  further,  but  it  will  he  easy  to  s  ion 
what  the  result  would  be  if  the  cost  of.laboi  was 
multiplied  by  live. 

Announcement  was  recently  made  in  the  Bnglisli 
pnporsof  what  was  there  considered  an  ex  1,10 
nary  telegraphic  feat  in  the  transmission  to  n 
press  of  tin  address  by  John  Bright  to  tins 
tueiits  at  Birmingham.  Extensive  prepare  1 


vanco  of  its  delivery.  A  special  stair  was  sent  out 
from  the  London  oilice  to  reinforce  tlic  regular  sialf 
at  Birmingham,  and  the  ordinary  equipment  was 
augmented  by  12  Wheatstone’s  Automatic  Trans¬ 
mitters  and  !i0  perforating  machines,  0  of  which 
wore  of  extra  power,  capable  of  producing  !J  pcr- 
10  forntcd  copies  at  one  operation.  This  gave  an 
equivalent  of  48  ordinary  perforators.  It  appears 
that  witli  this  immense  array  of  machines,  operated 
by  GO  clerks,  the  British  telegraph  was  able  to 
transmit  the  speech  of  Mr.  Bright  direct  to  21 
cities,  and  indirectly  an  abridged  report  to  (t  oilier 
places.  Tiie  address  was  made  in  the  evening,  and 
all  that,  was  required  of  the  telegraph  was  to  trans¬ 
mit  and  deliver  it  in  time  for  publication  in  the 
morning  papers.  This  would  give  an  average  ol 
live  to  six  hours.  I  have  no  information  as  to  the 
number  of  clerks  required  to  translate  and  copy  at 
jq  the  stations  where  it  was  delivered,  but,  judging 
by  the  number  required  to  transmit,  the  copying 
force  must  have  been  very  large. 

The  Western  Union  Company  received  the  Presi¬ 
dent’s  message  at.  the  Washington  oilice,  December 
2,  at  1  o’clock  i*.  m.  As  before  stated,  it  was  sent 
to  Hew  York  on  eight  wires,  and  copies  were  drop¬ 
ped  at  Baltimore  and  Philadelphia.  At  New  York 
six  copies  were  taken,  four  for  delivery'  to  the  press 
and  two  for  .use  m  re-transmission.  Prom  Now 
York  it  was  sent  to  Boston  and  dropped  at  all  the 
intermediate  cities  which  take  regular  press  reports, 
yo  and  also  West,  to  Btilfalo  and  Chicago,  with  drops 
at  intermediate  stations.  Prom  Philadelphia  it  was 
sent  to  Pittsburgh  and  West  and  South,  with  inter¬ 
mediate  drops.  Prom  Chicago  it  was  re- transmit 
ted  to  San  Pmneisco  and  other  Western  points.  At 
the  same  time  that  it  was  being  sent  from  Wash¬ 
ington  to  New  York,  Washington  was  sending  it 
boutli  and  Southwest,  so  that  within  three  hours  ol 
its  reception  at  the  Washington  station  it  had  been 
•  transmitted  to  sixty  other  stations,  ami  delivered 


to  more  than  100  newspapers  scattered  over  an  area 
of  2,000  miles  in  extent  in  one  direction  mid  4,000 
miles  in  another.  No  such  telegraphic  performance 
is  possiblo  by  any  system  in  any  other  country.  . 

I  do  not  wish  to  ho  understood  ns  desiring  to 
niuku  disparaging  comparisons,  nor  ns  questioning  43 
the  olllciency  of  the  British  telegraphs.  They  aro 
most  ably  and  ellicicntly  managed.  Money,  energy, 

-  and  diligence  have  been  bestowed  upon  them  with¬ 
out  stint.  They  possess  certain  decided  advantages 
over  the  American  telegraphs.  Their  operations 
are  conducted  within  a  limited  area  and  among  a 
dense  population.  Material  of  all  kinds  costs  a 
third  less  there  than  here,  and  labor  less  than  half  as 
much.  It  would  not  be  surprising,  therefore,  if 
under  these  favorable  conditions  their  performance 
excelled  ours.  Sueh,  however,  is  not  the  fact,  ilio 
American  telogmps  perform  more  work  in  the  same  44 
time,  and  with  less  labor  than  those  of  any  other 
count rv.  The  results  of  the  following  comparison 
between  New  York  and  lamdon  fairly  represent 
the  difference  between  nil  the  oilier  principal  cities 
or  the  two  countries. 

At  the  Central  Telegraph  Station  in  London  the 
working  force  consists  of  1,243  persons,  me  u  tng 
the  ...  imager  and  his  assistants,  but  exclude  of 
messengers.  Counting  "d 

the' SotW  passing  daily  through  that 
still  ion  is  nbont  35,000-being  an  average  of  about  4o 
28  messages  for  eacli  employe. 

The  working  force  of  the  Western  Uni™ 
pany's  central  oilice  in  New  \oik  is  ".'A.xolad- 
inel tiding  the  malinger  and  assistants’.  ^ 

ing  messengers.  The  number  M  ^  ® 

daily,  counted  us  above,  is  about  - , 
ttveraco  of  107  per  day  for  each  employe. 


Tho  annual  compensation  paid  to  male  employes 
of  tho  London  office  averages  §380  each,  and  to  the 
female  employes  §108  each.  The  average  compen- 
'  sationpaid  to  the  male  employes  of  the  Western 
Union  Company  at  their  central  oflieo  in  Now  York 
is  §013  per  annum,  and  of  tho  females  §512  per  nn- 

In  view  of  tile  facts  herein  stated,  it  is  not  prob¬ 
able  that  the  automatic  system  will  ever  become  a 
formidable  rival  of  that  employed  with  such  satis¬ 
factory  results  by  tho  telegraph  'companies  in  the 
United  States. 

W.  O. 


To  Ilis  Honor  Tiikodouk  Kusyox,  Chancellor  of 

the  Slain  of  Neio  Jersey : 

Ilumbly  complaining,  showeth  unto  your  Honor, 
your  orator,  the  Western  Union  Telegraph  Com-  49 
puny,  a  corporation  and  citizen  of  the  State  of  New 
York : 

That  your  omtpr,  the  Western  Union  Telegraph 
Company,  is  a  corporation  organized  and  doing 
business  under  tho  laws  of  the  State  of  New  York, 
for  tho  purposo  of  operating  telegraph  lines  in  that 
and  other  States  of  the  United  Slates,  and  having 
its  principal  office  in  the  city  of  New  York.  That 
on  or  previous  to  the  month  of  .Inntmry,  1871, 
Thomas  A.  Ellison,  who,  as  your  orator  is  informed 
and  believes  to  be  true,  was  then  and  ever  since  has 
been,  nnilis  now  11  resident  of  the  city  of  Newark,  00 
in  tile  State  of  Now  Jersey,  entered  into  an  arrange¬ 
ment  and  agreement  with  the  complainant  through 
William  Orton,  its  president,  that  said  Ellison 
should  endeavor  to  invent  improvements  in  Stearn’s 
duplex  system  of  telegraphy,  and  to  invent  other 
duplex  apparatus  and  other  processes  in  connection 
with  telegraphy,  by  which  more  than  one  message 
could  bo  sent  on  one  wire  at  the  same  time,  and 
should  use  therefor  the  lines  of  your  orator,  and  its 
men  and  employees,  workshops,  and  materials, 
and  that  whatever  inventions  should  so  lie  made  by 
tho  said  Edison,  and  all  patents  that  might  be  se-  51 
cured  therefor,  should  be  assigned  and  conveyed  to 
your  orator,  who  should  pay  such  price  therefor  ns 
was  reasonable  and  just ;  the  amount  of  compensa¬ 
tion  to  be  ascertained  either  by  agreement  between 
the  parties  or  by  arbitration. 

And  your  orator  further  shows,  that  in  l,lll”'|" 
anco  of  this  arrangement  and  agreement,  saa  '  ‘  ■ 
son  was  given  the  use  of  tho  electrician  of  the 


puny,  mul  snoli  other  of  its  employees  ns  lie  de¬ 
sired,  the  use  of  its  wires,  workshops,  nnd  limtcri- 
nls,  nnd  his  experiments  were  continued  for  the 
space  of  several  months  in  endeavoring  to  invent 
some  improvement  upon  t.lie  Stenrn’s  process,  or 
some  now  process  by  which  more  than  one  message 

5.2  could  bo  sent  over  one  wire  at  the  same  time. 

And  your  orator  further  shows,  that  on  or  about 
the  10th  day  of  August,  187-1,  the  said  Edison  as¬ 
sociated  with  himself  George  B.  Prescott,  who  was 
then  the  electrician  of  the  complainant,  and  articles 
of  agreement  were  made  and  entered  into  between 
said  Edison  and  Prescott  of  that  date,  which  recited 
that  said  Edison  had  invented  certain  improve¬ 
ments  in  Duplex  telegraph,  for  which  ho  had  then 
executed,  or  was  about  to  execute,  applications  for 
letters  patent  of  the  United  States,  nnd  that  the 
numbers  of  such  applications  were  04,  95,  90,  97, 

53  98,  99,  and  100,  bearing  date  August  10th,  1S74,  and 
turthcr  reciting  that  said  Prescott  ivas  entitled  to 
an  equal  interest  in  the  same  ;  and  said  agreement 
further  witnessed  that  in  consideration  of  the  prem¬ 
ises,  and  of  one  dollar,  the  receipt  whereof  was 
thereby  acknowledged  by  said  Edison,  lie,  the  said 
Edison,  had  sold  and  assigned,  and  did  thereby  set 
over  and  convey  unto  the  said  Prescott,  one  undi¬ 
vided  half  part  of  the  right,  title,  and  interest  of 
every  character  in.  to.  under,  anil  connected  with 
each  and  all  of  the  said  inventions  nnd  letters  pat¬ 
ent  for  the  same  when  the  same  should  be  granted, 

54  and  requested  the  Commissioner  of  Patents  to  issue 
the  said  letters  patent  to  said  Edison  nnd  Prescott, 
as  assignees  of  said  Edison,  for  the  use  of  said  par¬ 
ties  and  their  legal  representatives.  Said  agree¬ 
ment  further  recited  that  whereas  the  said  Edison 
had  also  invented  other  improvements  in  duplex 
telegraph,  the  descriptions  of  which  had  been 
lodged  with  George  M.  Phelps  for  the  purpose  of 
models  being  constructed,  it  was  agreed  that  such 
inventions  should  be  included  in  the  said  agreement 


botween  said  Edison  and  Prescott,  and  that  when  the 
applications  for  patents  therefor  should  ho  made  that 
tlio said  patents  should  beginuled  in  nocnrdnncewith 
the  said  agreement  made  with  reference  to  the  num¬ 
bers  which  were  given  in  said  agreement,  mid  that 
said  Edison  should  sign  the  required  papers  there¬ 
for;  and  said  agreement  further  witnessed  that  the  no 
said  transfer  to  the  said  Prescott  was  made  on  the 
following  terms  and  conditions,  which  were  thereby 
made  part  or  the  consideration  aforesaid,  to  wit : 

1st.  That  both  of  tin-  parties  should  liavoan equal 
undivided  interest  in  all  the  letters  patent  of  the 
■  United  States,  or  of  any  foreign  countries  which 
might  be  granted  for  all  or  any  or  the  said  inven¬ 
tions,  or  of  any  future  improvements  thereon,  made 
'  by  either  party,  and  of  all  extensions  or  re  issues  of 
such  letters  patent. 

2d.  That  whereas  Edison  lead  therefore  expended  33 

eleven  hundred  and  twenty-live  dollars  foi  models 

and  patent,  fees,  the  said  Prescott  agreed  to  pay 
solely  and  without  contribution  from  Edison  all  fn- 
tnre  expense  and  cost  of  specifications,  drawings, 
models,  patent  oillce  fees,  and  patent  solicitors  anil 
agents’  fees,  and  all  oilier  charges  menleiit  to 
procuring  of  letters  patent  for  any  of  said  mica 

3d.  That  neither  of  said  parlies  should  sell,  as¬ 
sign,  or' otherwise  dispose  of,  the  whole  or  any  o 
his  interest  in  said  inventions  or  letters  patent  57 
therefor,  or  any  of  them,  without  the  written  eon- 
'  sent  thereto  first  obtained  of  the  other  party. 

’  ■  4th.  That  neither  of  said  parties  would  himself 
;  manufacture,  use,  or  sell,  or  grant  licenses,  o  >0 
;  right  in  any  way  to  any  other  party  to  “in 
..  .  ture,  use,  or  sell  any  of  the  said  inventions,  01  >> 

-  .  improvements  thereof,  or  any  machine  cm  an  o> 
or  article  containing  any  of  said  invention 


provoments,  or  protected  by  nny  ot  tlio  snid  letters 
patent,  without  the  written  consent  lirst  obtained 
of  the  other  party. 

5th.  That  no  sale  of  any  of  the  said  inventions, 
and  no  license  or  right  to  make  or  use  the  same  in 

58  any  way,  should  bo  made  or  given  except  at  a  price 
to  which  both  parties  should  agree  in  writing  ;  and 
all  net  profits  should  be  equally  divided  between 
the  snid  parties. 

(ith.  And  your  orator  further  shows  that  said 
agreement  bet  ween  the  said  Edison  and  Prescott  was 
received  for  record  in  the  United  States  patent  office,  . 
on  the  20th  day  of  August,  1874,  and  recorded  in 
Liber  It,  18  page  02, of  Transfers  of  Patents, as  in  and 
by  the  said  agreement  remaining  of  record  as  afore¬ 
said,  more  fully  and  at  large  appears,  and  to  which 
or  a  duly  certified  copy  thereof,  your  orator,  for 

59  greater  certainty,  begs  leave  to  refer. 

And  your  orator  further  shows  that,  after  the  ex¬ 
ecution  of  said  agreement  between  said  Edison  and 
Prescott  said  parties  continued  to  make  experi¬ 
ments  over  tlie  lines  of  your  orator  under  the  same 
arrangement  as  to  them  jointlyns had  been  thereto- 
fore  made  with  said  Edison  individually ;  and  nil 
facilities  and  assistance  required  by  tlie  snid  par¬ 
ties  to  make  the  said  experiments  was  niforded  to 
them  by  your  orator. 

And  your  orator  further  shows  that  these  experi- 
00  inents  continued  until  on  or  about  the  10th  day  of 
December,  1874,  when  your  orator  was  informed  by 
tlie  said  Edison  and  Prescott  that  the  experiments 
were  in  such  shape  as  to  give  a  promise  of  develop¬ 
ing  important  results,  and  that  tlie  snid  parties  hail 
discovered  valuablo  improvements  in  connection 
with  the  duplex  and  quudruplex  system  of  tele- 
grapliy,  and  that  said  parties  expected  soon  to  be 
able  to  demonstrate  the  practicability  of  their  inven¬ 


tions.  That,  at  the  last  mentioned  date,  the  said 
Edison  desired  to  secure  in  advance  a  portion  of 
the  money  which  would  be  due  to  him  or  to  said 
Prescott  and  Edison  as  the  price  orcompcnsntiou  for 
such  inventions  asaforesaid,  and  such  letters  patunt 
of  the  United  States  as  either  or  both  might  obtain 
for  such  inventions,  as  it  was  thereupon  agreed  by  '*1 
said  Edison  with  your  orator  that  the  said  Prescott 
and  Edison  would  assign  nil  their  right,  title  and 
interest  in  and  to  all  the  inventions  they  had  so 
made  and  might  make  in  telegraphy  relating  to 
duplex  and  quudruplex  telegraphy,  and  all  letters 
patent  of  the  United  Slates  which  they  might  obtain 
therefore  to  vour  orator  upon  receiving  such 
compensation  ns  should  thereafter  be  satisfactorily 
adjusted  between  your  orator  and  the  said  Edison 
and  Prescott,  and  that  thereupon  the  making  ot  the 
said  agreement,  and  in  consideration  of  the  agree¬ 
ment  theretofore  entered  into  between  your  orator  ^ 
anil  the  said  Edison  and  Prescott,  and  in  execution 
thereof  vour  orator  paid  to  tin:  said  Edison  tlie  sum 
of  live  ‘thousand  dollars  in  part  payment  of  the 
price  so  agreed  to  he  paid  to  tin.  said  Edison  anil 
tile  snid  Prescott,  nml  thereupon  a  paper  was  exe¬ 
cuted  by  said  Edison  under  his  hand  anil  -seal,  ami 
subscribed  by  him.  bearing  date  the  Kith  day  oi  ue- 
cemlier,  1874,  a  copy  of  which  is  hereto  annexed  as 
Exhibit  A. 

And  vour  orator  further  shows  that  at  die  same 
time  the  said  Prescott  being  desirous  of  obtaining  a 
portion  of  the  price  or  compensation  to  wind  lie  03 
would  bo  entitled  under  the  nrrangement  and  agree¬ 
ment  entered  into  between  your  orator  am 
-Edison  and  Prescott,  requested  the  pay  men 
by  your  orator  of  the  sum  of  $5,000  ...  l*r  P;0; 
mentof  such  sum  ns  it  might,  thereafter  be >»•« 
taiued  lie  was  entitled  to  umloi  the  nrmi  b 
and  agreements  aforesaid,  and  that  suu  ,  *  r 

was  assented  to  and  the  said  sum  was 
paid  to  him  by  your  orator,  anil  he  subscribed  and 


M 

-W.  til 


executed  tmdor  his  hand  mid  seal  n  paper  bearing 
date  the  10th  day  of  January,  187(5,  a  copy  of  which 
is  hereto  annexed  and  marked  Exhibit  11. 

And  your  orator  further  shows  that  on  or  about 
tholOth  day  of  December,  1874,  negotiations  coni¬ 
cs  menced  between  your  orator  and  the  said  Edison 
and  Prescott  for  the  purpose  of  ascertaining  the 
amount  and  terms  of  payment  as  provided  for  in 
Exhibits  A  and  13,  by  a  proposition  in  writing, 
signed  by  said  Edison  and  Prescott,  a  copy  of 
which  is  hereto  annexed  marked  Exhibit  C,  and 
said  negotiations  were  continued  until  about  the 
80th  of  December,  1874,  when  a  formal  proposition 
in  writing  was  made  by  the  said  Edison  and  Pres¬ 
cott  to  your  orator,  to  lix  the  amount  to  be  received 
by  them  for  the  transfer  of  all  United  States  pat¬ 
ents  of  said  Edison  and  Prescott,  and  inventions  of 
said  Edison  or  Prescott  heretofore  mentioned  at  the 
G5  sum  of  §25,000  in  cash,  and  a  royalty  of  §288 per  year 
for  each  circuit  created.  That'  at  the  time  tills  offer 
was  made  to  the  president  of  your  orator  said  presi¬ 
dent  submitted  the  same  to  the  executive  committee 
of  the  Board  of  Directors,  and  they  appointed  the 
president  in  connection  with  George  11.  Mu  in  ford 
and  Nowin  Green,  vice-president  of  said  compnny, 
a  committee  with  full  power  to  act  with  reference  to 
said  matters  on  behalf  of  your  orator.  That  at  the 
same  time  the  president  of  your  orator  was  about 
to  depart  from  the  State  of  New  York  upon  busi¬ 
ness  which  would  keep  him  absentsometime,  which 
GO  ited  to  the  said  Edison  and  Prescott,  by 

him.  and  further  that  on  his  return  he  would  take 
up  and  consider  the  offer  aforesaid  immediately’ and 
reply  to  the  same,  and  lie  Toques  tod  that  the  offer 
might,  be  left  as  mndo  to  await  his  return,  to  which 
said  Edison  and  Prescott  then  and  there  assented. 

I  hat  the  said  president  returned  on  or  about  the 

II  th  day  of  January,  1875,  and  thereafter  upon  a 
consultation  with  said  Mmufordaud  said  Green, 
and  other  members  of  the  executive  committee  of 


said  company,  it  was  agreed  t  hat.  I  hey  would  accept 
on  behalf  of  the  company  the  said  proposition  of 
the  said  Edison  and  Prescott,  which  had  not  at  that 
time  been  in  any  way  revoked  or  modified  by  them, 
or  either  of  them.  That  on  the  tilth  day  of  Janu¬ 
ary,  1875,  your  oratoraccepted  the  offer,  which  the 
;  said  Edison  and  Prescott  had  so  made  as  aforesaid,  «7 
and  embodied  said  acceptance  in  a  letter  by  its 
president,  a  copy  of  which  letter  was  delivered  to 
said  Edison  and  said  Prescott  on  or  about  the  date 
thereof,  a  copy  of  which  is  hereto  annexed  as  Ex¬ 
hibit  D. 

And  your  orator  further  shows,  upon  informa¬ 
tion  nnd  belief,  that  on  the  delivery  of  said  letter 
to  said  Edison  he  declared  to  the  person 
who  handed  him  the  same  that  lie  repudiated 
all  obligation  to  convey  his  said  inventions,  patents, 
or  any  patents  or  interest  therein  to  the  said  West- 
em  Union  Telegraph  Company,  and  all  propositions 
and  agreements  theretofore  made  with  that  com¬ 
pany  relating  thereto ;  and  that  lie  should  at  all 
times  refuse  to  perform  any  of  said  agreements. 

The  said  Prescott,  upon  receiving  said  letter,  un¬ 
dressed  and  delivered  to  your  orator  a  letter  of  un¬ 
ification,  a  copy  or  which  is  hereto  annexed,  and 
marked  Exhibit  E;  and  that  said  Prescott  is.  as 
your  orator  is  informed  and  believes,  now  re.it  J 
nnd  willing  to  execute  his  portion  of  said  ctinti.it.  , 
and  to  unite  with  the  snitl  Edison,  as  required  >y 
their  agreements  above  mentioned,  to  comey 
die  Western  Union  Telegraph  Company,  .' 0111  G!) 
.  orator,  their  entire  interest  in  all  the  inventions  m 
Tetters  patent  of  the  United  States,  which  may 
; issued  thereon,  ns  above  described. 

Anti  your  orator  further  shows  that  >’«>•'' 
at  till  times  since  the  said  acceptance  of  •«  * 

Offer  of  the  said  Edison  and  Prescott  l"!1'"1"""8 
and  fixing,  in  the  maimer  printed  m  “°'L 
ment,  the  amount  of  consideration  payable  }. 

'  orator  to  this  said  Edison  nnd  Prescott  the  t  » 


1ms  been,  anil  now  is,  lonely  nml  willing,  nncl  here- 
by  offer  to  pay  to  the  said  Edison  and  Prescott  the 
cash  portion  thereof  remaining  duo  as  aforesaid, 
and  to  execute  all  reasonable  and  proper  instru¬ 
ments  securing  the  payment  of  the  said  royalty  oi 
$211!)  per  annum  for  each  circuit  created,  nml  to 
fully  do  and  perform  all  the  conditions,  terms  and 
obligations  of  the  said  agreement,  and  all  oilier 
acts  and  things  on  its  part  to  be  performed,  done 
and  kept ;  but  that  the  said  Edison,  ns  your  orator 
is  informed  and  believes,  claims  and  charges  that 
the  said  agreement  of  sale  is  void  and  of  no  effect, 
and  has  prevented  your  orator  fr  I  g  v 
tender  to  him  either  of  money  or  documents,  and 
lias  for  that  purpose  absented  himself  from  his 
dwelling-house  in  the  said  city  of  Newark,  and 
lias  kept  himself  concealed  from  Ihengents  or  your 
nmtor,  and  departed  out  of  the  State  of  New  Jer¬ 
sey ;  and  that  your  orator,  after  making  due  and 
reasonable  efforts  to  find  the  said  Edison  for  the 
purpose  of  tendering  to  him  the  remainder  of  said 
consideration  in  money,  and  a  suitable  agreement 
lor  the  payment  of  the  said  l-oyaltv,  and  of  again 
offering  to  perform  the  said  agreement  on  its  part, 
md  upon  failing  so  to  do  by  reason  of  the  said 
concealment  and  absonse  of  the  said  Edison,  did, 
in  tlie  281  h  January,  187ii,  at  the  city  or  New  York, 
Icumml  of  the  said  Prescott  si  convey  euro  to  your 
’mtor  of  the  matters  so  agi-ecd  to  be  sold  to  your 
iratoi  by  tlie  said  Edison  and  Prescott,  and  did 
then  and  there  tender  to  the  said  Prescott  the  said 
money,  and  offered  to  execute  a  proper  agreement 
for  securing  the  payment  of  the  said  royalty,  and 
thereupon  said  Proscott  declared  his  willingness  to 
comply  with  the  said  demand,  nml  execute  an  as¬ 
signment.  and  to  accept  the  said  money  and  agree¬ 
ment  for  royalty,  and  to  execute  n  proper  assign¬ 
ment  to  your  orator  of  the  interest  in  tlie  said  in- 
I’ontions  and  letters  patent  so  agreed  to  lie  sold 
is  aforesaid,  hut,  that  he  was. unable  so  to  do  by 
ease"  of  tin-  repudiation  of  said  Edison  of  said 


agreement,  and  the  refusal  of  tlio  said  Edison  to 
perform,  on  bis  part,  said  agreement,  and  to  join 
with  him,  said  Prescott,  in  performing  tlie  same. 

And  your  orator  further  shows,  that  your  orator 
entered  into  the  nrraiigenients  and  agreements  here¬ 
inbefore  sot  forth,  for  the  purpose  of  obtaining 
the  exclusive  use  of  nil  inventions  which  might  be 
made  by  said  Edison  and  Prescott,  or  cither  of 
them,  relating  to  duplex  orqmiilriiplex  telegraphy, 

.  and  was  induced  to  give  the  time  of  its  employees 
and  the  use  of  its  works,  workshops  and  materials, 
and  lilies,  to  said  Edison  mid  Prescott,  mid  to 
make  the  payments  to  them  as  aforesaid  solely-  be¬ 
cause  of  the  agreement  on  tlie  part  of  said  Edison 
and  Prescott,  to  give  to.  the  company  the  exclusive 
benefit  and  uso  of  such  inventions  as  might  be 
made  in  the  experiments  above  mentioned.  That 
your  orator  would  not  have  entered  into  the  said 
urmngomuut  or  agreement,  or  made  tlie  expundi-  74 
tares,  or  advanced  the  money  ns  aforesaid,  bad 
it  not  relied  upon  Hie  good  faith  of  tlie  said  Ed¬ 
ison  and  Prescott  to  faithfully  carry  out  mid 
perform  the  agreement  made  by  them  as  aforesaid. 

And  your  orator  further  shows,  that  'unless  your 
orator  secures  tlie  exclusive  control  of  tlie  said  in¬ 
ventions  mid  sueh  patents  of  the.  United  States  as 
may  be  obtained  therefor,  your  orator  will  be  de¬ 
prived  of  large  gains  am!  profits  mul  advantages — 
the  exact  amount  of  which  it  is  impossible  to  es¬ 
timate  or  ascertain  ;  and  of  the  conveyance  of  these 
patent  interests  mid  inventions,  me  made  to  other  75 
parties,  your  orator  will  he  subjected  to  litigation 
for  infringements  of  patents,  and  for  actions  for 
damages  on  buliulf  of  those  to  whom  any  such  con¬ 
veyances  or  transfers  may  lie  made  by  said  Edison 
and  Prescott,  and  that  there  is  nothing  now  known 
which  will  bike  tlie  place  of,  or  supply  the  inven¬ 
tions  embodied  in  tlie  applications  made  by  the 
Patent  Ollice  by  tlie  said  Edison  and.  Prescott  as 
aforesaid. 


Awl  your  orator  further  shows,  tlint  tho  said 
Prescott  is  willing  to  make  the  transfer  according 
to  tho  agreement  of  said  Edison  and  Prescott,  with 
your  orator  in  pursuance  of  his  ngrocinent,  but  the 
same  requires  tho  joining  therein  of  the  said  Edison 
under  the  terms  of  the  agreement  between  tho  said 

76  Edison  and  Prescott  hereinbefore  recited,  in  order 
to  make  the  same  valid  and  olTcctual ;  and  your 
orator  is  informed  and  believes,  that  tho  refusal  of 
the  said  Edison  to  join  in  such  conveyance,  and  to 
make  the  transfer  to  your  orator,  ns  agreed  by  him. 

.  arises  solely  from  the  fact  that  he  is  now  in  nego¬ 
tiations  with  other  parties  from  whom  he  expects 
to  obtain  an  arrangement  which  will  be  of  greater 
pecuniary  advantage  to  himself  than  that  hereto¬ 
fore  made  with  your  orator. 

And  your  orator  further  shows,  that  said  Edisou 

77  threatens  to  convey  his  interest  in  the  inventions 
and  patents,  to  ho  obtained  by  him,  to  other  par¬ 
ties  than  your  orator,  and  that,  as  your  orator  is 
informed  and  believes,  to  bo  true,  tho  said  Edison 
is  insolvent  and  of  no  pecuniary  responsibility. 

And  your  orator  hoped  that  said  Edison  awl 
Prescott  would  have  performed  the  said  agreement 
on  their  part,  respectively,  as  in  justice  and  equity 
they  ought  to  have  done  respectively. 

But  now  so  it  is,  may  it  please  your  Honor,  tho 
said  Thomas  A.  Edison  and  George  B.  Prescott, 

78  who  are  the  defendants  to  this  bill,  combining 
and  confederating  with  others  at  present  unknown 
to  your  orators,  butwhoso  names,  when  discovered, 
it  prays  may  he  inserted  herein  with  proper  and 
apt  words,  to  charge  them  herein,  absolutely  refuse 
to  perform  said  contract,  and  sometimes  give  out 
ami  pretend  that  said  agreement  was  never  made  ; 
at  other  times  that  your  orator  had  failed  to  per¬ 
form  its  part  of  the  contract,  and  that  they,  the 
said  Edison  and  Prescot  t  were,  and  each  of  them 


was,  always  ready  and  had  offered  to  perform  their 
part  of  said  agreement,  but  your  orator  expressly 
charges  the  contrary  thereof  to  lie  true,  all  of 
which  actings,  doings,  refusals,  and  pretences  are 
contrary  to  equity  and  good  conscience,  uml  tend 
-to  the  manifest  wrong  and  injury  of  your  orator 
in  the  premises.  In  consideration  whereof,  and  f® 
for  ns  much  as  your  orator  can  have  adequate  re¬ 
lief  in  the  premises  only  in  a  Court  of  equity, 
whero  matters  of  this  nature  are  properly  cogniz¬ 
able  and  relievnble,  to  the  end,  therefore,  that,  said 
.:Tlionms  A.  Edison  and  George  B.  Prescott,  and 
'  their,  and  each  of  their  confederates,  when  dis- 
'  covered,  may,  upon  their  several  and  respective 
M  onths,  true,  full,  perfect,  and  distinct  answers  make 
:  to  all  and  singular  the  premises;  and  that  the  de- 
fendants,  their  agents,  attorneys,  solicitors,  ser- 
,  rants  and  workmen,  and  each  and  every  of  them, 
may  be  perpetually  restrained  and  enjoined  from  gp 
conveying  to  any  other  party  than  your  orator  any 
of  the  inventions  for  which  the  defendant  Edison 
made  application  for  letters  patent  of  the  United 
'  States,  liv  applications  bearing  dale  August  itltli, 

:  187-1,  and  numbers  IM,  Of.,  1)0,  07,  1)8,  »0,  and  KID, 

.  or  any  and  all  letters  patent  of  the  United  States, 
which  linvc  been  or  may  be  issued  for  the  same 
inventions,  or  any  of  them,  or  any  and  all  the  im¬ 
provements  in  duplex  telegraph,  the  descriptions 
•  of  which  were,  by  the  said  defendants,  or  either  of 

■  them,  lodged  with  George  \V.  Phelps,  for  the  pur¬ 
pose  of  the  construction  of  models,  on  or  before 

.  the  10th  day  of  August,  187-t,  or  any  and  ail  let-  f>! 
ters  patent  of  tho  United  States,  which  have  been 

■  or.  may  be  issued  for  tho  same,  or  any  of  them,  or 
any  and"  all  inventions  and  improvements  ill 

,  duplex  and  qiindruplox  telegraph  made  or 
$  to  be  made  by  said  defendants,  or  either  of  them, 

;  nnd  in  which  tho  said  defendants  are,  oi  at  any 
|s ‘.time  may  be  jointly  interested  by  virtue  of  their 
f  said  agreement  between  them,  bearing  date  Aug. 

5*  10,  1874,  and  received  for  record  in  United  States 


Patent  Ofl! eo  on  Mio  20th  ilay  of  August,  1874  and 
recorded  in  Lib.,  K  J8,  ]>nge  02  of  tmnsfura  of 
patents,  or  any  and  ail  letters  patent  of  the  United 
States  which  have  been,  or  may  bo  issued  for  tlm 
same,  or  any  of  them,  or  the  right  to  use  nil  or  any 
of  said  inventions  or  letters  patent,  or  the  system 
6-  secured  by  tiio  same. 

And  that  the  defendants  may  be  enjoined  and 
restrained  in  like  manner  until  the  final  decree  of 
this i  suit,  and  that  said  Edison  and  Prescott  nmv 
be  decreed  to  join  in  the  execution  of  nil  instrn-  . 
nient  or  instruments  effectually  conveying  and  as¬ 
signing  to  your  orator  nil  the  inventions  for  which 
the  defendant  Edison  made  application  for  letters 
of  patent  of  the  United  States  by  applications, 
n(';ao^nc  ^A"f St  10’ J87-''  ,,UII,bered  04,05 ' 
00,  07  08  00  and  100,  and  ail  lei  ten  patent  of  the 
88  Statei!>  'vl'i«l‘  Imve  been,  or  may  be  issued 

to  the  same  inventions,  or  any  of  them,  and  also 
nil  the  improvements  in  duplex  telegraphs,  the 
or  ebl!  ,10IrSH  f  **"*  b-v  t,'°  defendants, 

oi  uthei  of  them  lodged  with  George  W.  Phelps 
for  the  purpose  of  the  construction  of  .models,  on 
before  the  10th  day  of  August,  1874,  ornnvnnd 
I  .  .  ,ett°1S  Pa,1'!'U.  "f  tl,B  Uni,cd  States  which  *  have 
•lml  it™  !"ii‘-  *  for  1 1*0  same  or  any  of  them, 

•lml t'1  ,!lv'!",1","s  nnd  improvements  in  duplex 
s  .id  d  r  i1’  ,e,t'8niP1,y  "Hide,  or  to  be  made,  by 
£s  h  f;n,S;"’rt‘itl,er  °f  nnd  in  wide, 

the  said  defendants  are,  or  at  anv  time  i,« 

84  Siir  ^'r'  b,V  Virtu"  of  tl,ei'  «aid  ngreeiuent 
c.-iv..,i  r  tl,L*m  'wniing  date  Aug.  10,  1874,  and  re- 
,  'on1,  ,','UC0''11  United  Stales  Patent  Oflice  on 
K  is  r !  18H  and  recorded  in  Lib, 

of  rii'i*  l nil  letters  patent 
of  United  Slates  udiieh  have  been,  or  may  be 
rur  hesam.,  or  any  of  them  your  on, tor 
men  .1  ,  '“"m'!10"  Ui°  tlulivory  of  said  assign, 
five  ti„  J  !T1.,bal',nco  °r  tl,u  ““d  sun.  of  twenty- 
thousand  doll.u-s  and  covenantingand  agreeing 


to  pay  the  annunl  royalty  of  §20:1  for  cncli  Circuit 
created,  nnd  that  your  orator  may  have  such  other 
and  further  relief  in  tho  premises  as  may  lie  agree¬ 
able  to  equity  and  good  conscience— May  it  please 
your  Honor,  tlic  premises  considered,  to  grant  unto 
your  orator,  not  only  the  states  writ  of  injunction 
issuing  out  of,  nnd  under  the  seal  of  this  Court,  to 
lie  directed  to  the  said  defendants  therein  enjoining 
and  restraining  them,  and  each  of  them,  as  afore¬ 
said,  but  also  a  writ  of  subpoma,  issuing  out  of, 
and  under  tile  seal  of  Ibis  Court,  directed  to  the 
defendants,  Thomas  A.  Edison  and  George  U.  Pres¬ 
cott,  coinnuiudiug  them  on  a  certain  day  and  undei 
a  certain  penalty  therein  to  lie  inserted,  to  lie  and 
appear  before  your  Honor,  in  this  honorable  Court, 
then  and  there  to  answer  ail  and  singular,  tlic 
premises,  and  to  stand  to,  abide  nnd  perform  such 
order  and  decree  therein  as  to  your  Honor  shall 
“seem  meet-  lind  agreeable  to  equity  and  good 
conscience,”  and  your  orator  will  over  pray,  &<:, 
LEON  ABBETT, 

Solicitor  and  of  counsel  with  complainant. 


Gkokge  II.  Mi’.mkokd,  of  the  city  of  Now  York, 
of  fill!  age,  being  duly  sworn  according  to  law,  on 
liis  oath  deposes  and  says,  that  lie  is  an  ofliccr,  to 
wit,  the  Vice  President  of  The  Western  Union 
Telegraph  Company,  the  complainant  in  the  fore¬ 
going  hill  of  complaint ;  that  lie  lias  heard  the  same 
read  to  him  and  knows  the  contents  thereof;  that 
he  is  acquainted  with  the  facts  and  circumstances 
therein  set  forth;  that  t he  same,  so  far  ns  relntcs  to 
the  nets  and  doings  of  said  complainant  are  true  of 
his  own  knowledge,  and  that  so  far  ns  the  same  re¬ 
lates  to  the  acts  and  doings  of  any  other  person  he 
believes  the  same  to  be  true. 


Subscribed  and  sworn  to  before  1 
me, this  28th  day  of  January,  j- 
1875,  at  the  City'of  New  York.  ) 


City  and  County  of  Now  York.  ( 

T  Hunky  Schmitt,  a  commissioner  fur  the  Stato 
of  New  Jersey,  residing  in  the  city,  county  and 
Stale  of  New* York,  do  certify  that  on  the  twenty- 
eighth  day  of  January,  a.  i>.,  1875,  tlm  above-named 
George  II.  Manifold  subscribed  tile  foregoing  nth- 
davit,  in  my  presence,  in  said  city  of  Now  York, 
and  did  depose  and  swear  that  the  matters  there'll 
set  forth  were  true. 

In  witness  whoreor  I  have  hereunto  se 
my  hand,  and  allixed  my  ofiicial  sea 
[seal]  at  said  city  of  New  York,  this  2Stl 
.  day  of  January,  a.  n.,  1875. 

;:•  •• .  henry  scumitt, 

Commissioner  for  the  Stale  of  New  Jersey,  i 
New  York.  . . .  .  . 


Exhibit  A.  is  the  preliinina 
22  in  this  case. 


Is  the  preliminary 
noxed  to  the  answers  it 


marked  Ex.  27  in  this  cause. 


Is  the  letter  of  acceptance,  Ex.  28  in  this  ct 


Electrician's  DEPARTMENT. 

Western  Union  Telegraph  Company. 

GeOIKSK  13.  PltESCOTT, 

.  Electrician. 

J 

New  Yoke,  Jmi’y  20th,  1875. 
lion.  Wii.i.iam  Oirrox, 

President. 

Dear  Sir:  Your  fnvor  of  the  10th  instant  ac¬ 
cepting  the  propositions  iieretoforo  made  by 
TIionms  A.  Edison  and  myself,  for  the  sale  to  the 
AVestern  Union  Telegraph  Company,  of  certain  in¬ 
ventions,  and  all  our  right,  title  and  interest  of 
every  uhnmetcr  in,  to,  under,  and  connected  with 
all  letters  patent  of  the  United  States,  which  may 
®  he  granted  to  us  for  improvements  in  duplex  and 
quadriiplex  telegraphs,  and  fixing  the  compensa¬ 
tion  to  be  paid,  in  accordance  with  our  proposition 
made,  and  marked  “2nd,”  on  or  about  the  30th 
day  of  December,  came  duly  to  hand,  and  in  reply 
I  have  to  say,  that  1  am  ready  to  unite  with  said 
Edison  in  conveying  all  such  patents  or  inventions, 
or  to  assign  my  interest  separately,  if  I  may  law¬ 
fully  do  so. 


To  the  Western.  Union  'I'ekr/rajih  Compand,  and 
lohoinsoecer  it  map  concern : 

SUPERIOR  COURT, 


Danihi.  H.  Ciiaiii,  and 
James  11.  Bttowx, 


Take  notice  .ha,  the  An—  *  ^^"d  08 
Si e' »  Tlmrnas  A.  Edison  and  George 

entitled  to  demand  ami  iu-  f  t|„.  sllja 

company  of  the  rights  am  ^lllItll,5 

George  Harrington  mm  uioin. .  .  • .  ..lemces, 

patens  gn.nted  .  m  is  >-  '  >  ‘  1 

means  and  connivances  }<"  "M  "  ,  •  ,  f(„. 

T^Sid  S to^Siiripmiy.  •  And  the 
the  tmld  and  *>toiK  ”  '  „v  is  also  eu- 

S:  &  * 

U.W  I.I|U»  I'»  ' 

egntphy. 

And  that  the  V'T.'  ^ 

served  on  .  nlnd  hereaftor  to  become 

said  George  Intt  t,  .  entitled,  through 

.  due.  from  the  said  or  the  said  engage- 

the  said  eompanj,  to  th  •  George  Harring- 

ments  and  obligations  of  the  said  fe 


""  r  :  '  v  -  . 


w  W 


slmll  Lolrorts,  ioonnblo  him,  the  said  G.  Little  |( 
olitniii  his  patents,  make  the  necessary  apparatus 

and  Iry  various  experiments  with  the  same,  in  . . . 

sidemtion  of  which  the  said  George  Little  by  a 
certain  instrument  in  writing,  bearing  date  the  mi, 
tnti  1889>  “W  *'»«1  assigned  to  rhe  sai.l 

lu  «/•  LefTerts,  one  undivided  hair  part  of  tin;  inven¬ 
tions  therein  mentioned,  and  of  any  Ictters-patent 
that  might  he  granted  therefor— for  which  said  in- 
volitions,  applications  for  patents  h.,d  been  tiled  in 
the  patent  office  nt  Washington,  and  wliieh  inven¬ 
tions  are  included  in  the  grant  or  patent-rights  to 
the  National  Telegraph  Company,  dated  nth  Sep. 
tember,  18fil).  hereafter  mentioned,  which  said  title 
and  interest  the  said  M.  Lefferls  afterwards,  r»r  a 
valuable  consideration.  sold  to  John  McKesson. 

!l.  In  the  said  year  ISO!),  the  said  D.  II.  Craig 
07  negotiated,  on  behalf  of  himself  and  the  said 
George  Little  and  M.  Lelft-rts.  a  contract  with  the 
national  telegraph  Coni]iany,  a  corporation  incor¬ 
porated  under  the  laws  or  the  State  of  New  York 

for  the  grant  or  the  exclusive  right  to  . . .  to  use 

the  said  inventions  in  and  throughout  the  United 
„/!'“•  AmJ  n-  If-  Craig  caused  and  pro- 

Lined  set  end  eaintahls  to  invest  a  large  nmoiiiil  of 
capital  in  the  development  of  the  said  inventions  l.v 
lesaul  last  mentioned  Ce,„i.any.  ami  for  that  pin- 

the  citv  of" lv"":,v  lin,>  '<•  <>l»*rate  fn.ni 

'  "rk  •'*  cities  of  Philadelphia. 

S  "  "sliiagton.  and  intermediate 

'n~  ,Vr  S”•",  1n'“,"!li,rt,,n!  ,l"‘  necessary  up- 
tu  '  ,IS°  1,1  tlusllk’  ailtoinalie telegraph  sys- 

Con’imnVir,.nS  "V'1®  co,,tn»*  with  Hie  said 
wriiimr  in  "  curtain 'instrument  in 


duly  recorded  in  I  he  patent  ollicu.  And  it  is  thereby 
provided  and  agreed  that  the  said  Company  shall 
construct  a  telegraph  line  from  Iioston  to  Wash¬ 
ington  to  test  said  Little’s  system  ;  that  the  Compa¬ 
ny  shall  be  allowed  a  certain  time  for  the  trial ;  that 
if  the  system  should  not  come  up  to  tlio  represen¬ 
tations  and  guarantees  of  the  said  Little  and  Craig,  I 
set  forth  in  the  said  contract,  the  conveyance  of 
the  patent-rights  should  be  cancelled,  or  the  Com¬ 
pany  should  have  the  option  to  accept  it  on  certain 
modified  terms. 

The  saiil  parties  or  the  second  part  thereby' 
covenanted  that  they  would,  and  did,  a  few  days 
subsequently,  execute  to  the  said  Company,  a  good 
and  sufficient  license  for  the  exclusive  use  of  all 
tlio  patents  which  had  been  or  might  thereafter  be 
granted  to  the  said  George  Little  for  the  automatic 
system  of  sending  messages  by  telegraph,  such 
exclusive  use  to  be  during  the  lives  of  the  said  1 
lutlers  patent  respectively  upon  all  land  lines  and 
submarine  cables,  not  over  ten  miles  in  Iungtli,  in 
the  United  States  of  America,  upon  the  terms 
thereinafter  named. 


And  the  said  parties  of  the  second  part  cove¬ 
nanted  Hint  they  would  earnestly  and  faithfully 
co-operate  with  the  said  company,  and  do  all  in 
their  power  to  promote  the  success  of  the  Company 
in  all  and  every  inspect. 

And  it  was  provided  that  if.  after  a  fair  test  be-  . 
tween' Boston  and  Washington,  the  system  should 
l,o  adopted  by  the  company,  it  should  pay  for  the 
exclusive  license  aforesaid,  ono-lifth  part  of  what 
might  appear  to  bo  the  actual  advantage  or  savings 
of  the  Little  Automatic  system  as  compared  with 
tile  Morse  system  (to  bo  ascertained  as  therein 
mentioned),  or  instead  thereof,  ten  per  cent,  of  the 
gross  receipts  of  the  company,  for  the  business 
done  over  its  own  lines,  or  lines  under  its  control. 


upon  which  the  automatic  system  should  bo  used. 
And  it  wns  expressly  understood  between  the  pur¬ 
lins  to  thesnid  contract,  tlnit  the  said  royalty  or  per 
contnge  was  to  he  nt  the  option  of  the  said  com¬ 
pany.  And  should  thesnid  company,  after n  fair 
and  reasonable  test,  decide  that  the  machines  failed 

11  -  to  come  up,  substantially,  to  the  said  guarantees 
and  representations  of  the  said  parties  of  the  sec¬ 
ond  part,  then  it  should  ho  optional  with  the  party 
of  the  first  part  to  elect  to  accept  said  Little's  sys- 
ten>  on  payment  of  a  less  royalty  or  per  eentago 
than  thereinbefore  stated  in  proportion  as  the  ma¬ 
chines  or  the  system  should  fail  to  come  up  to  the 
guarantees  and  representations  aforesaid.  Which 
diminished  royally  or  per  ocntige  was  in  that  event 
to  be  computed  as  therein  mentioned. 

r>.  By  a  second  contract,  dated  2<ith  November. 

1 1 3  LS(i!)’  between  the  said  The  National  Telegraph 
Company  and  the  said  G.  Little  and  I).  II.  Oral- 
the  said  conduct  of  Oth  September,  1800,  was 
modified  by  providing  that  the  construction  of  a 
telegraph  line  from  New  York  to  Washington 
-should  be  held  to  be  a  sufficient,  fulfillment  or  the 
obligation  of  the  said  company,  and  that  the  lest 
upon  such  line  should  tie  in  lieu  of  the  original!  v 
proposed  test  upon  a  line  from  Boston  to  Washing¬ 
ton,  mid  that  after  the  testing  upon  the  line  from 
,  V  'Yasliington,  the  same  being  sat isfae- 
tm  j  ,  the  hue  from  New  York  to  Boston  should  be 
limit  during  the  spring  of  1870. 

0-  By  a  third  contract ,  dated  Kith  .lanuarv,  1870. 

and ' Btl,lKSt"7?1 V1’1'.0.  N,,ti,"mI  T«legmph  Company 
and  the  said  Cr.  Little  and  I).  II.  Cniig  it  was 
i„iec.lfl...t  ,1  the  said  contemplated  line  or  tele- 
f ''  I,.t‘l'\’eu"  York  and  Washington  should 
e. inquired  or  completed  and  fully  equipped  bv 
h,  1  t  '  «  M,y  11,0,1  "ext-  «  should  be  «  >ii 
resneets  '‘'-h  l1!l|f|0fl  1,8  !l  full  compliance,  in  all 
lespccts,  with  the  eonditiousin  thesnid  previous 


contnicts,  so  far  as  relates  to  the  lines  between 
•  New  York  and  Washiiigtou.  for  the  testing  of  the 
said  fast  system. 

7.  By  a  /mirth  contract  between  the  same  par¬ 
ities,  dated  Siitli  April,  1870,  the  time  for  coui- 
V.pleling  or  acquiring  the  lines  of  telegraph  under  US 

the  before-mentioned  contnicts  was  extended  for 
thirty  days,  from  ‘-’oth  April.  1870. 

8.  By  a  fi/th  contract  between  the  same  parties, 
dated  illst’  May,  1870,  it  was  agreed  that,  the  time 
for  completing  or  acquiring  lines  of  telegraph 
under  the  before-mentioned  contracts,  should  lie 
extended  for  sixty  days  from  the  expiration  there¬ 
of,  under  said  contracts.  The  said  company  was 
todeeido  within  that  time  whether  they  would  adopt 

’  the  saiil  automatic  system,  after  after  [actual  test 
thereof,  upon  the  lines  of  said  company,  instead  of 
taking  sixty  days  after  the  completion  of  the  lines  1  lb 
to  test  and  adopt,  or  reject  the  system  of  fast  tele¬ 
graphy  aforesaid. 

It.  On  the  2.7//i  ./«///,  1870,  the  said  I).  II.  Cniig, 
bv  all  instrument  in  writing,  under  Ins  hand  and 
seal,  acknowledged  that  the  National  'lelegrapli 
Com  pa  n  V  had  constructed  a  line  of  telegrap  i  loin 
New  York  to  Washington,  and  fully  complied,  m 
all  respects,  on  their  part,  with  the  said  eoiiti.u 
oflHIi  September,  18(10.  and  the  subsequent  .i^ill 
incuts  in  relation  therein. 

10.  The  said  M.  Lelferts  having  become  entitled  H7 
as  aforesaid,  to  one-hair  par.  or  share  of  and  in  he 
.  ssiii!  original  patents  ami  invention*  o  .  !c‘ 

Little,  .....1  having  sold  the  same  to  the  sa.d  John 
McKesson,  did  accordingly,  by  a  certain  l  s 
meat  in  writing,  bearing  date  .Ian.,  18*4  »s  'fe  . 

:  transfer,  and  set  over  unto  the  said  John  McKcsso  , 


and  inventions  of  the  said  George  Little,  and  j„ 
and  to  and  under  tlm  said  'contract,  dated  Otli  Son- 
tomber,  1800. 

11.  Prior  to  the  negotiation  of  the  said  contract 
I  IS  l,ut"’,!0n  ,llusai(1  T-iittle  and  Craig,  and  the  said  Nn- 
ttonal  Telegraph  Company,  the  said  Lein.-rts,  upon 
tile  application  of  the  said  Little,  authorized  him 
to  execute  the  said  contract.  And  upon  the  giving 
of  such  authority  it  was  agreed  and  understood  It” 
and  between  the  said  Leirerts  and  the  said  Little 
that  the  royalty  to  be  paid  for  the  use  of  the  in- 
1  l  that  contract  should  1 
divided  that  the  said  Little  should  have  twentv- 
seven  one-hundredth  parts  of  the  said  rovaltv,  and 
the  said  John  McKesson  the  like  proportion  ‘there- 
?',r  1,1  l),u'suance  of  which  arrangement  the  said 
Leirerts  reassigned  to  the  said  Little  his,  the  said 
119  of1)?'1  •Y,,,l*Vll!1llf  "f  the  Silid  original  patents 
of  the  siud  Little,  to  enable  the  said  Little  to  make 
te  said  contract  of  Otli  September,  1801).  And  bv 
_  ie  same  instrument  of  le-assignment  the  slid  Lef- 
futs  d.rected  the  slid  Little  to  make  the  said 
and  ofn,  ,  uSi'id  ,isl,ts  of  the  **®-*ts  in 
said  Tnlm  \r  I1”111  <>f  th°  said  inventions  direct  to 
«  „  ,  io  I  he  said  ugiee- 

muit  uitli  tlicsaul  National  Telegraph  Company, 

tiie  s-ii.l  ’vr  "f"  S,,W  ,.0,,u'l,alf  Hf  ,llu  Sil“l  patents  to 
r  i  t  'l‘S-°"  u,,se  "f  «olh,ps«  or  cesser 

<>f  the  last  mentioned  agreement. 

120  iq  . 

X8tl  s  mM' L  "  '  "'liting,  bearing  date 
D  II  end  JC'i  Jf72’  ,,,,d  lm,<ie  between  the  said 
Seraid,S::,^t,en"’  l,hw|fc-  the  first  part, 
tlieS  hi"  o^r0"’  °r  the  seuo"d  part,  and 
I)  jj  n  '  j  8  .  j  Brown  of  the  third  part,  the  said 
^Kessmw  a'  I  e'e,m  his  w,f“>  «>“i  the  said  J. 

said  Juj . ii  ,.  itnnsfer  and  convey  to  the 

int^h.,^idram":i::l,  ^"t".  titles,  and 

nn.x  inventions  hi  automatic  tel¬ 


egraphy,  and  in  or  under  the  said  contract  of  Otli 
September,  1800. 

13.  By  virtue  of  Ihesatd assignment  from  said  M. 
Iieirerts.to  said  'McKesson,  and  the  said  assignment 
from  said  1).  II.  Craig  and  Helena,  his  wife,  and 
said  J.  McKesson  to  said  .1.  B.  Blown,  he,  the  said  121 
,1.  B.  Brown,  becaine  untitled  to  and  is  now  the 
rightful  owner  of  one  half  part  of  the  royalty  re¬ 
served  in  and  made  payable  by  the  said  contract  of 
Otli  September,  IStiO,  to  the  said  Little  and  Craig, 
jointly,  and  also  to  a  further  or  additional  part  or 
share  thereof  under  the  said  assignment  to  the  said 
John  McKesson,  making,  in  all,  lifty- three  one 
hundredth  parts  of  the  said  royalty. 

1-1.  The  National  Telegraph  Company  put  the 
said  Little’s  automatic  telegraph  system  in  opera¬ 
tion  upon  the  said  telegraph  line,  from  New  York 
to  Washington,  and  succeeded,  as  early  as  lirst  of 
August,  1870,  in  transmitting  at  tiie  rate  of  over  . 
1.0(H)  words  per  minute  from  New  York  to  Wash¬ 
ington  and  from  Washington  to  New  York.  And 
the  said  George  Little  proceeded  from  time  to  time, 
in  the  years  1870,  1871.  and  IS72.  to  lake  out  pat¬ 
ents  Tor  his  various  inventions  and  improvements  : 
which  patents  were  so  taken  out  at  the  expense  id' 
the  said  The  National  Telegraph  Company  or  of  its 
assignee,  the  said  The  Automatic  Telegraph  Com¬ 
pany,  claiming  under  a  certain  contract  of  assign¬ 
ment  hereinafter  mentioned. 

IS.  In  the  year  1870,  the  said  George  Harrington  l2S 
devoted  much  of  his  time  and  attention  to  the  ex¬ 
amination  of  the  said  Automatic  Telegraph  system, 
lie  frequently  witnessed  the  operations  upon  the 
said  telegraph  line  and  instituted  an  exhaustive  in¬ 
quiry  into  the  subject  of  Automatic  Telegraphy. 
After  devoting  about  six  months  to  these  observa¬ 
tions  and  inquiries,  he  proposed  to  the  said  I).  11. 

Craig,  that,  he,  the  said  Craig,  should  co-operate 


SMjjtM 


with  him,  rlii!  siiid  George  Harrington,  in  i.h«>  ron„. 
nlioii  of  n  now  company,  to  bo  culled  I  lie  Automatic 
Telegraph  Company,  to  receive  from  the  National 
Telegraph  Company  a  transfer  of  its  patent,  rights 
and  telegraph  line,  and  other  property  ;  that  lie, 
I  ho  said  George  Harrington,  should  lie  President  of 
lllL‘  »“i«l  Company,  and  should  participate  with  the 
said  Little  and  Craig,  on  certain  specified  terms,  in 
(lie  fruits  of  the  said  contract  of  Dili  September, 


said  I).  H.  Craig  to  have  a  ne\v  conipnnv  formed, 
assured  him  that  many  wealthy  capitalists  would 
follow  llie  lead  of  him,  thesaid  George  Harrington, 
and  lie  guided  by  his  opinion  on  the  subject  of 
Automatic  Telegraphy,  and  that  he  would  obtain 
for  the  Company  a  siilliciuiil  amount  of  funds  to 
125  . .  line  from  Boston  to  New  York,  with¬ 

out  delay,  and  to  put  additional  poles  upon  the 
line  Irom  New  York  to  Washington.  And  the 
said  Harrington  strenuously  urged  the  said  Craig, 
orally  and  by  letters,  to  get  rid  or  the  National 
t  elegraph  Company,  and  presented  various'  reasons 
why  it  was  necessary  for  him  to  do  so,  especially 
I  hat  said  Craig’s  great  object,  the  conned  ion  with 
Hie  press,  might  lie  defeated  by  some  arrangement 
bet  ween  the  National  Telegraph  Company  and  the 
'  cstcrn  Union  Telegraph  Company,  without  said 
Craig  n  concurrence,  and  that  if  the  National  Tele- 
fri-iph  Company  should  he  “squelched”  a  new 
’  Company  might  be  formed  which  could  make  “no 
transfer  of  the  patent,  rights  to  any  other  compunv 
wi I  lion t  the  sanction  of  Mr.  Craig.” 

17.  The  said  I).  II.  Craig,  being  rally  convinced 
mat  it  was  necessary  to  demonstrate  the  system 
upon  a  long  circuit,  such  as  a  line  from  Boston  to 
'  l'’1  1  1,11  moreover,  that  a  line  between 

hose  two  points  would  yield  a  good  profit,  and 
having  great  conlldenee  in  the  influence  and  integ¬ 


rity  of  the  said  (  t^t  II  n  a  t  n  mod  to  his 
proposition,  and  persuaded  the  parties  having 
the  control  of  the  National  Telegraph  Company. to 
enter  into  the  contract  hereinafter  mentioned,  for 
v  the  transfer  of  their  said  patent,  rights  and  property 
to  another  company,  the  piesident  of  which  should 
be  the  said  Harrington. 

18.  Tile  said  I).  II.  Craig,  intending  to  obtain  the 
co-operation  of  the  editors  and  proprietors  of  news¬ 
papers  in  various  parts  of  the  United  States,  in  es¬ 
tablishing  the  said  telegraph  system,  so  soon  as 
it  should  be  practically  demonstrated  upon  the 
long  circuit,  between  Boston  and  Washington,  did 
accordingly  by  the  said  contract  of  Oth  September, 
I8UD, 'engage  to  raise  a  certain  amount  of  funds  for 
the  enterprise,  if  the  automatic  should  be  adopted 
by  the  said  the  National  Telegraph  Company,  after 
testing  the  samo  upon  the  said  line  from  Boston  to 
Washington.  Such  line  not  having  been  construct¬ 
ed,  thesaid  I).  II.  Craig  had  not  been  able  to  give 
the  necessary  proof  of  the  value  and  efficiency  of 
the  system  ;  but  when  the  said  G.  Harrington  un¬ 
dertook,  as  aforesaid,  to  have  the  said  line  built 
from  Boston  to  New  York,  the  said  I).  11.  Craig 
proposed  to  canvass  the  editors  and  proprietors 
id  newspapers  for  subscriptions  for  the  stock  of 
the  new  company  as  soon  as  the  new  system  should 
he  put  in  operation  upon  the  said  line.  The  said 
Geoige  Harrington,  being  advised  of  such  purpose 
and  intention  of  the  said  I).  II.  Craig,  wrote  to  him 
on  30th  May,  1870,  advising  him  to  give  up  the  idea 
of  making  any  application  to  the  editors  of  news¬ 
papers,  &c.,  for.  the  capital  required,  ns  lie  (liar- 

ringto  )  believed  it  would  he  better  for  him  to  get 
the  capital  elsewhere,  so  as  to  avoid  the  entangle¬ 
ments  of  a  contract  with  the  press,  respecting  the 
press  business  and  the  iimnngement  of  the  com¬ 
pany’s  n  flairs. 


V  A  t 


iM'ffoiiiHion  between  I  lia  said  ( 
Ion,  for  the  foi'inii lion  of  n  new  i 
’quire  Hie  tolegiuph  lino  nml  pi, 
lii’lil  hy  the  National  Tel'egmph  ( 
expressly  iimlurslnoil  nml  ngreei 
Hie  nii id  Craig  nml  Lillie  nml  ]l!m 

i  said  Ihirringlon  si . Id  use  his 

ndenvurs  to  develop  the  snid  mi  tom 
dem,  nml  lo  linve  improvements  u 
I  system  nml  upon  Hie  nppumtus  i 
e  lienelit  nml  seen  l  ily  or  Hie  snid 
,  so  ns  lo  lieller  secure  Hie  sucres: 
mi  nml  Hie  payments  of  Hie  royi 
liem  ;  mid  for  Hint,  purpose  the  i 
ml  Craig  employed  Tliomns  A.  Kdi 
>r*  improvements  of  nulomutir-  l 
tus  for  use  in  ntilomnfic  ielegmpl 

.  pursuance  or  sueli  empl 

o  in  accordance  with  n  previous  ,• 
Hie  said  Kilison  nml  Oinig,  ns  lien 
led,  inventel  nml  nindc  eerlniu 
mid  oliiniued  pnleuts  therefor,  n 
"’ll  invenlions  nml  pntents  unto 
mi,  ns  hereinafter  mentioned. 

islriiiiient  of  transfer  and  assign  an 
"""••"•y.  I*’*!,  duly  recorded  in  l 

"li"lr  . . '  'lie  snid  The  Xnlioi 

"I’’"'.''  mid  The  Automnlie  Telegrn 
corpi  nut  ion  incorporated  under  t 
"e  of  AW  York,  it  is  declared  ll 
1,1  ,,r  11,0  of  $323,001,  paid  l.y  l 
‘?inpli  L’oiupiiuy  nml  other  eoiisiih 
tional  I'olngnipli  Company,  with  i 
)  Mild  I).  H.  Craig  and  George  Lilt 
'1,  did  thereby  sell,  assign,  transf 

,m°  snid  Auto . lie  Telegrn  j 

gruemenl  iiuiiexed  thereto  betwei 
idegruph.  Coni  puny  and  the  said  1 
x'ojgo  Little,  (luted  September  Oil 


And  it  was  thereby  expressly  understood  and 
agreed  that  in  ease  (lie  results  of  tire  said  tests 
should  be  unsatisfactory  to  the  said  Automatic 
Telegraph  Company,  then  it  should  be  under  no 
obligation  to  receive  the  said  transfer  and  assign- 
mont  of  the  said  eonmiet,  nor  to  pay  anything  on 
account  thereof,  nor  assume  any  of  the  lial.ilhies 
or  undertakings  in  the  said  contract  contained, 
but  that  the  said  contract  should  remain  the  pro' 
perl.v  of  the  National  Telegraph  Company. 


22.  By  a  memorandum  dated  18 U,  Januaru 
1S71,  written  at  the  foot  of  the  last-mentioned  con- 
tract,  bearing  the  corporate  seal  of  The  National 
telegraph  Company,  and  the  signatures  of  the 
Vice-1  resident  and  Secretary  thereof,  it  is  declared 
that  the  last-mentioned  agreement  is  thereby  modi- 
tied  so  as  to  permit  the  Automatic  Telcgmp'h  Cnm- 
1?7  to  !l«qnire  other  lines  and  wires,  on  and  over 

w  i.cl.  to  make  the  test  of  the  system,  and  the 
igmg  of  additional  wires  upon  the  poles  of  the 
exislmg  lme,  was  left  to  await  tho  results  of  such 
e.  s  over  other  lines  or  wires,  and  to  the  discretion 
of  the  Automatic  Telegraph  Company. 


-;U  tlle  foot  of  the  last-mentioned  agreement 
untie  t  I  ""’"‘B  memorandum  :  “The  Auto- 
h“,vl,.V  accepts  the  with- 
•  1,1  memorandum  hears  the  signa- 

C  nJ  , f  ?r»U  and  .losinh 

•  ton.-  l  r'f ,lel"  imd  Sectary  of  the  An- 

i  toinattc  I  elegraph  Company. 


den  J  J V'  a,!i'  ,871>  thusaW  Vtce-Presi- 
Cmm  l  ?  •Se0r,0t!"'-»'  of  National  Telegraph 
J  imaeknow'edged  before  a  notary  public  the 
Presifim.i  °1  a  f  l<!  Sllid  instrument,  and  the 
Kmd  Lr  Suureta,-V  of  th0  Automatic  Tele- 
:  L  I,,r';,St™lllllr  deposed  that  the  Board 

t(  execute  ti°  '!lt  Compnn>’ lmd  authorized  them 
to  execute  the  same  on  its  behalf. 


24.  By  an  instrument  in  nriliny,  bcariny  dale 
II Ik  February,  1871,  under  the  hands  and  seals  of 
the  said  D.  II.  Craig  and  George  Little,  and  signed 
and  sealed  on  behalf  of  tho  Automatic  Telegraphic 
Company  by  the  President  and  Secretin y  thereof 
(in  tins  absence  of  its  corporate  seal,  not  thun  com¬ 
pleted),  the  said  contract  of  Oth  September,  1809,  1-89 
is  recited,  and  that  the  same  had  been  subsequent¬ 
ly  modified  and  extended  by  certain  supplements 
thereto.  And  also  that  the  National  Telegraph 
Company  had  agreed  to  transfer  said  contract  to  the 
Automatic  Telegraph  Company,  and  that  in  agree¬ 
ing  to  make  such  transfer  tho  written' consent  of 
the  said  George  Little  and  D.  II.  Craig  was  made  a 
condition  precedent  or  coincident.  And  that  in  , 
order  to  a  rail  development  of  tho  said  Automatic 
Telegraph  system,  it  lmd  become  necessary  to  com¬ 
plete  and  equip  the  then  uxisting  line  of  one  wire 
extending  Troni  New  York  to  Washington,  erected  |  ^ 
by  The  National  Telegraph  Company,  or  to  acquire 
and  equip  other  lines  over  which  to  test  such  sys¬ 
tem.  And  that  after  the  completion  or  acquisition 
and  equipment  as  aforesaid,  a  reasonable  and 
proper  time  should  be  allowed  to  enable  said  Auto¬ 
matic  Company  intelligently  to  determine  whether 
it  could  extend  its  lines  and  the  use  of  the  said 
system  over  the  United  States,  and  use  said  system 
under  a  license  for  its  exclusive  and  permanent  use 
under  a  payment  of  royalty,  as  set  forth  in  said 
contract,  or  under  the  option  therein  reserved  to 
purchase  said  system  with  all  the  patents  and  other 
rights  then  issued,  or  thereafter  to  be  issued,  upon  141 
the  terms  and  conditions  set  forth  in  the  said 
contract. 

Tt  is  by  the  said  instrument  declared  that  the 
said  D.  II.  Craig  and  George  Little  did  heieb> 
consent  and  agree  to  the  transfer  of  said  conta  ct 
to  the  Automatic  Telegraph  Company.  am "  b‘ 
stitution  of  the  stud  Automatic  I  elegraph  Company 
for  and  in  the  place  of  the  said  National  Telegraph 


Company;  (hereby  releasing  the  said  National  Tele- 
graph  Company  from  all  the  conditions,  stipule, 
tions  and  obligations  not  theretofore  fulfilled  bv 
the  said  National  Telegraph  Company,  as  set  forth 
in  said  eontmctnml  snpplcnieiits  thereto,  and  liold- 
ing  the  said  Automatic  Telegraph  Company  for  the 
142  performauee  thereof. 

And  it  was  thereby  provided  that  the  said  Auto- 
inn l-i(5  Company  should  lutvo  four  months,  nfh'i*  ji 
line  should  have  been  fully  eqnippeil  for  public 
business,  in  which  to  test  the  system  and  decide 
upon  its  acceptance,  and  ir  the  Companv 
should  conclude  to  accept  the  system,  then  the 
Company  should  have  until  1st  .Innuury.  1872 
to  determine  whether  it  would  take  the  license  or 


wo  Automatic  Telegraph  Company  therein- 

113  stipulated  and  agreed  to  proceed  forthwith  in  the 
completion  or  acquisition  of  lines,  as  thereinbefore 
sa  forth,  to  equip  said  lines  or  line  and  open  the 
same  to  public  business,  as  a  test,  for  a  period  or 

ensh  a0,f '!S’i-°  ,1,!d,l,U  i,S  M,U  "‘'“PHoii  and  ex¬ 
tension  of  its  lines  and  the  system,  and  finally  as  to 

fo  list.,  under  Iicmis«or  pmulinse,  all  on  or  Iwlim* 

Isf  •January,  IS72. 

the  I!'.!,!  f,"i,S  vll0"i,y  that  the  test  over 

deemed  a  sul'llL'."*^  !•’  'Vas,.,l"S»>n  should  lie 
tin'  p  u'i  of  Hi  T  C0,,lPI,n,,C0  with  the  contract  on 
M4  at  'hon  M  T"'10  Tulu^,l,l‘  Company,  and 

1 h  os  inln r tl,0.,.1J!,fterl*««f',»,wtO’  to  extend  its 
""‘i  *"  «».V  it  might 

or condition,  ‘S|)  ,\°  ,,f  iln-v  nil  stipulations 

"  ,s"  ‘  ugiml  to  specilic  lines. 

foidlT'thN1  b«|,c..ll,,,t  r01’,  tl"!  l,,"'l’°seh  therein  set 
nccep’ted  iis .me"t  should  be  given,  taken  and 
use  Lid  svMteml!XC  |,nIV0|  ,,IKl  fenil>°rarv  I'  oust  t 

1872.  •  . .  (ho  said  dnto  of  January, 


By  which  said  last-meat ionod  instrument  or  writ¬ 
ing  the  said  Little  and  Craig  assented  to  an  assign¬ 
ment  upon  the  terms  and  conditions  therein  men¬ 
tioned  of  the  said  contract  of  Oth  September,  1800, 
to  the  Automatic  Telegraph  Company,  but  did  not 
assent  to  any  or  the  terms  or  conditions  contained 
ill  the  said  assignment,  dated  18th  .Innuury,  1871,  145 
(executed  Till  of  February,  1871,)  which  are  repug¬ 
nant  to  dr  not  embraced  in  tile  terms  and  con¬ 
ditions  set  forth  in  the  said  ngi-eement,  dated  Oth 
February,  1871. 

20.  No  part  of  the  said  money  or  stock  made 
payable  as  aforesaid  to  the  National  Telegraph 
Company,  has  yet  been  paid  by  the  Automatic 
Telegraph  Company. 

The  said  E.  Corning  died  in  or  about  the  year 
1873,  and  ins  personal  representatives  now  hold  the 
said  instrument  of  transfer  and  assignment. 

27.  Immediately  after  the  execution  of  the  said 

instrument  of  transfer  and  assign . .  of  the  said 

patent  rights,  the  Automatic  Telegraph  Company 
look  possession  of  the  said  line  of  telegraph  from 
New  York  to  Washington,  constructed  as  afore¬ 
said  by  thi‘  National  Telegraph  Company,  and  took 
possession  of  the  ollicesaml  apparatus  of  the  last- 
mentioned  company  and  equipped  and  operated 
the  said  line,  using  the  said  inventions  of  the  said 
Little,  and  havq  continued  to  do  so  to  the  present 
lime.  And  the  said  Automatic  Telegraph  Company  ^ 
soon  after  the v  look  possession  of  the  said  line  as 
aforesaid.  opened  the  same  for  public  business  to 
test  the  said  system  :  but  unforeseen  didieulth'S 
and  delays  having  arisen,  and  the  said  Little,  not 
having  vet  completed  his  system  of  automatic  or 
hist,  telegraphy,  so  as  to  enable  the  Automatic 
Telegraph  Company  to  make  the  full  tests  contem¬ 
plated  by  the  said  contract,  the  limitations  as  to 
tho  time  to  lie  allowed  to  the  company  to  decide 


$ 


whether  it  would  accept  the  .system  wns  not-  insist- 
od  upon  by  Mm  said  1).  H.  Cmig  and  Ct.  Little. 
And  tlio  Automatic  Telegraph  Company,  with  Mm 
knowledge  and  assent  of  the  said  George  Little  and 
I).  II.  Cmig,  continued  to  carry  on  its  business  as 
theretofore,  continuing  to  use  the  inventions  of  the 
14t>  said  Little,  and  the  apparatus  patented  by  him. 

28.  By  the  said  contract  of  Oth  September,  18(8), 
it  was  contracted  and  agreed  that  all  improvements 
that  might  thereafter  be  made  by  said  Little  upon 
tile  said  Little’s  Automatic  Telegraph  system  should 
be  pit  ten  ted  at  the  expense  of  the  company,  parly 
thereto  of  the  first  part,  and  that  a  good  and  snf 
fieient  license  for  the  exclusive  use  of  the  same, 
during  the  life  of  said  letters-pntont,  should  be 
granted  to  the  said  company,  as  therein  mentioned. 

After  the  date  and  execution  of  the  said  ngree- 
,,lom>  hearing  date  Oth  February,  1871,  and  made 
between  the  said  Cmig  and  Little  and  the  Auto¬ 
matic  Telegraph  Company,  the  said  Little  repre- 
sented  to  the  said  company  that  lie  laid  invented 
certain  new  devices  and  contrivances,  constituting 
important,  improvements  upon  his  said  system, 
which  he  desired  the  said  company  to  lest,  and  lie 
required  the  said  company  to  take  out  patents  for 
the  said  improvements  at  their  expense,  which  was 
accordingly  done  by  the  said  company,  and  they 
proceeded  with  all  convenient  despatch  to  test  the 
said  improvements,  but  had  not  miflicieiit  time  to 
130  do  so  before  the  1st  January.  1872. 

And  the  said  Little,  at  various  times  between  the 
smd  Oth  day  of  February,  1871,  and  81st  Pecember, 
to /I,  and  at  various  times  between  the  Inst-meii- 
o  ied  da  e  and  1st  July  1872,  and  between  the  hist- 
mentioned  date  and  Hist  December,  1872,  introducci; 
remesen lii/l'  f/ T*  oontrivnnces,  which  lie 
iiirnm  •  ,  1 ,  10  ,sakl  ,:o,"l,,,,*y  «s  constituting 

improvements  upon  his  said  system, which  removed 


-  I  jjj 


the  objections  which  had  been  found  to  arise  in 
J  practice  upon  testing  the  said  system.  And  the 
said  Little  requested  the  said  company  to  try  his 
said  now  improvements  and  to  pay  the  expense  of 
patents  for  the  same,  which  they  did,  and  thereby 
;  it  became  necessary  for  them  to  have  further  time 
to  decide  whether  they  would  accept  or  reject  the  lol 
said  system  under  the  said  contracts. 

By  an  instrument  in  writing,  hearing  date  De¬ 
cember  28th,  1871.  the  said  1).  II.  Craig,  forhimself 
;  and  ns  agent  for  the  said  Little,  declared  and  agreed 
that  in  consideration  of  the  said  fact  that  his  asso¬ 
ciate  contractor  had  not  yet  completed  his  said 
system  of  Automatic  or  Fast  Telegraphy,  so  as  to 
enable  the  said  company  to  make  the  tests  which  it 
!  had  been  agreed  should  be  made,  the  said  the  Auto¬ 
matic  Telegraph  Company  should  have  an  exten¬ 
sion  of  time,  viz. :  ninety  dtiys  Tor  the  fulfillment  |5-:, 
of  the  conditions  of  their  said  contract. 

And  afterwards  the  said  D.  11.  Craig  expressly 

agreed  with  the  said  . . go  Harrington,  President 

or  the  said  company,  that  the  time  should  be  ex¬ 
tended  to  the  1st  July.  IS72.  for  the  company 
to  decide  whether  it  would  accept  the  system.  Amt 
the  said  D.  II.  Craig  also  expressly  agreed  willin' 
said  G.  Harrington,  as  President  as  aforesaid  m 
the  time  for  deciding  whether  the  rmiip.iny  s > 

take  a  license  under  the  patents  or  make  pun  use 

of  them  should  be  extended  to  1st  Januarj,  • ^ 
:  And  tlio  •said  M.  Lelfo-ts  and  the 

Kesson  duly  approved  and  conl.rn.ed.  V  ° 

of  the  said  D.  TI.  Craig  in  relation  IoIIilcMc  - 
of  the  time  limited  ns  aforesaid. 

20.  And  such  limitation  having  been  sap^^ 

dlS' M,rj«ules  aforesaid,  the 

Telegraph  Company,  by  its  Hoard  of  Dnectois,  at 


si  meeting  hold  on  the  27th  June,  1872,  formally 
accepted  the  said  system.  And  at  a  subsequent  meet¬ 
ing  of  the  said  Board  of  Directors,  held  on  Decem¬ 
ber  80th,  1872,  it  was  resolved  that  the  company 
should  elect  to  take  an  exclusive  license  to  use  the 
said  inventions  of  the  said  George  Little,  and 
10  J  should  not  elect  to  make  a  purchase  of  thu  patents 
.  for  the  same. 

00.  Since  the  27th  .lime,  1872,  the  Automatic 
Telegraph  Company  has  been  under  the  obligation  to 
pay  a  royalty,  under  the  provisions  of  the  said  con¬ 
tract  of  0th  September,  1S09,  equal  to  ten  percent, 
of  the  gross  receipts  of  thu  said  company  for  the 
business  done  over  its  line  from  New  York  to 
Washington;  but  the  said  company  has  not  ac¬ 
counted  for  nor  paid  any  part,  of  the  said  royalty. 

81.  Upon  the  treaty  or  negotiation  between  the 
5-'  Sllili  n-  H-  Uraig  and  George  Harrington,  Tor  the 
formation  of  the  Automatic  Telegraph  Company, 
as  aforesaid,  it  was  agreed  between  them  that  the 
said  George  Harrington  should  obtain  an  allowance 
or  a  bonus  of  a  certain  amount  of  slock  of  the  said 
Company,  to  wit:  to  the  amount  of  one  million  of 
dollars  for  the  joint  and  equal  honolit  of  the  said  1). 
H.  Craig  and  George  Harrington,  when  subscriptions 
oi  the  capital  stock  should  be  obtained  for  the 
general  extension  of  the  Automatic  Telegraph 
system.  And  a  certain  contract  was  entered  into 
in  nceoi dance  with  the  saiil  negotiation  between 
5(1  ,  *""!  0,<-*”r«e  Harrington,  George  Little,  and  D. 

11  Craig,  dated  18th  .Ian.,  1871,  which  provides 
in  in  consideration  of  the  services  rendered  and 
to  be  rendered  by  the  said  Harrington  to  said  Craig 
«..<!  kittle,  in  the  development  of  automatic,  tele" 
graphy,  the  invention  of  the  said  Little,  they  the 
said  Craig  ami  Little  covenanted  that  thev  would 
aj  to  said  Harrington,  one  fifth  part  or  all  the 
moneys  and  stock  or  other  equivalent  thev  the 
"n,d  Craig  and  Little  should  receive  for  the  use  of 


By  the  12th  article  of  the  said  agreement,  it  wi 
stipulated  that  said  Harrington  might  admit 
third  party  to  one-third  part  or  interest  therein. 

Which  last  mentioned  article  was  inserted  fort  I 
benefit  of  said  Craig,  so  that  he  might,  on  pnymei 
MiO  of  the  sum  §3,000,  become  a  member  of  the  said  tin 
and  be  entitled  to  one-third  of  its  property  an 
prolits,  that  being  the  understanding  of  the  sai 
Harrington  and  Craig  when  the  said  parlnershi 
was  originally  agreed  upon. 

Prior  to  the  date  and  execution  of  the  said  pari 
lierahip  contract  between  the  said  Harrington  am 
said  Edison,  a  contract  in  writing,  bearing  dal 
August  3d,  1870;  was  entered  into  by  and  hetwee 
the  said  Edison  and  the  said  Craig,  whereby  tli 
said  Edison  contracted  and  agreed  Hint  he  wouh 
invent  and  make  a  machine  for  perforating  paper 
01.  to  be  used  in  automatic  telegraphy,  which  shnuh 
accomplish  certain  results  therein  specified.  Am 
that  the  patent,  which  might  be  obtained  for  tin 
said  invention,  by  the  said  Edison  should  be  as 
signed  to  the  said  Craig,  with,  power  to  dispose  m 
tile  said  patent  or  patents  on  the  terms  thereii 
mentioned,  together  with  all  improvements  whicli 
the  said  Edison  might  make  on  tlm said  invention, 
And  the  said  Craig  thereby  agreed  to  pay  to  said 
Edison  within  thirty  days  after  the  application  for 
the  said  patent ,  the  sum  of  $1,300  and  certain 
shares  or  slock,  and  a  certain  part  of  whatever 
•,o  consideration  might,  be  received  by  the  said  Craig 
upon  l  be  sale  by  him  of  the  said  invention. 

I'he  said  Edison  afterwards,  to  wit,  on  the  (5th 
ibiy  of  December,  1871,  obtained  a  patent  for  the 
said  invention,  but  did  not  assign  the  same  to  the 
said  Craig,  but,  on  the  contrary,  the  said  Edison 
wrongfully  caused  mid  procured  the  said  patent  to 
be  issued  to  liimself  and  said  Harrington,  jointly. 

'i'lio  partnership  business,  provided  for  by  the 


ii  workshop  wns  established  by  the  partners  Tor  tin 
mil  nn  fuel  lire  of  apparatus  ami  devices  to  be  expuri 
niented  with  mid  for  use  ill  electric  telegraphy 
And  the  said  Edison  applied  for  ami  obtained  iiianj 
patents  for  the  same,  anil  by  deed,  dated  -1th  April 
1871.  lie  assigned  the  said  patents  to  himself  and  t 
the  said  Harrington,  to  In-  held  for  their  joint  bom 
lit  in  certain  shares  or  proportions,  viz.:  two-third 
to  said  Harrington  ami  one-third  to  said  Edisoi 
And  tlm  said  Edison,  by  the  same  instrument,  guv 
to  the  said  Harrington  nn  irrevocable  power o  a 
tornev  to  sell  and  transfer  his  the  said  Edison 
share" thereof.  And  the  said  Harrington  now  holt 
this  said  power  of  attorney,  and  the  said  pntoi 
rights,  which  said  assign  t  f  patent  rights  an 
power  of  attorney  recites  that  the  said  hdim  -< 
agreed  to  invent  and  const  met  for  the  said  li-imi, 
ten  fall  and  complete  sets  of  instruments  and  >«* 
chinery  that  should  successfully  ami  vi.ono 
develop  into  practical  use  the  tattle  oi  o  - 
tem  of  automatic  or  fast  system  0  ‘j  ' 
And  that  the  patents  should  be  issued  to  .  id  II. 
ringloi.  mid  Edison,  .be  whole  to  be  unde,  the  sc 
control  of  tl.e  said  Harrington,  lobe «!•" P**  '1  ' " 
biiu  for  their  mutual  bcaclit.  m 
aforesaid,  hi  sm*h  ni:iiin«r  ami  h’*w'lu 
said  Harrington  should  deem  advisable. 

And  by  the  said  deed  of  W*»J  Js' 
Edison  did  assign  to  said  Harrington,  , 

interest  of  all  bis  said  invent  ions  of  * 

copying  printers,  and  of  all  Ws  b.veni In 

inventions  mid  printers,  and  )|f  , 

and  improvements,  made  or  »  be  ma^,  ^  ^ 
the  patents  that,  might  he  is.  h»li»irmi)hv 

oJfeh, be 

lueohanical  pnntera;  iilnUi  sum .  m 


31).  The  saul  Harrington  having  Imd  full  contn 
of-tlie  folegnipli  line,  held  by  the  Automatic  Toll 
graph  Company,  between  Now  York  and  Wnsl 
ingfon,  as  aforesaid,  and  having  had  the  gonoii 
maiiagonieiit.  of  the  business  of  the  said  eompnn 
since  its  organization  to  the  present  time,  has  use 
the  said  lino  and  availed  himself  of  the  services  t 
the  employees  of  the  Automatic  Telegraph  Con 
puny,  and  the  machinery  and  oiiiees  of  that  com 
pany,  to  try  experiments  with  the  new  apparatn 
"'id  devices  invented  or  brought  forward  by  III 
said  Edison.  And  the  said  Harrington  used  III 
lauds  of  the  said  company  to  defray  the  expense 
if  the  said  experiments,  and  the  cost  of  the  maim 
fact. ii re  of  the  said  machinery  and  apparatus.  Am 
tow  the  said  Harrington  claims  and  insists  that  III 
iViitoinatic  Telegraph  Company  has  no  right  or  till 
o  or  any  interest  in  the  said  patents  of  the  sail 
lidison,  lmt  that,  lie,  the  said  Harrington,  lias  gout 
•iglit  to  use  the  said  patented  inventions  for  hi 
>wn  personal  benefit  and  to  the  damage  and  de 
it  ruction  of  the  said  company,  ami  the  compleli 
lefeat  of  the  said  Little  and  Craig. 

.tti.  And  the  said  Hiu-riiigloii  claims  and  insist: 
hat  llie  patents  and  inventions  of  the  said  (1  corgi 
attle  are  superseded  by  those  or  said  Edison,  am 
hat  he,  the  said  Harrington,  ran  at  any  moineiil 
evoke  the  verbal  license  under  which  the' said  com 
>any  has  used  the  said  inventions  of  the  said  Edi 
on  and  thereby  render  the  stock  or  the  saiil  com 
limy  worthless,  and  also  destroy  the  value  of  tin 
bligalion  of  the  said  company  to  pay  a  roynltv  Ic 
lie  said  Little  and  Craig. 

And  the  said  Harrington  falsely  pretends  and 
lieges  that  the  said  company  is  not  now  using  any 
mention  of  the  said  Little,  lmt  is  only' using  the 
iveniions  of  the  said  Edison,  which  said  allege- 
on  is  false ;  the  fact  being  Hint  the  said  Edison’s 


ments  upon  or  plngmrismsof  oriliusory  and  decojv- 
live  moililicnt ions  of  the  said  Lillie's  patents  limb  ' 
other  inventions.  And  the  said  telegraphic  system  - 
os  now  used  by  the  Automatic  Telegraph  Company 
cannot  bo  lawfully  used  without  a  license,  under 
the  said  Little’s  patents,  nor  without  a  license  from  - 
certain  other  inventors  whose  inventions  have  bectr 
illegnlly  appropriated  by  the  said  Edison,- lie  hav¬ 
ing  obtained  patents  for  tin;  same  in  his  own  name 
as  if  lie  were  the  original  inventor  thereof. 

37.  Tito  plaintiff's  claim  that  the  Automatic  Tel¬ 
egraph  .  Company,  having  obtained  the  exclusive 
possession  and  - uso  of  the  inventions  of  the  said 
Georgo  Little  upon  the  faith  or  the  obligation  of 
the  National  Telegraph  Company,  which  was  as¬ 
sumed  by  the  Automatic  Telegraph  Company,  to 
pay  Hie  royalty  reserved  by  tin1  said  deed  of  Oth 
September,  *1800,  is  estopped  Troni -setting  up  the 
pretences  aforesaid. 

38.  'Hie  said  Harrington  also  falsely; pretends 
and  clniins  tlmt  the  Automatic  Telegraph  Company 
has  the  right  to  assign  its  patent-rights  to  any 
other  company,  without  the  assent  or  the  said 
Little  and  Craig  and  their  assignees,  and  lie  is  now 
endeavoring  to  negotiate  a  sale  and  assignment 
thereof  accordingly.  Which  said  sale  and  assign¬ 
ment  would  be  unauthorized  and  very  prejudice  I 
to  the  interests-of  (lie  plainliifs  bereiii. 

i ;  30;  Tlio  said  Harrington  lias-lit  various  times  and 

in  various  forms  promised-  and  engaged  that  lie 
would  hold  whatever  interest  lie  might. have  or  ac¬ 
quire  in  the  said  inventions  or  claims  of  '»vu,,t,°ns 
of  the,  said  Edison  in  trust  for,  and  would  trans¬ 
fer  thb  sumo  to  the  said,,  the  Automatic  lolegnip" 
|  Company. 


.’-said  Little  and  Craig  and  the  I 


Company,  da  ted  Oth  September,  1800,  the  said  Little 
and  Craig  covenanted  that  they  would  devote  their 
services  to  the  benefit  of  that  company. 

By  the  contmot,  dated  January  13,  1871,  mndo 
between  the  said  Little,  Craig  and  Harrington,  the 
1 1 2__  said  Harrington  agreed  to  lender  his  services  in  de¬ 
veloping  the  said  Little’s  inventions  ;  and  in  con¬ 
sideration  thereof  the  said  Craig  and  Little  agreed 
that  the  said  Harrington  should  bo  entitled  to  one- 
fifth  part  of  the  money  and  stock  which  might  be 
received  from  any  persons  or  company  who  might 
carry  out  the  said  contract  of  Oth  September,  1800, 
on  a  transfer  thereof  through  the  agency  of  the 
said  Harrington. 

The  contract  Inst  mentioned  wiis  transferred,  or 
contracted  to  be  transferred,  to  tile  Automatic  'IV1- 
173  Company,  through  the  agency  of  the  said 

1,0  Harrington, 

Whilst  the  said  Harrington  was  procuring  pat¬ 
ents  to  be  issued  to  the  said  Edison,  as  aforesaid, 
taking  nil  assignment  of  the  principal  part  thereof 
to  himself,  the  said  Harrington,  instead  of  causing 
such  assignments  to  be  made  to  the  said  companv, 
the  said  Craig  made  inquiries  on  the  subject,  where¬ 
upon  the  said  Harrington  wrote  to  tho  said  Craig 
on  the  Utli  August,  1871,  as  follows:  “My  pur¬ 
pose  is  and  always  has  been  to  put  all  I  can  gel  of 
hrU.royeme.its  and  helps  into  the  system,  [meaning 
1 7-1  5  ,  L,“le  then,  when  success  is  achieved, 

to  let  the  company  say  what  they  are  worth.” 

And  the  said  Harrington,  in  the  submission  to 
arbitration  hereinafter  mentioned,  solemnly  reco'-- 
1,8  °,-lign,i<’"  ,t0  unito» 1,3  fl»-  ns  he  could,  the 


ligation  notwithstanding  the  fact  that  the  plmntilTs 
and  tho  Automatic  Telegraph  Company  are  inter¬ 
ested  in  and  entitled  to  the  performance  thereof. 

40.  The  said  Harrington  has  fraudulently  col¬ 
luded  and’ conspired  with  tho  said  Little  to  oust  tho 
said  Craig,  or  the  parties  claiming  under  him,  from 
all  benefit  and  advantage  of  or  under  the  said  con¬ 
tract  of  Dili  September,  IStiO,  and  tho  said  Tho  Au¬ 
tomatic  Telegraph  Company,  through  its  ofiiccrs, 
have  participated  in  thesnid  fraudulent  conspiracy. 
Ill  pursuance  of  which  said  nefarious  plot ,  certain 
agreements  in  writing  were  entered  into  and  wore 
signed,  scaled  and  delivered  by  the  said  George 
Harrington,  George  Little  and  the  said  The  Auto¬ 
matic  Telegraph  Company,  to  wit 

1  An  agreement,  dated  81  li  January,  1S72,  made 
between  the  said  George  Little,  of  the  first  part, 
and  the  said  George  Harrington,  of  the  second  part. 

2.  All  agreement,  dated  10th  January,  1872,  made 
between  The  Automatic  Telegraph  Company,  of 
the  first  part,  and  the  said  George  Little,  of  the 
second  part. 

3.  An  g.  i  tit  1  ted  Oth  May.  1872,  made  be¬ 
tween  The  Automatic  Telegraph  Company,  of  the 

first  part,  and  the  said  George  Littlc.of  the  second 

4.  An  agreement,  of  even  date  therewith  (Oth 
May,  1872),  made  between  the  said  George  Little 
and  the  said  George  Harrington. 

By  which  said  several  contracts  the  said  George 
Little,  in  collusion  with  the  said  Harrington  and 
The  Automatic  Telegraph  Company,  tinned  to 
nullify  the  said  contract  of  Ol  .  Sep  e.nhe  y  OOfl 
and  to  make  a  new  bargain  w*t,‘  £  £ He 

Telegraph  Company,  reserving  to  said  Little  alone, 
tho  royalty  and'  other  considerations  reserved  and 


made  payable  for  a  license  to  use  his:  6ttid  juvoiki 
tions.  And  the  said  Harrington  and  Little  entered 
into  a  confidential  and  secret  agreement,  for.  a  di¬ 
vision  between  I  lieni  of  the  proceeds  of  such  new 
bargain  to  the  exclusion  of  the.  said  .Craig,  and  .  of 
the  said  Leiferts,  and  of  the  said  McKesson, rnnd  of . 
>  the  parties  claiming  under  them  respectively,  a.s  - 
aforesaid. 

41.  By  the  said  contract  of  Bits  January,  1872,  ; 
made  between  the  said  Little,  and  Harrington,  it  .is 
witnessed  that  in  consideration  of.  tlio.sum  of  ..one. 
dollar,  paid  by  each  of  the  parties  to  the  other,  and 
in  tho, further  consideration  of  the  advantages- to. 
accrue  to  the.  parties  thereto,  as  tho  ownora  and 
controllers,  respectively,  of  various  patents  and  in¬ 
ventions  for  the  preparation  and  transmission  of 
intelligence  by  telegraph,  the  said  Little  agreed 
that  he  would  pay  to  the  said  Harrington  one-half 
pnrt.of  all  the  money,  stocks  or  other  representa¬ 
tives  of  value  that  he  might  receive  from  any  party 
for  the  sale,  license  or  use  of  - any  and  all  of  his 
patents  and  of  his  improvements,  for  which  patents 
had  been  granted  or  applied  for  since  August  2d,- 
180°  or  which  might  thereafter  be  mndej  or-ap- 
pbed  for,  or  granted,  that  were  or  might  be  made 
applicable  to  automatic  or  other  telegraphy. 

And  the  said  George  Harrington  thereby  ■  stipu¬ 
lated  and  agreed  that  he  would  pay  over  to  the 
smd  George  Little,  one-half  part  of  all  the  moneys, 
'"i  .  01,  ‘.,thu.1'  representatives  of  .value,  that  he. 
m  „ht  receive  from  any  party,. from  the  sale,  license 
o  .  eorany  and  a  1  patents, inventions  or  improve¬ 
ments  issued,  made. or. to  be  made,  by.  T.  A.  Hdi- 
J<il'SOy’  of  "hatever  cimrac- 
If  th“l't,,e' B!l,me  wetucontrolled  .by.  the:- 
■ud  Iiaiiington,  ns. well  ns.  from  all, inventions  or 
improvements  so  controlled  that  might,  thereafter 
be.umdu  by.  said  Edison;  and  also.from.unv  and  all 
patents,  invent!  iso  l  jio  c  eats. .that,  he,  the. 


said  Harrington,  might  acquire,  applicable  to  auto¬ 
matic  or  other  telegraphy. 

f;  And  all  prior  agreements  between  said  Little  and 
D.  U.  Craig  and  said  Harrington,  oi<  either  of  them. 

Ilia  relation  to  patents,  inventionsniid  improvements 
in  thu  United  States,  were  thereby  declared  null  181 
and  void,  in  so  far  as  the  said  Little  or  said  Little’s 
interest  was  concerned. 

|  42.  And  by  the  said  ayreements,  dated  Oth  May, 

11872,  made  between  the  said  Harrington  and  Little, 

;  it  was  stipulated  and  guaranteed  by  the  said  Little 
that  his  ownership  of  certain  patents  allowed  to  or 
applied  for  by  him,  in  the  year  1800,  was  not  less 
than  one-half  part  thereof,  and  in  and  to  all  of  his 
other  inventions,  improvements  ’and  patents,  the 
;  title  and  ownership  was  wholly  vested  in  him,  the 
said  Little.  1R2 

•18.  In  pursimnee  or  the  said  secret,  and  fraudu¬ 
lent  agreement  between  the  said  Harrington  amt 
j  Little,  dated  8th  .Innunry.  1872,  the  said  Harring- 
;  ton,  two  days  afterwards,  procured  the  execution 
of  a  contract  between  the  said  Little,  and  the  sail 
Automatic  Telegraph  Company,  dated  H't  i  •  ■>»•• 

1872.  whereby  the  said  Little  covenanted  that 
would  grant,  to  tin*  said  company  an  «xcIiim\l  1 
conse  to  use  his  said  inventions  out  the  paymoi1  » 
a  certain  royalty,  or  would  sell  and  assign  •  1  ^ 

;;i  tents  to  the  said  company  on  payment  «f  “ 

.  therein  mentioned,  the  company  being  «  1 

i  certain  time  within  which  they  should  1  L 
whether  they  could  lake  the  license  or  no  o 
V  the  purchase. 

44.  Hut  by  another  contract,  dated  (Mb >[«>’• 
1872,  made  between  the  said  Little  !iml  ‘ww 
'  company,  the  said  last  mentioned  i  n . 

cancelled  and  superseded,  and  a  ,M-"  V°  • ,  .... 

;  entered  into  by  the  said  Little  with  the  said 


The  wild  eon  Mu  uf,  (luted  Ofli  May,  1872,  imule  lie 
tween  tile  said  Little  and  the  said  i'oni|>anv,  wie 
not  recorded  in  the  Patent  Oiliee  at  Wnshiiurloi 
until  October  21st,  1873. 

•li>.  The  said  Harrington,  having  thus  completed 
his  fraudulent  contrivances  to  cheat  and  defraud 
the  said  Craig,  or  the  parties  claiming  under  him. 
under  the  said  contract  or  Oth  September,  1801), 
proceeded  m  a  course  of  dissimulation  and  false, 
hood  to  conceal  the  said  four  contracts  from  the 
Knowledge  of  the  said  Craig,  and  to  make  him  be- 
'eve  that  the  rights  reserved  to  him  under  the  said 
contract  of  Oth  September,  1800,  were  in  no  respect 
I'niHii'^d  or  prejudicially  affected  by  any  dealings 
letween  the  Automatic  Telegraph  Company  and 
Little,  but  that  he,  the  said  Harrington,  had  merely 
;ot  said  Little  to  extend  the  time  fort  ho  exercise  dr 
he  said  option  on  the  part  of  theeompnny,.nnd  for 
.'at  Purpose  had  merely  made  some  concession  to 
mu  in  respect  to  his  salary,  which  was  unimport- 
ml  to  the  said  Craig. 

And  accordingly,  the  said  Harrington,  after  the 
!*,,d  delivery  of  the  said  several  con.  ra.ds 
i  r.  f  IBSi,Kl  11,1(1  lll,!  Automatic  Tele- 

I  a  iri  i ,,;?!! 1 1 " 1 11  -v'  !  1 "  1  e  1  u'ee  n  the  said  Little  and 

imsto  ,  continued  to  make  statements,  orally. 

Iteresis  .  °  l0,llm  sai<1  '»  which  tile 

ubsisiin.r' nelfTe<1  ,0  '  s"i<1  Gm,s  were  treated  as 

lie  exeefi  ”  1 10  r"",10 "‘"-v  ,ls  flle.V  subsisted  before 
sa"1  fraudulent.  contracts 
iveei  ii  niM  aml  r,'"‘'"'«ton,  and  bn- 

1|nv  1  Hiu  Automatic  Telegraph  Com- 

m!e  t'o 1872>  ""''l  H»r'».«ton 
"  °  tl,e  said  Craig,  referring  to  the  proposed 


'ormntion  of  a  new  company  to  take  the  patent 
•ightsaml  property  of  the  Automatic  Telegraph 
Company,  and  said  :  "  I  have  not  as  yet  anule 

tuy  calculation  or  estimate  of  what  I  and  my  assn- 
•hues  are  to  receive  or  should  receive.”  "1  am 
strongly  in  hopes  that  the  coming  week  will  seen 
favorable  lesult  to  my  negotiations  in  that  respect. 
We  have  until  January  to  determine  whethci 
I  he  system  will  be  worked  under  ownership  oi 
royalty,  which  question  will  lie  determined  afte: 
I  rial.” 

In  n  letter,  (Inlet/  17 ///  Anr/uxl,  1872,  the  sail 
Harrington  wrote  to  the  said  Craig,  as  follows  :  “ 
am  of  the  opinion  that  you  do  yourself  injustice  ii 
the  stand  you  have  taken,  ami  you  will  eventually 
find  that  tiiy  intentions  in  regard  to  yourself  hav 
never  swerved  from  the  position  taken  in  the  com 
mencemeut  of  the  enterprise.” 

•1(1.  What  was  the  position  taken  by  said  Hui 
ring  ton  at  the  commencement  of  the  enterprise  i 
stated  in  said  Harrington’s  letters  to  said  Ci-iig 
(Met/  m/i  Min/,  1870  ;  21*/  Min/,  1870.  and  10/ 
i\or,e.nther,  1871.  In  the  letter  of  18///  Mail,  IS  A 
said  Harrington  says :  ”  Your  understanding  tin 

we  shall  work  together  and  for  our  mutual  benel 
to  earn-  out  all  our  plans,  not  only  foi  niukin 

money,  but.  with  the  telegraphic  agency,  that  yo 

should  gratify  our  personal  feelings  in  a  trinmi' 
in  relation  to  the  news  intelligence,  in  which,  if 
have  voice  or  power,  1  will  stand  by  you  to  the  fol 
est-  extent,  is  in  accordance!  with  my  wishes.  . 

In  the  said  letter  ..r  21.v/  Man,  1870.  said  llnrri.il 
ton  says  Mult  liis  interest  is  “  based  iijiont  um.  use, 
alliance  offensive  and  defensive  with  you. 

In  the  said  letter  of  1( 1M  iXan-wlnr.  1871,  sm 
Harrington  writes  thus:  •*  My  0  *  1  1 " 

has  been  loyal  to  you,  to  Mr.  Little,  am  1  . 


Hie  enterprise,  tut  I  have  written  before,  by  joining 
cordially  in  our  effort  to  develop  the  system.” 

The  assurance  thus  given  by  the  said  Harrington 
that,  lie  remained  loyal  to  said  Craig  and  Little  was 
elicited  by  the  fact  that,  the  said  Harrington  had 
IPO  represented  that  said  Little’s  telegraph  system  had 
been  superseded  by  some  inventions  of  said  Kdison, 
which  were  owned  and  controlled  by  said  Harring- 


Heferring  to  this  subject,  said  Harrington,  in  a 
letter  to  said  Craig,  dated  August  14th,  1871,  wrote 
as  follows  :  “AVhen  I  spoke'  or  the  Little  system 
being  valueless  to  General  Lefferls,  I  meant  thnt, 
like  gold  in  the  mines,  it  was  practically  valueless 
until  developed  and  made  practically  applicable  to 
telegraphy.  That  it  had  no  commercial  value  fixed 
and  known,  but-  thnt  our  joint  efforts  would  give  it 
1 91  such  value,  and  I  was  vexed  that  you  should  so 
misunderstand  me  and  send  me  an  estimate.  You 
can’t  point  to  a  word  or  act  of  mine  that  has  not 
been  to  further  the  successor  our  scheme— the  suc¬ 
cess  of  automatic  telegraphy.” 

“  Is  there  not  a  tendency  to  degenerate  into  a  di¬ 
vision  over  the  spoils  before  we  have  any  spoils  < 
My  purpose  is,  and  always  has  been,  to  put  all  I 
can  get  of  improvements  and  helps  into  the  system; 
then  when  success  is  achieved,  to  let  the  company 
say  what  they  are  worth.  They  know  all  I  am 
doing,  and  they  know  what  I  mean  to  do.  Don’t 
l  •>-  let  anything  come  between  us.  We  have  stood  In- 
one  another  thus  far,  and  T  mean  to  stand  by  you.” 

47.  ’I  lie  said  Craig  having  heard  some  rumors  to 
the  effect  that  the  said  Little  claimed  to  have  made 
some  new  conti-nct  with  the  said  company,  to  the 
detriment  or  the  interests  reserved  to  the  said  Craig, 
as  aforesaid,  made  some  inquiry  or  the  said  Har¬ 
rington  on  the  subject.  Thereupon  the  said  Har¬ 
rington  wrote.  to  the  said  Craig  a  letter  dated  Avtj. 


!8r7, 1872,  in  which  ho  stales  Ih  it  he  has  secured  a 
ii-m  basis  for  the  automatic  system,  and  that  lie 
vislies  an  interview  with  Craig  to  give  him  the  de¬ 
oils. 

Referring  to  the  contract  with  Little,  lie.  says 
that  it  “in  no  wise  changed  the  essential  points  IS 
ixcept  that  it  gives  us  until  .Inntiary  1st,  1873,  to 
letermino  whether  we  shall  use  the  system  under 
royally  or  purchase.” 

“In  negotiating,  my  objects  were  two-rold,  and 
those  the  two  you  have  so  constantly  desired,  viz: 
ability  to  carry  out  the  enterprise  (I  mean  financial 
abilityh  and  to  secure  it  from  all  liability  to  be  ab¬ 
sorbed  by  the  Western  Union.  This  latter  which, 
with  you,  was  the  most  vital  point,”  etc. 

48.  In  the  month  of  February,  1S73,  it  having 
been  agreed  between  the  said  Harrington  and  Craig  1( 
that  certain  questions  respecting  the  alleged  inven¬ 
tions  of  automatic  telegraph  apparatus,  made  by 
Frederick  .1.  Grace  and  George  II.  Grace,  at  the 
instance  or  the  said  Craig,  (and  the  disposition  of 
which  inventions  the  said  Craig  controlled)  should 
be  referred  to  the  decision  of  arbitrators,  a  deed 
of  submission  to  arbitration  was  executed  and  de¬ 
pt  is  dated  4th  Feb.,  1S73.  and  the  parties  to  it 
are  George  Harrington,  in  his  own  right  and  as  Pres¬ 
ident,  of  The  Automatic  Telegraph  Company,  m  its 
own  right,  mid  under  contracts  therein  referred  to,  1 
andnlso  as  the  assignee,  representative  and  attor¬ 
ney  of  the  rights  and  interests  of  and  patents  issued 
to  Thomas  A.  Edison,  or  the  first  part,  and  Daniel 
H.  Craig  in  bis  own  right  and  as  assignee,  represen¬ 
tative  and  attorney  as  therein  mentioned  of  the  sec¬ 
ond  part. 

40.  At  the  time  of  the  date  and  execution  of  the 
said  deed  of  submission,  the  Automatic  iulegrupk 


Company  lmcl  concealed  from  the  said  Craig  the  fact 
that  they  claimed  to  hold  nil  exclusive  license  to 
use  the  said  Little’s  said  inventions  under  and  by 
virtue  of  a  new  contract  between  them  and  said 
Little  in  repudiation  of  iho  said  contract  of  Oth  Sep¬ 
tember,  1800.  And  the  said  Harrington,  at  the  time 
196  of  the  date  and  execution  or  the  said  deed  of  sub¬ 
mission,  also  held  forth  and  pretended  that  he  had 
been  using  the  property  of  tiie  Company,  its  line  and 
oiiices,  and  the  services  of  its  employees  to  develop 
the  inventions  of  improvements  made  ns  aforesaid 
by  the  said  Edison  for  the  benefit  of  the  said  Com¬ 
pany. 

00.  And  accordingly  the  said  deed  of  submission 
to  arbitration  in  addition  to  the  statement  ns  afore¬ 
said,  that  the  said  Company  was  assignee  of  Edi¬ 
son’s  patents,  contains  the  following  recital,  recog- 
mzmg  the  existence  of  the  said  contract  of  Oth  Sep- 
‘  ‘ember,  1SC9,  and  claiming  title  under  it.  and  nlso 
j-ecognizing  the  duty  and  obligation  of  the  said 
Harrington  to  hold  his  interest  in  the  said  Edison’s 
inventions  for  the  benefit  of  the  said  Company. 

“And  whereas  each  of  the  parties  hereto  is  con¬ 
vinced  that  it  is  most  decidely  to  the  interest  of  all 
interested  in  the  practical  utilization  of  Automatic 
or  hast  Jelegrapliy  that  all  the  devices  and  inven¬ 
tions  that  have  been  made  will  at  all  aid  in  the  per- 
”  l,R,cti71  of  a  system  or  systems 

of  last  telegraphy  should  be  united  in  the  same 

1QR  r  ,t;"i'VaSrn.tC,,,l,ll,h!d  b-vnI1  parties  l.erc- 

!98  to  ft oin  their  first  connection  with  the  development 
of  a  system  or  systems  as  aforesaid,  and  as  was 
provided  or  intended  to  be  provided  by  the  con- 

Nationnl^T  l'’  S°T  °n  11,0  lm,'tiu8  lle,,ifo  with  the 
te  ''Lr  !KTJ  Co,nl)llI1y.  which  contract  has  • 
TeW,  r!!refl  °1'  nss,8"Rd  t0  Automatic 
nn  l  °foi  n  °  1M,I,y,’  !,ml  in  r'»theranco  of  which 

«nd  foi  the  general  beiieiit  of  Automatic  Tele- 


§ (51.  The  said  contracts  belwoni  said  Little  and 
narrington,  and  between  said  Little  and  the  Auto- 
mat ic  Telegraph  Company,  were  artfully  concealed 
by  tho'  said  Little  from  the  said  Craig.  The  said 
Little  never  gave  the  said  Craig  any  intimation 
that  he,  the  said  Lillie,  did  not.  intend  to  give  tho 
Automatic  Telegraph  Company  time  to  try  his  new 
improvements,  but  intended,  after  getting  the  Com¬ 
pany  to  pay  tile  expenses  of  the  patents  for  them, 
to  claim  them  as  his  own  property,  free  and  dis¬ 
charged  from  tho  obligations  of  the  said  contract 
of  Oth  September,  1800. 

The  said  Little  gave  snid  Craig  no  notification  or 
intimation  that  he  considered  the  said  contract  of 
Dili  September,  1800,  to  have  hi  I  f  if  t  1  it 
nullified,  but  merely  notified  the  said  Craig  of  the 

alleged  revocation  of  a  certain  authority  or  power 

of  attorney  held  by  him  from  the  said  Little  to 

transact  certain  business  for  the  said  Little,  life 
said  Little  made  no  oiler  to  reassign  the  one-half 
interest  in  the  said  original  patents,  which  was  to 
be  re-assigned  in  case  of  a  collapse  or  cessoi  o  t  ic 
said  contract  of  Oth  September,  1800,  m  which  said 
contract  the  snid  Little  laid  a  mere  minority  inter¬ 
est,  ns  hereinbefore  mentioned.  And  the  saw 
Little  did  not  assume  to  make  the  sand  new  con¬ 
tract  with  the  Automatic Telcgrail  C  1 
tv  considerable  length  of  time  had  elapsed  alte  .c 
1st  dav  of  January,  1S72,  and  after  there  had  been 
a  full  and  complete  waiver  of  the  " 

mentioned,  in  the  said  contract  of  Oth  Uhinnij 
1871. 

And  the  snid  Harrington,  to  cover  up  Jus  flJ'd  fl'l'ld 
and  trickery,  did  often,  in  conversation 
said  Craig,  repudiate  and  ridicule  the  . 

there  could  lie  merely  1>>'  reason  of  je  ■ 

tho  contract  as  to  time  and  absolute  rmreitura 
the  Company’s  rights  at  the  i"""' 1 "Imy, 


or  by  one  only  of  (ho  two  owners  of  the  rovnltv  re 
served  by  the  said  contract.  Ami  the  said  il!lr. 
rington  quoted  the  opinion  of  counsel,  which  lm 
l.U  taken,  which  to  the  affect  .that  “both  of 
the  parttes  of  the  second  part  to  the  said  contract 
of  Dili  September,  1  SOD,  must  act  together  t  | 
and  work  out  such  forfeiture.” 

And  the  said  Harrington  has  frequently,  within 
the  last  four  months,  declared  that  the  Automatic 
lelegraph  Company  did  not  intend  to  claim  that 
the  said  new  contract  with  the  said  Little  destroyed 

o  iTw  th,C  n^roserve<1  “y  contract 

ox  fltli  September,  1S00,  to  said  Craig. 

C,m'"  ","1  insist  «int  by  virtue 
of  the  facts  and  circumstances  herein  set  forth  the 
Automatic  Telegraph  Company  is  equitably  estop- 
pul  from  denying  the  rights  of  the  plaintiffs,  under 

™,n,M  '»■ 

amftrrasfcribiI,ll'1:il1Sl<i11  l,roPMesn.idoffen.  to  sell 
patents  and  i  “,,d  i,,torests  ■»  the  said 

iC  itZ  to  .  •°':SHf  K,lis“"  ("'ithont 

■Vutonci  •  T°l  n?h^0f  "le  l,ll,i«t'irs  and  of  H,e 
o  Ids  tbl  T1;!,,h  .Co,,,lM'»y.  as  aforesaid),  but 
an  «e  "  '  n  “r™St0,,’s  8oIe  '*enefit  „d- 

)r  either  of  them  or  of  n  T 11 1  °f  the  plaintiffs 
Company,  intends  and  off  ®elcgnipl» 

.«.!  transfer  ome  o  L  Sd  P,,?P08e8  to  «“ 
.art  thereof  i  ,  s  8111,1  inventions,  or  some 


Edison  to  the  said  Harrington  for  the  purpose ;o£ 
defeating  tho  said  rights  of  the  Automatic  Tele¬ 
graph  Company,  and  or  the  plaintiffs  therein. 

5-t.  And  the  said  the  Automatic  Telegraph  Com- 
:  puny  proposes  and  offers,  through  its  president,  to 
sell  and  transfer  to  a  new  company  the  said  patent  -05 
rights  derived  from  the  said  George  Little  as  afore¬ 
said,  without  any  regard  to  tire  rights  of  the  plain¬ 
tiffs  and  without  their  consent,  and  for  tho  sole 
bcaelit  of  the  said  the  Automatic  Telegraph  Com¬ 
pany,  and  tho  National  Telegraph  Company. 

55.  And  the  said  George  Little  proposes  and  of¬ 
fers  to  sell  and  transfer  his  said  patents  and  inven¬ 
tions,  without  any  regard  to  the  rights  of  the  plain¬ 
tiffs,  or  of  tile  rights  of  the  Automatic  Telegraph 
Company,  or  of  the  rights  of  this  National  Telegraph 
^Company,  hut  for  his,  the  said  Little's,  sole  per- 
sonni  benefit  and  advantage,  and  in  violation  of  his 
contract  with  the  National  Telegraph  Company 
contained  in  tile  said  contract  of  0th  September, 

1800. 

50.  The  plaintiffs  aver  and  show  to  this  Court, 
that  they  will  sustain  and  suffer  irreparable  loss, 
damage  and  injury,  if  the  said  Harrington  slmli 
,  mako  any  sale  or  transfer  of  his  said  rigid,  title  or 
interest  in  said  Edison’s  patents  or  inventions  as  he. 
the  snid  Harrington,  proposes  and  offers  to  do,  as 
aforesaid.  And  that  the  plaintiffs  will  also  suffer 
tho  like  injury  if  the  said  Edison  shall  sell  or  traits-  207 
for  any  interest  in  his  said  patents  or  inventions  so 
us  to  defeat  tho  right  and  title  of  tho  Automatic 
'  Telegraph  Company  ns  aforesaid. 

.  And  tiint  the  plaintiffs  will  also  sustain  and  sutler 
irrepnrablo  loss,  damage  and  injury  if  the  said  the 
Automatic  Telegraph  Company  slmli  make  any 
;  sale,  transfer  or  assignment  of  their  right,  title  or 
interest  in  the  said  patents  mid  inventions  of  the 


siMliiss  . 


said  Guorge  Little,  without  tho  privity  and  assent 
of  the  plaintiffs. 

And  that;  the  plaintiffs  will  also  sustain  and  suffer 
irreparable  loss,  damage  and  injury  if  the  said 
George  Little  shall  make,  as  offered  and  proposed 

1U9  by  him  as  aforesaid,  any  sale,  transfer  or  assign¬ 
ment  of  the  patents  granted  to  him  ns  aforesaid, 
any  or  either  of  them,  or  of  his  said  inventions, 
any  or  either  of  them. 

r>7.  The  plaintiffs  claim  and  demand  a  judgment 
or  decree  for  an  account  from  the  Automatic  Tele¬ 
graph  Company  of  all  the  receipts  of  thesnid  Com¬ 
pany  upon  or  on  account  of  which  the  said  roy¬ 
alty  is  payable,  and  also  a  judgment  or  decree  for 
..the  payment  by  the  said  Company  to  tho  plaintiffs 
of.  the  share  of  the  royalty  reserved  to  the  stud  1). 
11.  Craig  under  the  provisions  or  tile  said  contract 

200  of.Oth  of  September,  1800. 

'  .  Tlie  plaintiffs  also  claim  ami  demand  the  jiulg- 
'  meat'  or  decree  of  this  Court  restmining  and  en¬ 
joining  the  said  G.  Little  from  milking  any  assign 
meal  or  transfer  or  contract  affecting  his  said  pat¬ 
ents  or  inventions  without  the  privily  anti  assent 
of  the  plaintiffs. 

The  plaintiffs  also  claim  and  demand  the  judg¬ 
ment  or  decree  of  this  Court,  restraining  and  enjoin¬ 
ing  the  said  George  Harrington  from  selling  or 
disposing  of,  in  any  way,  without  the  consent  of 

201  the  plaintiffs  and  of  the  Automatic  Telegraph 
Company,  his,  the  said  Harrington’s,  said  right, 
title  or  interest  in  the  said  patents  and  inventions 
of  the  said  T.  A.  Edison,  or  in  any  or  either  of 
them,  to  any  company  or  pursons  or  person  whom¬ 
soever,  other  than  tile  Automatic  Telegraph  Com¬ 
pany. 

And  also  the  judgment  or  decree  of  this  Court 
enjoining  and  restraining  thu  said  T.  A.  Edison 


from  mnking  any  assignment  or  transfer  of  his 
said  inventions  or  any  part  thereof,  so  as  to  defeat, 
impair  or  prejudice  thu  said  rights  of  the  plain¬ 
tiffs  and  of  the  Automatic  Telegraph  Company 
therein. 

Tlie  plaintiffs  also  claim  and  demand  the  judg¬ 
ment  or  decree  of  this  Court  restraining  and  un¬ 
joining  the  said  Tlie  Automatic  Telegraph  Com¬ 
pany  and  the  said  The  National  Telegraph  Com¬ 
pany  from  making  any  sale,  assignment  or  transfer 
without  tlie  consent,  of  the  plaintiffs  to  any  third 
party  of  the  said  patent-rights  granted  or  covenant¬ 
ed  to  lie  granted  to  the  said  The  National  Telegraph 
Company,  in  and  by  the  said  contract  of  0th  Sep¬ 
tember,  1800. 

And  tlie  plaintiffs  pray  that  an  order  or  prelimi¬ 
nary  injunction  lie  granted  to  restrain  and  enjoin 
all  such  sales,  assignments  and  transfers  as  afore¬ 
said  by  all  and  each  of  them,  thu  said  George  Har¬ 
rington.  George  Little,  Thomas  A.  Edison,  and  The 
Automatic  Telegraph  Company. 

And  tlinl  the  plaintiffs  may  have  all  such  fur¬ 
ther  and  other  relief  in  tlie  premises  as  the  nature 
of  the  case  may  require  and  shall  lie  agreeable  to 
equity  and  good  conscience. 

WILLIAM  D.  I1ENNEN, 

Attorney  of  Plaintiff  s. 


Oily  and  Comity  if  Arw  York.  ss. : 

Dan  tut.  H.  CttAio,  oneof  the  plaintiffs  above  nam¬ 
ed,  being  duly  sworn,  says,  lie  is  acquainted  with  the 
facts  stated  in  the  foregoing  complaint ;  tlmt  the 
sn mo  is  true  to  his  own  knowledge,  except  as  to 
those  I, .otters  therein  stated  on  information  anc 


-  ‘  ’  '  ®"  I 


— m 


belief,  und  ns  to  those  matters  he  believes  it  to  bo 


C.  Edward  Rivks, 

Notary  Public, 

New  York  County. 


Wim.iaji  D.  Hkmxjcx,  called  for  plaintiffs  and 
sworn,  examined. 

By  Mr.  Butler : 

Q.  You  arc  nn  atlornov  mid  counsellor  at  law? 
A.  Yos.  sir. 

Q.  As  such  ill  187-1  were  you  employed  to  drawn 
bill  in  equity  in  which  Daniel  II.  Craig,  and  others, 
tiro  complainants,  against  George  Harringtcn, 
Gcorgo  Little,  Thomas  A.  Edison,  the  Automatic 
Telegraph  Company  and  the  National  Telegraph 
Company,  respondents  i 
A.  Yes,  sir  ;  I  was  in  connection  with  Mr.  11.  W. 
Russell. 

Q.  State  whether  that  bill  was  printed,  and 

whether  you  have  a  copy  of  it  ? 

A.  Yes,  sir :  I  have  a  copy  ;  here  it  is. 

Q.  Look  at  the  date  and  say  when  it  was  dated? 
A.  The  8th  of  October,  1S7-I. 

Q.  Did  von  sign  the  bill  as  solicitor  l 
A.  I  did  as  attorney  for  the  plaintiffs  in  the 
usual  course  of  business,  and  in  the  usual  way. 

Q.  State  whet  her  you  served  it  upon  the  parlies  so 
far  as  you  could  ? 

Objected  to  on  the  ground  that  it  is 
I  in  material  whether  the  paper  was  ser- 


A.  I  did,  so  far  as  I  could. 

Q.  Did  you  take  measures  to  have  it  served  in 
the  usual  way  in  which  papers  are  served  in  your 

0lA.°  Yes,  the  papers  were  served  Upon  three  of  the 
defendants,  I  think. 

Q  After  the  service  upo  sont  of  tl  o  Icf  il 
ants,  say  three,  did  you  prepare  that  papa  ?  (hand 


A.  Tcs,  sir ;  I  prepared  that  in  conjunction  with 
Mr.  R.  W.  Russell. 

Q.  Is  it  in  your  hand  writing  or  his  ? 

A.  I  don’t  know;  it  is  notin  my  lmndwriting; 
I  don’t  think  it  is  in  his  ;  it  is  signed  by  mp ;  that 
is  my  signature  to  it. 

220  Q.  After  having  signed  it'stnte  whether  you  gave 
it  to  a  messenger  or  clerk  to  serve  upon  the  parties 
to  whom  it  was  directed  ? 

Objected  to,  upon  the  gronnd,  that 
whether  he  gave  instructions  to  his  clerk 
or  messenger  or  not,  is  immaterial ;  the 
question  being  simply  whether  it  was 
served  or  not. 

The  Court. — There  is  no  harm  in  the  question. 
It  makes  no  difference  whether  he  gnvo  it  to  his 
clerk  or  not,  unless  he  shows  that  he  served  it 

221  afterwards. 

A.  I  cannot,  of  my  own  recollection,  without 
reference  to  my  register,  state  that  1  gnvo  this  to  n 
messenger  to  be  served  upon  the  Western  Union 
Telegraph  Company. 

Q.  Look  at  your  register,  if  you  have  one  ? 


Q.  Is  that  your  register  in  which  memoranda 
and  records  of  service  of  processes  wero  kept  bv 
you  1  A.  It.  is,  sir. 

222  Q.  In  the  usual  course  of  your  business  ? 

A.  Yes. 

•  Q.  Was  the  entry  iti  regard  to  this  notice  made 
there  in  the  usual  course  of  business? 

Objected  to,  on  the  ground  tlmt  it  does 
not  appear  that  there  is  tiny  entry. 

Q.  Did  you  enter  there  a  record  of  the  service  of 
this  notice?  A.  I  did,  sir. 


•  Q.  Was  that  entry  made  in  the  usual  courso  of 
business  ?  A.  It  was. 

Q.  Wluit  is  the  date  of  the  service  of  this  notice? 
Objected  to ;  excluded. 

Q.  Look  at  that  entry,  and  tell  me  when  that  223 


Objected  to,  on  the  ground  that  it  has 
not  been  proved  that  it  was  served ; 
objection  sustained. 


Objected  to,  on  the  ground,  tlmt  the 
witness  has  slated  that  lie  has  no  per¬ 
sonal  recollection  of  giving  it  to  a  clerk  „ 
or  messenger  to  be  served,  lmt.  that  he  may 
perhaps  be  able  to  refresh  his  memory  by 
reference  to  bis  register.  After  reference 
to  his  register  he  ims  not  stated  that  bis 
tnemorv  is  so  refreshed,  as  that,  lie  is 
ablo  to  stale  whether  be  delivered  it  to  a 
clerk  or  messenger  to  be  delivered  or 

Q.  Look  at  the  entry  upon  vour  registtr  in  re¬ 
gard  to  this  notice  ;  does  it  so  refresh  your  recol- 
h  lection  as  to  enable  you  to  state  whether  you  gate 
:v  it  to  anybody  for  the  purpose  of  service  i  t 

'  A.  I  must  have  given  the  notice  to  some  one,  oi 

r  instance,  T  should  not  have  made  this  entry  upon 

,  the  register. 


Mr.  Lowrey. — Please  don’ t  reason  about  it ;  an¬ 
swer  the  question  directly. 

A.  My  recollection  is  so  far  refreshed  that  l  can 
_ . . J„,1  Inokimr at  tills  regis- 


ter,  Hint  Micro  was  11  notice  sent  from  my  oflico  to 
the  Western  Union  Tulogmph.-Coiupuny. 

Q.  By  n  proper  person  ? 

Objected  to,  on  the  ground  Hint  there 
is  nothing  in  the  record  on  llio  register 
which  would  lend  tho  witness  to  uny  such 
conclusions. 

The  Court. — Tie  didn’t  inenn  to  say,  ns  1  in- 
erpreted  his  testimony,  Hint  it  was  sent,  but  Hint 
le  directed  it  to  bo  sent. 

The  Witness.  My  memory  is  so  Tar  -refreshed 
Imfc  I  remember  I  directed  ifc  to  be  sent. 

Q.  State  whether  you  cun  say  Hint  tlio  messcn- 
;er  reported  that  it  had  been  served  upon  (he 
Western  Union  Telegraph  Company? 

Objected  to ;  objection  sustained  ;  ex¬ 
ception. 

Q.  Look  at  that;  can  you  tell  when  that  left 
our  office?  A.  Yes,  sir. 

Q.  When?  A.  On  the  18th  or  October,  1S7-I. 
ate  whether  you  got  a  report  of  tho  fact 
liad  been  left  where  you  sent  it  to  be  left? 

Objected  to  on  the  sumo  ground  here 
tofore  slated;  same  ruling  and  excep¬ 
tion.  1 

/«wv!.-lt,  does  not  matter  whether  he  did  or 
ho  did,  it  would  not  affect  the  question  ;  it 
>e  mere  hearsay. 

ate  whether  the  entry  made  there,  in  your 
,  was  made  at  the  time?  A.  It  was 

hat  is  the  date  of  it  ? 

tli  of  October,  1871. 

nv,  sir,  assuming,  for  tho  purpose  of  the 


Objected  to,  on  the  ground  that  it  is 
assuming  a  fact  that  is  not  proved,  and 
undertaking  to  make  the  witness,  who 
did  not  make  tho  service,  prove  that  it 
was  served  ;  objection  sustained  ;  ex¬ 
ception. 

The  Court. — If  he  knows  when  it  was  served  he 
can  state  ;  if  he  don't  know,  let  him  say  so. 

Q.  Do  you  know  whether  it  was  served  or  not? 

A.  Of  my  own  personal  knowledge  I  do  not, 
apart  from  the  entry  in  my  book. 

Q.  You  didn’t  carry  it  ? 

A.  No,  sir  ;  nor  I  didn’t  serve  it  myself. 

Q.  Do  you  know  it  was  served,  as  you  knew  of 
the  service  of  any  other  sorvico? 

Objected  to  ;  objection  sustained. 

Q.  Did  you  ever  have  anything  to  do  with  send¬ 
ing  that  notice,  or  any  other  notice  to  the  Western 
Union  Telegraph  Company  after  the  13th  of  Octo¬ 
ber,  in  this  case? 


Q.  Do  you  know  the  clerk  by  whom  you  sent  it ! 

A.  1  him*  forgotten  by  whom  I  sent  it,  and  I 
find  no  entry  in  my  register  of  the  person  it  was 
sent  by,  or  to  whom  I  gave  the  direction,  and  to 
whom  I  handed  it  to  be  taken  :  all  t  know  is,  I 
simply  gave  the  direction. 

Q.  You  havo  forgotten  the  person  by  whom  it 
was  sent?  A.  Yes,  sir. 

A.  It  was  some  poison  in  connection  witn  join 
office,  I  suppose,  or  the  business  of  your  office 
.  A.  Ary  impression  is  that  it  was,  but  1  don  t  re¬ 
member  his  name. 


Q.  Do  you  know  who  made  the  entry  ? 


. . 


Q.  State  whether  yon  have  a  printed  copy  of  the 
bill  2  A.  I  have. 

282  Q.  State  whether  you  sent  a  printed  copy  of  the 
bill  'with  the  notice  as  a  part  of  it? 


The  Court. — It  don’t  amount  to  nny thing  unless 
it  is  connected  with  these  parties  and  is  brought 
home  to  them.  Yon  may  answer  the  question. 

A.  I  think  I  did. 


Q.  Have  you  any  doubt  in  vour  i 
you  did? 

A.  I  scarcely  have  a  doubt  in  my  o 
from  my  entry  in  the  register. 


Q.  Do  you  use  the  words,  “’was  sent?” 

A.  I  gave  directions  for  it  to  be  sent. 

Q.  You  gave  directions  simply  ? 

A.  Yes,  sir;  I  gave  directions  for  it  to  be  sent, 
and  don’t  know  what  took  plaee  afterwards,  except 
what  was  told  me. 

Mr.  Butler  offers  in  evidence  the  entry 
l  upon  the  register,  made  in  the  usual 

course  of  business,  in  regard  to  the  ser¬ 
vice  of  . this  notice. 

Objected  to  upon  the  ground  that  it 
already  appears  that  Mr.  Hennan  didn’t 
make  the  service. 

J7ie  Court. — It  is  clearly  inadmissible  oh  the 
ground  urged,  and  also,  on  the  ground  that  it  is 


Mr.  liutler.— For  the  purpose  of  raising  the  ques¬ 
tion,  I  ask  your  Honor  to  permit  the  entry  to  go 
upon  the  record,  ns  embraced  in  my  offer. 


Mr.  Rutter.-  Then  I  desire  to  amend  my  previ¬ 
ous  offer  in  that  respect ;  and,  stated  formally,  it  is 
that  I  offer  in  evidence  the  entry  on  the  register  or 
Mr.  Honnan,  in  regard  to  the  service  of  this  notice, 
made  in  the  usual  course  of  business,  in  the  follow¬ 
ing  words  : 

Daniel  W.  Craig  and  James  B.  Brown  against 
George  Harrington,  George  Little,  Thomas  A. 
Edison.  The  Automatic  Telegraph  Co.  and  The 
National  Telegraph  Co.  Superior  Court  of  the 
city  of  New  York.  Complaint  filed  8th  of  October, 
1874.  ******  Notice  given  to  Western 
Union  18th  October;  served  on  President. 

Q.  Have  you  any  means  of  knowing  who  it  was, 
or  can  von  give  me  any  clew  by  which  I  can  deter¬ 
mine  who  it  was  that  served  this  notice  t 

Objected  to ;  admitted. 

A.  I  have  already  stated  that  I  have  forgotten 
the  name  of  the  person  who  served  it.  ' 

Q.  Whose  handwriting  is  the  notice? 

•  A.  It  is  signed  by  me. 

Q.  In  whose  handwriting  is  it  2 

A.  It  is  signed  by  me;  it  is  not  in  my  handwri¬ 
ting..  . 

Q.  The  notice! 

A.  No,  sir ;  the  signature  to  it  is  tn  my  hand¬ 
writing;  I  think  the  clerk  wrote  the  body  of  it,  but 
I  don’t  know  certain  who  it  was. 


Cross-examination  waived. 

Mr.  Butler.— I  now  offer  the  notice  untl  copy  ol 
the  bill  which  was  produced  here  yesterday  from 
the  possession  of  the  Western  Union  Telegraph 
Company. 

Defendant's  counsel  objects. 

First.— On  the  ground  that  the  evi¬ 
dence  is  a  matter  res  inter  alios  acta. 

Second. — That  it  does  not  appear  that 
the  notice  in  question  was  ever  served. 

Third.— That  it  does  not  appear  that 
the  bill  in  question  was  ever  served,  nor 
is  there  any  evidence  tending  to  prove 
that,  it  was  served  by  anybody.  Tin- 
whole  evidence  on  the  subject  being 
merely  the  fact  testified  to  by  Mr.  Or¬ 
ton  that  he  had,  on  some  occasion,  seen 
it  in  the  oflioe  of  the  Western  Union 
Telegraph  Company. 

Fourth.— That  it,  does  not  appear  that 
the  Western  Union  Telegraph  Com¬ 
pany,  or  any  of  its  officers,  ever  read 
that  bill,  or  that  portion  of  it  ns  to  which 
the  counsel  immediately  inquires. 

Fifth.— That  no  such  proof  is  admis¬ 
sible  in  support  of  the  allegation  of  the 
complaint  that  the  Western  Union  Tele¬ 
graph  Company  and  Prescott  had  notice 
of  it  before  the  1st,  or  January,  there  be- 
subject"^' ti0n  ‘n  the roml,laint tl>ut 

The  Court.— I  will  take  the  evidence  for  what  it 
worth,  and  decide  upon  its  effect  hereafter.  Tl.e 

estion  is  one  of  effect. 

Defendant’s  counsel  excepts. 


Jiill  marked  Inhibit  Z  8,  and  put  in 
evidence.  Mr.  Wheeler  mores  to  amend 
the  complaint  by  inserting  at  folio  20, 
after  July  1,  187-1,  the  words,  “and  also 
prior  to  January  1st,  187a.”  Motion 
granted  with  loavo  to  defendants  to 
amend  their  answer  if  limy  deem  it  5 
proper.  It  is  also  agreed  by  plaintiff’s 
counsel  that  the  amended  complaint  shall 
be  verified. 

Mr.  Butler  reads  in  evidence  from  articlo  33  of 
the  complaint. 


llljtAM  Bak.nky,  called  for  plaintiff,  and  sworn,  n 
Examined  hj/  Mr.  Sutler:  II 

Q.  What  is  your  business  1  A.  Lawyer.  HI 

Q.  In  llio  summer  of  187-1,  did  you  see  Mr.  Or-  HI 
ton  about  the  purchase  of  the  interest  of  various  ■■ 
associations  in  the  Automatic  and  other  telegraph  H 

A.  I  saw  him  in  relation  to  the  purchase  of  the  U 
Automatic  and  other  properly  connected  with  that.  BJ 
Q.  Did  you  arrange  a  meeting  between  him  and 
Mr.  Heiff,  and  if  so,  where? 

A.  On  tho  Wlh  of  June,  Mr.  Orton  called  at  my  043 
office  about  noon,  and  wo  entered  into  conversation 
in  respect  to  the  purchase  by  tho  Western  Union 
Telegraph  Company,  and  t  he  property  and  patents 
which  they  and  George  Harrington  held. 

Q.  Will  you  go  011  and  state,  as  near  ns  you  .can 
recollect,  what  was  said  ( 

Objected  to  on  tho  ground  that  it  is 
notin  rebuttal. 


Q.  Wns  Mr.  Orton  informed  by  yon  tlmt  Mr. 
Dnvidgo  hud  no  authority  to  treat  ? 

A.  lie  wns. 

Q.  State  wluSthcr  a  meeting  wns  arranged  for  nn- 
otlier  day  with  Mr.  Reiff  ? 

A.  O11  that  day,  the  12th  of  June,  Mr.  Orton  and 
I  agreed  that  we  would  mfcet  again  on  Monday  the 
15th  of  June,  because  Mr.  Harrington  wns  absent. 

Q.  Did  you  and  Mr.  Orton  and  Mr.  Heiif  meet 
on  that  day?  A.  Yes. 

Q.  On  that  day,  the  15th  of  June,  Mr.  Orton  wns 
informed  by  you  and  by  Mr.  Reiff  in  yonr  presence 
that  you  at  that  time,  had  no  authority  to  sell  the 
automatic  X 

A.  Hot  on  that  day,  but  on  the  previous  dnv, 
the  12th  of  June,  I  told  him  so. 


Q.  Was  Mr.  ReiiT  present  on  the  12tli of  June? 
A.  Ho,  sir. 

Q.  You  told  him  so  ? 

A.  I  told  him  that  I  had  doubts  whether  Mr. 
ReifF  could  sell  or  accept  an  offer  for  the  purchase  ; 


Reiff  could  sell  or  accept  an  offer  for  the  purchase  • 
if  certain  papers  which  Iliad  prepared  were  already 
executed,  he  could  not  sell  ;  if  they  were  not  he 

tty  Mr.  Butler  : 

Q.  Whether  they  were  executed  or  not  yon  did 
not  know?  A.  No,  sir  ;  but  before— 


Q.  Did  you  finish  your  conversation  on  the  15tli  ? 
A.  Ho,  sir. 

Q.  You  adjourned  to  meet  on  the  10th  ? 

A.  Yes,  sir. 

Q.  When  the  two  came  together  and  lmd  a  con- 
toe"  A.  He  dW  ROiff  Ie“Ve  ^  r°°m  at  a  Certaiu 


Q.  After  Mr.  Reiff  left  the  roam,  what  did  Mr. 
Orton  say  to  you  and  you  to  him  as  to  mailing  a 
proposition  fora  sale? 

A.  Precisely  what  was  said  ‘a  words  I  cannot 
remember  well  enough  to  testify,  hut  the  substanco 
I  can  state. 

Q.  Pleaso  do  so.  247 

A.  Mr.  Orton  remarked  that  ho  lmd  can  versed 
with  Mr.  Reiff  very  fully,  in  regard  to  the  proper¬ 
ty,  and  all  the  things  proposed  .to  be  turned  over 
in  caso  of  a  sale,  and  then  ho  asked  me  when  wo 
were  alone,  “How  what  can  these  tilings  bo  had 
for?”  I  said,  “That  f  cannot' toll  you.  In  tho 
first  place  wo  can  make  no  offer  to  sell.”  I  repre¬ 
sented  Harrington  and  the  automatic.  “  We  can¬ 
not  put  ourselves  in  that  position.  You  must 
make  an  offer,  and  then  we  will  say  what  we  can 
do  with  it.”  He  hesitated,  lie  did'nl.  seem  in¬ 
clined,  by  his  manner,  to  make  any  offer.  I  sag-  0  |g 
gested,  that  if  lie  wished  me  to  advise  him  what 
sort  of  an  offer  to  make,  I  would  do  so.  He  said 
ho  did  in  substance.  1  then  said,  “I  advise  you 
to  offer  Mr.  Harrington  and  his  associates  $500,01)0 
in  cash,  and  $5, 000, (Hit)  in  the  stock  of  the  Western 
Union  Telegraph  Company.’-  .Mr.  Orton  said, 
“$500,000  in  cash  or  in  stock  of  the  Western  Union 
Telegraph  Company  either,  is  out  of  the  ques¬ 
tion.”  Said  I,  “If  you  mean  that  further cotiver- 
sntion  on  this  subject  is  unnecessary.”  He  said,  • 
“I  mean  it.”  I  then  said,  “Ho  offer  Inis  been 
made  on  either  side.”  “None,”  he  said,  “and 
this  conversation  is  confidential.”  f  said,  “  If  I  249 
have  any  occasion  further  to  treat  with  you  m  re¬ 
gard  to  this  matter,  or  ir  anything  should  arise 
which  may  make  it  advisable  or  expedient  in  my 
view  to  have  any  further  conversation,  I  will  ndviso 
yon,”  and  that  ter  i  tcltl  whole  affair. 

Q.  Did  he  say  anything  as  to  the  means  by 
which  lie  proposed  to  wipe  out  or  got  rid  of  this 
line? 

A.  He  did. 


Q.  What  did  he  say  ! 

A.  ITe  said,  I  cannot  undertake  to  stato  tho 
words,  but  the  substance,  and  perhaps  I  may  ure 
the  very  words.  “  I  will,  wherever  the  automatic 
concern  have  oflices,  put  offices  right  opposite  to 
them.  I  will  entry  messages  to  Philadelphia,  Fal- 
T’°  timoro  and  Washington,  of  ten  words,  for  ten 
cents,  and  one  cent  for  every  additional  word.  I 
will  spend  enough  money  to  break  them  down.” 

Q-  I  will  ask  you  whether  Mr.  Orton  stated  at 
that  interview  that  lie  desired  to  get  only  Mr.  Edi¬ 
son’s  inventions  or  the  possession  of  Mr.  Edison's 
business  or  anything  on  that  subject— 


The  Court. — You  limy  ask  him  if  the  observa¬ 
tions  stated  by  Mr.  Orton,  in  his  testimony  weie 
made.  Beyond  that  I  do  not  think  it  is  proper  for 
you  to  go. 

Q.  Will  you  answer  what  was  said  on  that  sub¬ 
ject  ? 

Objected  to.  Excluded.  Exception. 

Q.  Did  you  or  Mr.  Iteiir  ask  Mr.  Orton,  when  he 
was  pressing  for  a  price,  whether  he  wanted  tho 
price  to  cover  the  whole  tiling  or  not,  and  lie  an¬ 
swered  “Ho  t  ” 

A.  I  think  it  probable  I  asked  him  that  question, 
and  that  lie  limy  have  given  that  answer,  but  we 
had  considerable  conversation. 

(Objected  to  on  the  ground  tlint  the 
question  has  been  answered;  objection 
sustained.) 

Q.  Did  lie  say  anything  that  lie  did  not  care 


Q.  Did  horny  ho  didn’t  cr.ro  anything  about  tho 
Litlio  patents'; 

A.  I  don’t  think  he  said  quite  that. 

Q.  What  did  he  say  on  that  subject? 

A.  He  said  lie  didn’t  consider  them  to  be  of 
much  value,  or  that  in  substance. 

Q.  Did  lie  say  that  he  wanted  you  or  Mr.  Reilf  253 
to  give  him  a  price  for  Edison’s  patents  for  tho 
iiutonV.itic.  or  what  did  lie  say  on  that  subject ? 

A.  I  don't  remember  that  lie  separated  those 
from  t  lie  oilier  properties. 

Q.  State  whether  any  tiling  was  said  there  by  Mr. 
Orton  which  confined  the  inventions  which  were  tho 
subject  of  negotiation  to  automatic  alone? 


Q.  Did  you  or  Sir.  ReitT  say  to  Mr.  Orton,  ‘‘Now 
do  yon  desire  to  know  the  price  for  controlling  all  25- 
theso  things*”  (Folio  017.) 

A.  T  don’t  think  1  ever  on  that  occasion  put  Mr. 
Orton  a  question  in  those  words,  because— 


Q.  Did  you  hear  any  such  question  put  by  Mr. 
Heiir? 

A.  If  any  question  in  respect  to  the  subject  mat¬ 
ter  of  this  inquiry — 

Objected  to. 

Q.  Tho  question  is  this :  Did  you  or  Mr.  ReitT,  1 
speaking  to  Mr.  Orton,  s.iv,  “Now  do  you  desire 
to  know  the  price  for  controlling  all  those  tilings  ?” 

A.  I  could  not  have  said  that;  wo  did  not  name 
n  prieo  at  which  wo  would  sell. 

Objected  to. 

By  the  Court: 

Q.  The  question  you  were  requested  to  answer  is 


whether  you  or  Mr.  Roiff  snid  to  Mr.  Orton  these 
words  :  “  Now  do  you  desire  to  know  tlio  price  for 
controlling  all  these  things  ?’’ 

A.  I  could  not  have  presented  n  question  in  that 
form. 

Q.  The  answer  is  not  quite  responsive.  Did  yon 

256  or  Mr.  Iteilf,  is  the  question  ? 

A.  Mr.  Iteilf  may  have  done  so  ;  I  don’t  remem¬ 
ber  about  that. 

By  Mr.  Butler : 

Q.  You  don’t,  remember  that  he  did  ? 

A.  I  think  in  substance  lie  did,  but  not  in  that 
form. 

Q.  I  desire  to  know  whether  he  put  to  yon  this 
question,  in  substance,  “  I  desire  to  know  the  price 
for  Edison’s  automatic  inventions  separately  from 
anything  else?”  (fol.  018.) 

257  A.  I  think  he  did  ;  and  lie  desired  to  know  the 
price  of  the  whole. 

Q».  What  did  he  say  ? 

Objected  to.'  Objection  sustained. 

Mr.  Butler. — I  offer  to  put  in  what,  he  did  say. 

The  Court,— It  is  a  matter  that  should  have  been 
put  in  as  evidence  in  chief,  and  is  in  no  way  proper 
as  rebuttal.  *  1 

Plaintiff  excepts. 

258  Q'  St;lte  whether,  at  that  conversation,  anything 
was  said,  and  if  so,  what  was  it,  as  to  the  desire  of 
Mi.  Orton  to  get  control  of  the  brains  or  inventive 
powers  of  Mr.  Edison,  or  that  1m  desired  to  get 
Harringtons  permission  to  that  effect  through 

A.  I  think  Mr.  Orton  made  a  statement  in  sub¬ 
stance  like  that,  involving  the  question  :  I  cannot 

but  I  kno  "T1  my  "'ort1s  breins, 

powers.110"  v,llned  Mr-  EJ«on’s  inventive 


(Objected  to.) 

The  Court.— So  far  as  Mr.  Orton  has  introduced 
new  matter,  you  have  the  right  to  coat  indict  him, 
but  Mr.  Harney  is  not  Imre  to  corroborate  the  state-  - 
nmnts  of  Mr.  iteilf,  as  to  what  occurred  in  that  con¬ 
versation  in  so  far  as  he  is  contradicted  by  Mr. 
Orton.  This  examination  in  rebuttal  ought  to  lie 
conhucd  very  strictly  and  very  liiielly  to  a  direct 
centred icl ion  of  the  statements  made  by  Mr.  Orton. 

I  have  heretofore  laid  down  that  proposition  very 
clearly  and  distinctly,  and  I  think  that,  to  attempt 
logo  beyond  it,  is  in  derogation  of  llm  instructions 
given  by  llm  Court..  I  have  already  allowed  ques¬ 
tions  to  lie  pul  to  (lie  witness  in  the  exercise  of  an 
extremely  liberal  discretion,  but  1  do  not  propose 
to  go  beyond  what  I  have  slated.  2 

(Plaintiff  excepts.) 

Cross-examined  by  Mr.  Dickerson. 

Q.  Do  you  mean  to  say  that  Mr.  Orton  asked  Mr. 
Iteilf  to  gel  the  permission  of  Mr.  Harrington  to 
employ  Mr.  Edison,  or  to  have  command  of  Mr. 
Edison's  inventive  powers  or  brains' 

A.  Mr.  Orton  was  negotiating  for  all  that  Mr. 
Harrington-had  as  well  as  the  automatic. 

Q.  Please  answer  my  question.  I  am  not  asking 
you  what  ho  was  negotiating  about? 

The  Court. — The  answer  is  not  a  responsive  one.  - 
The  counsel  haa  a  light  to  insist  upon  a  responsive 
answer,  and  you  will  please  muko  your  answers,  as 
fnr  as  possible,  responsive  to  the  questions  put  to 
you. 

Q.  (Question  repeated.) 

A.  I  think  ho  did  in  effect  say  that. 

Q.  What  was  it  lie  said  ?  What  were  the  words 
in  which  he  expressed  llm  request? 


#11111 


A.  Mr.  Orton  know  tlmt  Mr.  Harrington— 

The  Court :  Statu  whntwussniil. 

A.  Mr.  Orton  wished.— 

Q.  Wlmt  dicl  Mr.  Orion  say? 

A.  Do  you  ask  me  to  give  you  the  words? 

Q.  As  near  as  you  can? 

A.  In  suhstanee  Mr.  Orton  expressed  a  desire  t( 
purchase  all  Unit  Mr.  Harrington  had  as  well  as  nl 
the  Automatic  Telegraph  Company  possessed. 

Q.  Is  that,  the  foundation  of  your  previous  an. 


A.  I  didn’t  say  I  had  no  oilier  foundation. 

Q.  AVIiat  else  was  said  from  which  you  aro  aide 
to  testily  that.  Mr.  Orion  asked  Mr.  ‘ Reid  to  get 
Mr.  Harrington’s  consent  to  his  employin'' Mr. 
Edison  in  any  capacity  < 

A.  Mr.  Harrington  hail  an  agreement. 


Q.  (Question  repeated). 

A.  I  cannot  remember  tile  words  that  were  used 
so  as  to  swear  positively  to  them  ;  I  know  the  drift 
of  the  whole  negotiation  and  what  they  were  talk¬ 
ing  about;  and  what  Mr.  Orton  proposed  to  pur¬ 
chase.  •  . 

Q.  You  have  told  as  that  already. 

A.  In  that  was  included  the  inventions  of  Mr 
Edison,  and  those  lie  might  invent. 

(Defendant’s  counsel  object  to  answer 
m  not  responsive,  and  move  to  strike  it 

The  Court.  I  decline  to  strike  it  out,  but  it  will 
be  ill  terly  disregarded. 

Q.  Was  the  subject,  of  any  employment  of  Mr. 
Edtsan  or  any  acquisition  of  Mr.  Edison’s  inven¬ 
tions  talked  of  between  these  parties,  except  so  far 


t  was  involved  in  the  matter  that  was  pending  be- 
ween  them  in  the  negotiation  ? 

A.  1  think  it  was;  I  cannot  be  positive. 

Q.  Wlmt  else  was  said  that  you  know  of  ? 

A.  I  think  Mr.  Ortoii,  in  the  course  of  the  con- 
rorsution  with  me - 

Q  I  only  want  wlmt  took  place  when  Mr.  Reiff 
was  present  i 

A.  I  think  Mr.  lleilT  was  present. 

Q.  1  only  want  wlmt  took  place  when  lie  was 
present,  and  nothing  else. 

A.  1  cannot  be  positive  whether  lie  was  present  ot 

Q.  In  that  conversation  what  did  Mr.  Orton,  in 
Mr.  Ueitr.s  presence,  say  to  you,  or  in  your  pres¬ 
ence,  about  bis  desire  to  employ  Mr.  Edison  or  to 
get  the  consent  of  Harrington  for  him  to  employ  Mr. 
Edison  except  to  any  other  matter  than  that  which 
was  the  subject  of  negotiation  between  the  parties! 

A.  My  recollection  is  not.  distinct  as  to  Mr. 
Reid's  presence  during  this  conversation. 

Mr.  Dickerson— l  want  only  what  occurred  when 
Mr.  Reiff  was  present. 

Mr.  fint/rr.— I  insist  that  the  witness  be  allowed 
to  go  on  and  answer  the  question. 

The  Court. — Tins  testimony  must  now  be  conlineil 
solely  and  exclusively  to  what  occurred  in  Mr. 
Reilf  a  presence,  and  to  a  mere  contradiction  of  Mr 
Orton’s  statement  of  what  occurred  on  that  ocra 
sion  about  which  Mr.  lleilf  did  not  testify  at  a  1. 
Counsel  have  a  right  to  insist  on  the  witness  with 
holding  any  statement  of  what  occurred  on  any 
other  occasion  than  the  one  when  Mr.  Uein  wiu 
present.  He  is  not  to  be  permitted  to  -  testify  ti 
any  conversation  which  did  not  occur  m  Mr  Reiff  s 
presence.  Counsel  have  the  right  to  subject  the  » it- 
ness  on  cross-examination  to  tlmt  limitation. 


member  Mr.  Reiff  whs  there,  the  question  put  t< 
you  on  your  cross-examination  ? 

A.  I  cannot  remember  positively  that  lie  win 
present  when  these  remarks  were  made. 

Q.  WIiii t  is  your  best  recollection  ? 

A.  I  believe  lie  was  ;  I  presume  he  was. 

Q.  Then  answer  the  quest  ion  ? 

A.  But.  it  is  not  from  actual  recollection. 


Examined  by  Mr.  lhtller  : 

Q.  Stnte  whether  you  cnlled  upon  Mr.  Orton,  bo- 
ween  the  1st  and  the  8th  or  Oth  of  July,  1871, 
iboti  t  raising  some  money— 61 0,000  ? 

A.  I  did,  about  that  time. 

Q.  I  would  like  to  have  you  state  the  whole  of 
his  conversation.  After  you  offered  to  hypotlie- 
ate  your  machinery  and  tools  in  yonr  shop,  what, 
lid  lie  say,  and  what  did  you  say  ? 

A.  lie  said  he  didn’t  like  to  ndvnnce  any  money 
n  machinery  in  New  Jersey. 

Q.  What  else  was  said  1 

A.  He  says  “  What  else  have  you  got?” 

Q.  What  did  you  say  to  that? 

A.  I  says  “  I  have  got  my  automatic  interest ; 
ould  you  loan  on  that?”  He  savs  “Wlmt  pe¬ 
ers  have  you  got?”  I  says  “I  don’t  know,  1 
ill  see.”  He  says  “Bring  them  over.” 

Q.  AVlint  did  you  do  then? 

A.  I  brought  some  paper  over. 

Q.  What  did  you  do  with  that  paper? 

A.  I  don’t  know  whether  I  showed  it  to  Mr.  Or¬ 
el  or  not,  but  I  remember  taking  it  down  to  Por- 
:r,  Lowroy  &  Soren’s  office. 

Q.  Who  went  with  you  ? 

A.  I  think  Mr.  Prescott  went  with  me. 

,  What  did  you  do  with  the  paper;  did  you 
ke  it  or  did  Mr.  Prescott  ? 

A.  T  think  I  took  it. 

Q.  What  did  you  do  with  it  ? 


A:  I  think  I  handed  it  to  Mr.  Stone  of  tile  firm. 

Q.  Did  he  examine  it  ?  A.  Yes,  sir. 

Q.  What  did  he  say  ( 

A.  Smiled  and  said  “  No,  good.” 

Q.  About  wlmt  paper  was  that  said  ? 

A.  I  could  not  say. 

Q.  Slate  whether  file  paper  you  went  and  got  at  ■ 
Mr.  Orton’s  request,  and  brought  to  the  office,  and 
then  took  to  Porter,  Lowery  &  Soren’s  office 
with  Mr.  Prescott,  was  one  of  the  papers  showing 
yonr  interest  in  the  automatic— one  of  the  two  ? 

Objected  to  on  the  ground  that  it  is  new 
matter,  not  proper  to  be  gone  into  on  re¬ 
buttal. 

Mr.  lhtller  .-—We  propose  to  show  that  it  was 
oil  her  the  paper  of  1870  or  1871,  and  to  destroy  the 
effect  of  Mr.  Prescott’s  oath.  1 

The  Court  .•—The  evidence  you  propose  to  give  is 
not  by  way  of  contradiction  of  anybody  or  any¬ 
thing.'  1  think  it  is  a  matter  which  should  have 
been  adduced  on  your  case  in  chief.  I  sustain  the 
objection  and  exclude  the  question. 

Plaintiff  excepts. 

Q.  Go  to  another  point.  Did  you  say  to  Mr.  Or¬ 
ton.  in  the  first  days  of  February,  187!),  that  the 
business  of  making  duplexes  was  very  trilling,  and 
that  vou  could  make  a  good  many  of  them,  etc.  ( 

A  ‘l  think  1  said  it  was  a  very  easy  thing  to  , 

tvs*  ~ io" « rr  .«»■  >r  •— 

the  subject  of  the  qi  1  1 1  x  '*>•  "Ir-  ur  0,1 
January  1874,  just  before  he  went  to  Europe ! 

A.  I  think  not. 

Q  In  the  venr  1873,  in  June,  did  you  have  a  con- 
versation  with  Mr.  Orton  in  which  you  expressed 
your  obligation  to  Mr.  Prescott  for  what  he  hud 
done?  A.  1  don’t  remember  that. 


'  '  '  '' 7 


Q.  Dill  you  s  til  to  to  Mr.  Orton,  between  the  1st 
iiml  10th  of  .Tuly,  1874,  that  the  Automatic  people 
hnd  never  paid  you  anything  for  your  inventions— 
just  before  the  Times  article  appeared? 

A.  I  don’t  remember  of  having  stated  that. 

Q.  You  have  no  memory  on  that  sullied  t 
'  A.  No,  sir. 

Q.  Do  you  state  whether  you  were  ‘  present  the 
night  the  Times'  article  ivas  prepared  ( 

A.  Yes,  sir. 

Q.  Was  that  article  rend  over  to  Mr.  Prescott 

A.  Yes,  sir. 

Q.  Did  lie  make  any  alterations  in  it? 

A.  I  don’  t  know  who  made  any  alterations  in  it. 


Q.  Was  it  read  n 


o  yon 


a  manuscript  that. 


night?  A.  Yes;  before  publication. 

Q.  Was  it  read  over  to  Mr.  Prescott  at  that 
time  ? 

275  A.  A  reporter  brought  it  in  the  room  anil  read 
it  over  to  Mr.  Prescott  and  myself. 

Q.  Did  Mr.  Prescott  and  the  reporter  go  out  to¬ 
gether?  A.  1  believe  they  did. 

Q.  When  the  article  was  published  was  it  differ¬ 
ent  from  what  it  was  when  it  wns  rend  over  to  von  ? 

A.  t  think  it  was,  a  little. 

Q.  How  different.  ( 

A.  1  think  it.  said,  when  it  was  read  to  me 
“  Edison  and  Prescott,”  and  when  it.  came  out  it 
was  “Prescott  and  Edison.” 

Q.  The  order  was  reversed  >  A.  Yes,  sir. 
ove  r»y‘  A.-,el’  mi<;iml  tl,B  »>oi>ey  on  the  10th  of 
-7  i  December,  did  you  have  any  conversation  with  Mr. 
Orson  !  A.  I  think  I  did. 

Q.  When  and  where  ? 

Objected  to. 

A.  I  think  at.  the  time  1  presented  the  joint  pro¬ 
position  or  myself  and  Mr.  Prescott. 

•  Q’  ,ftatn  'vlloflu!r  Mr-  Orton  said  anything  to  you 
that  the  second  proposition,  the  one  with. the  alter- 
native,  was  the  same  that  he  should  make  himself? 


A.  I  don*  t  remember  thut. 

Q.  Did  you  ever  hear  that  before  ? 

A.  I  think  not. 

Q.  State  whether  you  know  that  Mr.  Orton  wns 
going  to  Chicago  until  after  he  laid  gone  ? 

A.  No,  sir;  I  did  not, 

Q.  How  sure  are  you  of  that  ?  277 

A.  Very  sure. 

Q.  State  whether  you  called  to  sco  him  the  morn¬ 
ing  after  he  had  gone?  A.  Yes,  sir. 

Q.  Wns  that  the  first  you  heard  he  was  gone  ? 

A.  Yes. 

Q.  Did  yon  agree  with  him  in  any  way  to  put  off 
a  setlcmcnt  of  a  price  for  this  invention  until  after 
be  enmu  back  from  Chicago  ? 

A.  I  don’t  remember  any  agreement  of  that 
kind. 

Q.  IIow  sure  are  you  that  you  made  none  ? 

A.  Very  sure.  Oi-o 

Q.  Did  you  go  with  Mr.  Prescott’to  Porter,  Low- 
rey  &  Soren’s  office,  more  than  onco  in  1874  ? 

A.  I  think  I  went  there  twice. 

Q.  Yon  remember  going  twice  ? 

A.  With  Mr.  Prescott  1  think  not ;  I  am  not 
sure  nbout  it ;  T  know  I  did  once,  sure  ;  the  other 
I  have  only  an  indistinct  recollection  of. 

Q.  Now,  at  any  time  did  Mr.  Prescott  say  any¬ 
thing  to  you  about  a  notice  being  served  on  them 
by  somebody,  of  Harrington’s  claiming  your 
patents  ?  A.’  Not  Harrington  ;  no,  sir. 

Q.  I  want  to  know  when  it  was  that  you  hnd  the 
conversation  you  now  have  in  your  mind,  whether  279 
lie  told  you  that  Air.  Craig  claimed  it. 

*  Objected  to  on  the  ground  that  it  con¬ 

tradicts  nobody,  but  is  new  matter. 

The  Court. — The  examination  of  the  witness 
must  bo  confined  strictly  and  solely  to  matters  in 
rebuttal. 

Objection  sustained ;  .plaintiff  excepts. 


Q.  In  the  Fnll,  between  Clio  10th  of  July,  1874, 
and  tho  30tli  of  'December,  187-1,  when  Mr.  Orton 
went  to  Chicago,  state  whether  Mr.  Prescott  told 
yon  that  Craig  had  notified  him  or  them  of  a  claim 
upon  your  patents? 

A.  lie  notified  me  one  morning  that  Cmigclnimed 
the  quadruples. 

Q.  When  was  that,  as  near  as  you  can  tell? 

A.  I  think  it  was  in  August,  187-1. 

Q.  What  makes  yon  fix  it  in  Augsnt? 

A.  Because  it  was  two  or  three  weeks  after  tho 
Times  a i  tide. 

Q.  What  statement  did  you  make  in  reply  to 
that ?  A.  I  said  “nonsense.” 

Q.  Was  anything  further  said  ? 

A.  He  said  about  the  same. 


Mi-.  Wheeler. — Mr.  D’lnfreville  in  his  testimony 
<  f  yesterday  made  a  reference  to  passages  in  Du 
Moncell’s  work.  I  desire  to  have  them  appear  on 
the  recotd.  They  are  as  follows : 

“Du  Moncell.— Expose  des  Applications  do  1’El- 
ectricite,”  vol.  2,  pp.  102  and  1U8;  vol.  3.  rm  231 
321,  323,  331,  4US  and  -122. 

Mr.  Whieler.— I  desire  to  stnte  so  tlmt  it  may 
appear  on  the  record  that  Exhibit  Z  4,  a  report  of 
Mr.  Orton,  was  pat  in  evidence. 

Mr.Buller.-Wo  have  put.  in  the  answer  to  the 
3S®"’  blll>  “nd  1  desire  to  put  in  the  answer 

of  Mr.  Edison. 


Mr  Butler.  We  offer  it  for  two  purposes:  In 
tlie  first  place,  to  show  that  on  tho  20th  of  Mav 
1875,  in  answer  to  the  bill,  Mr.  Edison  put  in  a  copy 
of  tho  agreement,  ExhibitB,  with  tho  word  “or”  in 


between  automatic  lelcgr:i|  hy ”  and  “  mechanical 
printors.”  I  do  not  care  about  tho  statements  of 
the  answer,  been  use  they  have  been  sworn  to  on 
tho  stand  substantially.  I  desire  to  put  in  the 
fact  that  in  a  proceeding  between  these  plaintiffs 
and  these  defendants  tho  mailer  was  brought  to 
their  notice,  and  the  Tact  that  the  word  “or!1  was 
claimed  to  be  in. 

Mr.  Lowrcy. — We  could  not  admit  that,  because 
whether  or  not,  he  claimed  it  is  a  matter  of  argu¬ 
ment.  We  admit  that  in  the  copy  of  the  paper  an¬ 
nexed  to  the  answer  in  Chancery  of  Edison,  and 
which  purports  tube  printed  in  1875  (and  I  have  no 
doubt  it  was  printed  then;  the  word  “  or”  comes 
between  tho  words  “automatic  telegraphs,”  and 
“  mechanical  printers.” 


Mr.  Lowrey.— The  date  of  tho  answer  is  the  20th 
of  May,  1875,  and  the  printed  copy  now  shown,  in 
which  this  appears,  was  printed  after  that,  some 


Cross  ■  exit  in  i  nation  qT  T/tos.  A.  Edison  hy  Mr. 

Dickerson  : 

Q.  On  the  0th  of  July.  1874,  which  is  the  day  of 
the  dale  of  your  agreement  with  Mr.  Prescott,  you 
went  with  Mr.  Prescott  to  the  office  of  Porter, 
Lowrey,  Suren,  and  Stone  to  have  that  paper  pre¬ 
pared,  did  you  not. 

A.  T  don’t  know  on  what  date  I  went  there,  but 
I  went  there  with  him — yes,  sir. 

.  Q.  It  was  the  day,  was  it  not,  when  the  paper 
benrs  date — on  or  about  that  time  ( 

A.  I  suppose  it  was;  yes,  sir. 

Q  Are  you  certain  tlmt  you  over  went  with  Mr. 
Prescott  to  that  office,  except  on  tlmt  occasion  1 

.A.  I  am  not  absolutely  certain  ;  no,  sir. 

Q.  Ou  tlmt  occasion,  did  you  not  have  the  ongi. 


nal  of  that  paper  dated  June  21st,  1874,  with  yon, 
to  show  to  tlie  a  ttorney  there,  who  was  to  draw,  or 
did  draw  the  agreement  of  July,  Oth  ? 

A.  I  don’t  know,  but  I  suppose  I  must  have  had. 
Q.  Was  that  original  paper  all  in  your  hand¬ 
writing?  A.  Yes,  sir. 

286  ^ils  ^  Wl‘**'ten  by  yon  with  the  same  ink  ? 

A.  Yes,  sir. 

Q.  At  the  same  time?  A.  ’Yes,  sir. 

Q.  The  additional  matter,  and  the  body  of  the 
paper?  A.  Yes,  sir. 

Q.  In  tl  t  c  t  tl  I  yon  have  spoken  of 

with  Mr.  Orton  somewhere  about  the  8th  of  July 
1874,  did  not  Mr.  Orton  say  to  you  that  he  would 
not  give  810,000  for  your  automatic  patents,  but 
they  might  be  a  good  security  for  that  amount  of 
money  to  him  ? 

A.  He  might  have  made  that  expression  :  I  don’t 
remember  it.  ’ 

287  Q.  Don’ t  you  remember  that  you  asked  him  this 
question ;  whether  ho  thought  it  would  bo  a  fair 
tiling  for  you  to  pledge  your  automatic  patents 
with  him  ;  that  is  fair  to  the  automatic  peoplo  ?  • 

A.  I  behove  I  asked  him  that  question  myself. 

,,  ;"r  "ot  ;SID'  to  you  that  he  did  not  think  it 

would  be  fair?  A.  I  think  that  was  the  answer. 

Q.  And  did  lie  not  say  to  you,  now  go  down  to 

ti'em  UnT-r  M,Ul  t,y  f°  b01TOW  lh0  f>om 

w’lmdV  u  IiT  T  U,Ml  itt0jr°"’  001110  back 

effecV?  l°  y°"’  or  wortls  to  t!iat 

288  monej.110"’1  ^  1,6  pro,,,isetl  to  le"d  1110  the 

they  woSmfll^it’to  you  f "  l°  COmo  back  if 
u  A.  I  don’t  remember  that  part  of  the  conversa¬ 
nt;,.  re1  ti!'  y°"  1'omembe1,  that  he  said  to  you  ,  go 


A.  that  sounds  familiar,  but  T  can’t  say  that  I 
romembor  him  saying  that. 

Q.  After  the  conversation  that  you  laid  with  him 
on  Uie^subject,  you  did  go  down  to  Mr.  Heirs?. 

Q.  And  did  you  not  tell  him  the  conversation 
you  had  had  with  Mr.  Orton? 

A.  I  mu  not  sure  about  it. 

Q.  \  on  did  not  get  the  money  from  him  at  that 
time  ? 

A.  I  think  I  told  him  1  was  trying  to  raise  some 
money  from  the  Western  Union  Company. 

Q.  And  did  you  not  tell  him  the  circumstances 
under  which  you  were  trying  to  raise  it? 

A.  I  don’t  know  as  1  did. 

Q.  In  that  conversation  with  Mr.  Orton  you  did 
not  propose  to  him  then  to  cither  lead  you  money 
or  pay  you  money  for  your  qitndruplex  at  that 
time,  did  you  ? 

A.  Not  on  thu  qiiadruplex  ;  no,  sir. 

.  Q.  Now  in  respect  to  the  conversation  with  Mr. 
Prescott,  Unit  you  thought  was  in  August  of  IS74, 
being  after  the  publication  of  the  article  in  the 
Times,  sometime,  don’t  you  remember  that.  Mr. 
Prescott  told  yon  that  lie  had  been  to  see  Mr.  Ashley, 
the  editor  of  the  Te/ei/nt /liter.  in  respect  to  what 
was  published  in  tile  Teler/rap/ier alien t you  and  Mr. 
Prescott,  and  that  Mr.  Ashley  had  said  to  him  that 
Mr.  Craig  made  some  claim  f 
A.  I  don’t  remember  that  part  of  it.  He  merely- 
said  that  Craig  claimed  the  qiiadruplex. 

Q.  I  am  trying  to  get  your  mind  toil  time  merely 
ini  account  of  this  publication? 

A.  I  don’t  remember  that  part  of  it. 

Q.  Do  you  remember  with  any  certainty,  whether 
tha  t  was  in  August,  September  or  October  ? 

A.  No  ;  I  do  not. 

Q.  Did  you  not  Miy  to  him  that  your  contract 
yith  Craig  had  never  been  carried  out? 

A.  Perhaps  I  might  have  said  that. 


Q.  And  that  it  did  not  relate  to  this  subject  at. 
.ill ;  ir  was  nboufc  a  punching  apparatus  ? 

A.  If,  did  not  relate  to  the  quadruple*;  [  don't 
know  as  r  said  that.  Perhaps,  1  might  have  said 

oOo  .  (f- ,n  fnct’  ■iro"r  wnti-ucfc  with  Craig  was  about 
*  -  making  an- automatic  porfoni for? 

A.  Yes,  sir;  in  automatic  telegraphy 
2;  your  oonteM,t  ,vith  Mr* 
tl,nQt'  y0"  "ot  statu  t0  Ml- P^scott  at  that  time 
SSS  yT  W,th  Croig  "htad  «■ 

vefy  likely  ItdirembW  tlmt  »tatoii,ent ; 

«. iSr0t  te,,him  Cmig’s  claim  was 

A.  I  said  “  nonsense.” 

29.'!  ?  !el‘ded  to  an tomntic  telegraphy  i 

■  ■  i  said  u  was  all  nonsense,  he  claimimr  rh.» 
nn  ‘''o  Ti  ’  r  ""derany  contract  that  I  had  witlMiim 
(]0  -  Q.  I  h.it.  contract  of  Craig's  was  18t»;  We  had  it 
here,  and  showed  it  to  yon  1  \ 

A.  I  can’t  tell  ;  the  papers  will  tell. 

Q.  I  hat  contract  with  Craig  was  sometime  hero.,, 
your  contract  witli  Mr.  Harriiigton.  was  it  not ! 

Iie-flhe.ct-e.xawi nation; 

« ““ 
time,  the  body  was?  A.  Yes  sir  S“mo 

Q.  Urlty  was  it  not  written  -in  the  body  then » 

A.  1  don’t  remember  tlmt,. 

»S  SSfi,-  “  I”"  •** .»  Om, 


A.  I  think  it  was  put  in  there  to  make  it  more 
specilic,  to  show  what  particular  kind  of  duplex 
apparatus  was  referred  to. 

Q.  What  I  want  your  attention  to  is,  whether  it 
was  your  own  suggestion,  or  the  suggestion  of 
somebody  else  ?  A.  I  could  not  rcinomhor  that. 

Q.  Do  you  remember  who  was  there  when  it  was 


Q-  Prom  anything  tlmt  has  been  asked  you  on 
eross-examination,  do  you  wish  to  alter  your  testi¬ 
mony,  that  you  went  down  to  Mr.  Soren  with  a 
paper,  not  Exhibit  -hi. 

Objected  to ;  objection  sustained. 

Q.  You  said  you  went  home  and  got  some  paper 
o  show  your  interest  in  automatic  telegraphy  ? 

A.  Yes,  sir. 

Q.  Was  Exhibit  44  the  paper  you  got  to  show 
•our  interest !  A.  No,  sir. 


0.  Did  you  keep  a  diary  I  Yes,  sir. 

Q.  Can  you  fix  the  date  that  Mr.  Edison  got 
ionic  from  Europe  t  A.  Yes,  sir. 

Q.  Have  you  looked  at  your  diary,  so  that  you 
an  tell  t  A.  Yes,  sir. 

Q.  What  day  did  he  sail  ? 

A.  i  t  was  April  23,  1873. 

Q.  Give  us  the  date  when  lie  got  home  ( 

A.  Mu  came  back  on  Wednesday,  the  2fith  of 
une,  1878. 


Mr.  Wheeler.— Wo  have  served  on  the  defend- 
nls  a  notice  to  produce  the  letters  which  Mr.  Or- 
ju  said  wore  written  by  Mr.  Craig  to  him,  between 


X>I3tJv°Br  °f0l,e\J87J;  u,,d  th0  »«•  of  January 
1870.  We  ask  now  for  the  production  of  thoselot 

J{r-  ^bkenon-We  do  not  think  wo  can  do 
3  tiro  has  not  been  served!'5  °"  ^  **  ^ 


Examined,  by  Mr.  Wheeler  : 


Q.  What  is  your  profession  ? 

Office  eXnm‘ner  in  tlle  States  Patent 

UQS.  Patent  'office?  ■V°"  be°"  “n  exa,n»>er  in  the 
gut,  Jf^T  bee"  "  I,ri,,ciPaI  exn,,*iner  since  An- 
Q-  What  position,  if  am-  ,15,1 
office  prior  to  that  ?  ‘  ’  .*  1  °«cupy  in  the 

A  Yes"'sir°"  P,'0,"0te(1  to  l,Ui‘n  e™., inert 

A.  |  ZZluZ  ,',!.eV!,,,,i,,er  ?f  '"terferences » 
the  first  of  May  x'1,lu,lel  of  interferences  since 

patent  office?  '  .  as  examiner  in  the 

A.  Since  the  summer  or  fall  of  ib7i  , 
tidtfii '/ tl upn r "n fei  1°" ’  ““T*  !“a  c,mi'^  “f  the  elec- 

C  th,,t  dufcy«* 

you  were  instructed  to  and  did  make  T*0"1  °?ice 
t>on  mto  the  meaning  of  the  wo.ll  of '“W"- 

plied  to  telegraphy  ?  .  «s  ap. 


A.  l  es,  st ;  .some  time  in  the  mouth  of  January, 

1870,  1  was  called  upon  liy  the  commissioner  t< 
report  to  him  the  meaning  of  the  word. 

Q.  State  what  meaning  that  word  had  in  April, 

1871,  if  any  ;  as  applied  to  telegraphy  ! 


Mr.  Wheeler:  i  will  state  why  it  seems  to  us 
that  we  can  introduce  this  testimony.  We  opined 
that  we  should  rely  in  our  evideiicu-in-chief  on  the 
popular  nienning  of  the  word  ;  but  wo  should,  how- 
aver,  claim  the  privilege  of  rebuttal,  if  any  evi¬ 
dence  were  introduced  on  the  other  side  to  show 
that  it  had  a  scientific  or  technical  meaning.  On 
the  cross-examination  of  Mr.  Edison,  ail  attempt 
was  made  (I  lefer  to  p.  208,  fol.  105-1  of  the  record] 
to  show  by  him.  that-  the  word  “  fast”  had  a  tech¬ 
nical  meaning  in  the  art.  That  attempt  was  re¬ 
newed  in  (lie  examination  of  Mr.  Farmer.  There 
is  some  tcstimoucy  from  both  gentlemen  on  that 
point. 


'Jhe  Court— 1  nin  not  disposed  to  go  into  this 
question.  I  do  not  care  to  reopen  the  case  for  the 
purpose  of  examining  this  matter. 

Mr.  Wheeler. — The  difficulty  here  arises  from  the 
fact  that  so  large  a  portion  of  the  defendant’s  tes¬ 
timony  was  put  in  on  the  cross-examination  of  our 
witnesses. 

The  Court— It  you  do  not  claim  that  there  is  any 
avidenco  in  this  case  tending  to  show  that,  the  word 
“fast”  has  no  technical  signilicnnce,  then  they 
will  waive  the  question. 


Mr.  Lowrey.—We  do  claim  so.  It  was  claimed 
in  their  testimony  in  answer  to  their  gonoral  ques¬ 
tion.  II  one  witness  was  mistaken,  they  should 
have  called  another,  and  not  have  waited  until  our 
witnesses  have  actually  gone,  and  the  case  is  dis¬ 
persed.  Air.  Orton  is  to  depart  within  the  hour  for 
the  West,  and  will  not  be  here.  It  is  a  matter  of 
literature  in  which  Air.  Orton  is  specially  versed 
”  e  do  not  admit  anything  which  rises  fairly  from 
lie  testimony.  Suppose  tips  gentleman  swears  to 
i  technical  meaning  or  signification  or  the  word 
fast,  ’  we  must  set  to  work  to  prepare  our  case 
°  meet  that. 

The  Court.— I  think  I  won’t  go  into  this  any  fur- 


Lvidonco  Georges  d’  Infrcv 


A.  Yes,  sir ;  from  12  o’clock. 

Q.  You  heard  his  testimony  in  regard  to  the.  D’ 
Arlinco'urt  relay  ?  A.  Yes,  sir. 

Q,  Is  his  testimony  in  regard  to  the  number  of 
words  which  could  be  transmitted  on  that  in  accor¬ 
dance  with  your  knowledge  on  that  subject  ? 

A.  This  statement  of  Du  Alonce!  refers 
to-  a  printing  telegraph.  The  statement  which 
Mr.  Fanner  stated  he  had  looked  in  the 
hook  about  referred  to  the  printing  telegraph. 
I  have,  of  course,  n  full  knowledge  of  the  French 
language;  and  1  pointed  out  to  Mr. -Fanner  that 
he  had  not  read  carefully  that  statement,  but  that 
I  could  translate  it  word  for  word,  and  that  therein 
was  described  a  printing  telegraph.  It  was  a  num¬ 
ber  of  letters,  and  not  a  number  of  words.  Here 
is  said  substantially  this:  That  Air.  Du  Afoncel 
stated  (referring  to  the  printing  telegraph)  that  on 
a  circuit  of  700  kilometres,  which  would  be  about 
liOO  miles— New  York  to  Buffalo,  say  about— they 
have  transmitted  (I  don’t  know  the  number  exactly, 
but  it  is  not  very  great) — and  it  can  be  ascertained 
from  the  hook)  about  40  letters  a  minute.  On  a 
shorter  circnit  they  had  found  practically  no  limit 
to  the  manipulation  ;  that  conveys  to  my  mind  that 
it  was  transmission  by  the  finger  on  a  key-board. 
There  is  another  place  in  the  book  where  D’Ar- 
lincourt  relay  is  said  to  be  the  best  and  most  rapid 
inexistence;  it  is  then  better  than  Mr.  Afager’s 
telegraph,  and  you  have  seen  what  reference  is 
made  to  Alager’s  relay  in  an  English  book  by  the 
American  Commissioner  in  1807.  There  is  another 
reference  made  to  it  in  another  part  of  the  book 
where  it  is  said  it  can  be  used  for  repenting  in  auto¬ 
matic  autographic  telegraphy,  and  it  has  super- 


seeled  tlie  invention  of  Lnmbrigot  who  line!  found  a 
way  to  repent  mitonintiosignals by  chemical  means. 
Du  Monacal  says  that  the  invention  of  Lnmbrigot,  (if 
I  am  correct  about  the  name),  of  which  much  had 
been  said,  was  entirely  forgotten[since  Mr.  D’Arlin- 
court’s  relay  had  been  invented.  This  relay  was 

310  patented  in  1800,  in  France. 

Q.  If  I  understand  you  the  limitation  which  is 
put  upon  the  transmission  in  regard  to  D’Arlin- 
court’s  printing  telegraph  does  not  necessarily  im¬ 
ply  that  the  magnet  is  limited  to  that  speed  in  its 
working  when  separated  from  the  telegraph  ? 

A.  I  don’t  understand  your  question  very  well. 

Q.  If  the  D’Arlincourt  relay  magnet  be  separated 
from  the  printing  telegraph,  would  it  work  faster 
or  slower  than  in  the  telegraph  1  ■ 

A.  Yes,  sir  ;  it  would  work  faster,  because  in  the 
printing  telegraph,  it  lias  to  move  a  mechanism— an 

311  escapement,  etc. 

Q.  If  substituted  or  used  for  the  relay,  as  in  case 
90,  and  Exhibit  V,  it  would  have  no  mechanism  to 

A.  No,  sir.  For  practical  use  in  automatic  tele¬ 
graphy  there  is  not  the  least  doubt  in  my  mind,  nor 
among  the  best  electricians,  in  France,  that  this  re¬ 
lay  will  follow  any  speed  which  is  useful  and  used 
in  tills  country. 

Cross-examination  hy  Mr.  .Dickerson  : 

Q.  That  is  about  80  to  120  words  perminute;  you 
spoke  about  the  practical  speed  1 

312  A.  If  it  is  so,  then  it  will  take  80. 

Q.  I  think  you  said  the  practical  speed  was  from 
80  to  120  words  per  minute  ? 

A.  I  said  between  Now  York  and  Buffalo,  but  it 
is  far  more  than  that  between  Now  York  and  Phil¬ 
adelphia. 

Q.  It  is  from  80  to  120  from  Now  York  to  Buf¬ 
falo  1 

A.  Yes,  sir,  the  practical  speed  ;  but  more  can  be 
attained ;  I  have  attained  more  than  that  on  the 


same  circuit.  It  might  have  been  practical  too,  but 
it  was  experimental  where  I  attained  it. 

lie-direct  examination : 

Q.  IIow  about  the  Washington  circuit  ? 
ft  A;  wort1s  11  'Minute.  I  got  more  than 

that,  but  I  can  swear  to  000  words  a  minute.  318 

Q.  With  the  D’Arlincourt  relay  ?  A.  Yes  sir 
Q.  How  many  times? 

A.  I  made  it  over  half  a  dozen  times,  but  I  can 
swear  to  that  number. 

Q.  Anybody  else  witness  the  experiment? 

A.  Mr.  Ladonx,  the  chief  operator  in  Washing¬ 
ton, and  Mr.  Hauff,  the  chief  operator  in  New  York, 
were  witnessing  it,  and  the  Intter  made  a  report  to 
Gen.  Eckert.  Mr.  Roche,  the  chief  operator  in 
Boston,  was  receiving,  and  Mr.  Ladoux  and  Mr. 
lloclic,  who  were  not  knowing  wlmt  wo  were  ex¬ 
perimenting  in  New  York,  testified  to  the  speed.  .314 
Mr.  Ladoux  told  ino,  “We  are  now  fully  turning 
at  000  revolutions  a  minute.”  He  said  1000  at  first, 
and  I  asked  him  whether  he  was  sure,  and  he  said 
0G0.  I  said,  “Would you  say  900?”  “Oh,  cer¬ 
tainly,”  he  said.  Then  I  reported  it  to  Gen.  Eckert ; 


The  Witness.  —I  was  wanting  to  speak  of  another 
experiment,  because  the  speed  of  transmission  had  - 
been  counted  at  other  stations,  but  in  another  ex-  , 
periment  Mr.  Daly,  the  manager  of  the  office  in 
Now  York,  who  is  not  an  electrician,  wanted  to 
count  it  himself,  and  did  the  transmitting  and  re- 


The  Court.— Never  mind  going  into  that. 
lie-cross : 

Q.  Do  you  say  that  either  with  the  D’Arlincourt 


relay,  or  with  the  automatic,  yon  got  600  .words  a 
minute  ? 

A.  I  was  repeating  Tilth  tile  D’Arlincourt  relay. 
In  some  experiments  I  lmd  made  some  improve¬ 
ment  on  it,  hut  in  some,  experiments  I  experiment¬ 
ed  with  the  relay  just  as  it  is  described. 

Q.  The  experiment  you  last  described  running 
COO  words  per  minnte  from  Washington ;  was  that 
the  chemical  telegraph  or  the  D’Arlincourt  relay  1 

A.  The  chemical  telegraph,  receiving  on  chemi¬ 
cal  paper. 

Mr.  Hodges. — With  the  D’  Ail i neon rt  relay  1 

A.  Yes,  sir ;  receiving  on  chemical  paper  through 
D’Arlincourt’ s  relay,  as,  for  instance,  receiving  on 
a  local  sounder  through  a  Morse  relay. 

Q.  You  used  that  ns  a  repeater  ! 

A.  On  one  occasion  I  was  receiving  from  Boston 
on  a  local  upon  chemical  paper  through  D’Arlin¬ 
court  relay. 


Patent  Office, 

Washington,  D.  C.,  Juno  13th,  1877. 

.  It  is  hereby  certified,  that  the  records  of  this  of- 
iico  shotv  that  between  the  dates  of  November  10th 
1870,  and  January  30th,  1871,  Samuel  A.  Duncan  , 
was  constantly  in  charge  of  the  office,  by  reason  or  ' 
the  resignation  of  the  Commissioner,  he  having  at 
that  time  the  rank  of  Assistant  Commissioner. 

On  January  30th,  1871,  M.  D.  Leggett  was  ap¬ 
pointed  Commissioner,  and  from  that  date  until 
June  6th,  1872,  Assistant  Commissioner  Duncan 
j  appears  to  have  acted  ns  Commissioner  at  various 

times.  Tlie  last  recorded  official  act  by  the  said  Dun¬ 
can,  as  Acting  Commissioner,  was  May  16th,  1872. 

He  resigned  June  6th,  1872. 

|  In  testimony  whereof,  I,  Ellis  Spear,  Commis¬ 

sioner  of  Patents,  have  hereunto  caused  8 
j  the  seal  of  the  Patent  Office  to  be  affixed, 

j  4  this  13th  day  of  June,  in  the  year  of  our 

i  *  j  [seal.]  Lord  one  thousand  eight  hundred  and 

If.  seventy-seven,  and  of  the  Independence 

j  of  the  United  States  the  one  hundred 

I  and  first. 


ELLIS  SPEAR, 
Commissioner. 


A  NOTE  ON  THE  SOURCES 


The  pages  which  were  microfilmed  for  this  collection 
are  in  generally  good  condition  in  the  original.  There 
are  some  pages,  however,  which  due  to  age  do  not 
reproduce  satisfactorily.  We  have  made  every 
technical  effort  to  ensure  complete  legibility  of  each 
and  every  page. 


PUBLICATION  AND  MICROFILM 
COPYING  RESTRICTIONS 

Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  iieu  of  transcripts,  however, 
enlarged  photocopies  of  selected 
items  contained  on  these  reels 
may  be  made  in  order  to  facilitate 
research. 


FINANCIAL  CONTRIBUTORS 


PRIVATE  FOUNDATIONS 

Alfred  P.  Sloan  Foundation 
Charles  Edison  Fund 
The  Hyde  and  Watson  Foundation 
Geraldine  R.  Dodge  Foundation 


PUBLIC  FOUNDATIONS 

National  Science  Foundation 
National  Endowment  for  the  Humanities 


PRIVATE  CORPORATIONS  AND  INDIVIDUALS 


Alabama  Power  Company 
Amerada  Hess  Corporation 
AT&T 

Association  of  Edison  Illuminating  Companies 

Battelle  Memorial  Institute  Foundation 

The  Boston  Edison  Foundation 

Cabot  Corporation  Foundation 

Carolina  Power  and  Light  Company 

Consumers  Power  Company 

Coming  Glass  Works  Foundation 

Duke  Power  Company 

Edison  Electric  Institute 

Exxon  Corporation 

General  Electric  Foundation 

Gould  Inc.  Foundation 

Gulf  States  Utilities  Company 

The  Institute  of  Electrical  &  Electronics  Engineers 

International  Brotherhood  of  Electrical  Workers 

Iowa  Power  and  Light  Company 

Mr.  and  Mrs.  Stanley  H.  Katz 


Matsushita  Electric  Industrial  Co.,  Ltd. 
McGraw-Edison  Company 
Middle  South  Services,  Inc. 

Minnesota  Power 

New  Jersey  Bell  Telephone  Company 
New  York  State  Electric  &  Gas 
Corporation 

North  American  Philips  Corporation 
Philadelphia  Electric  Company 
Philips  International  B.V. 

Public  Service  Electric  and  Gas  Company 

RCA  Corporation 

Robert  Bosch  GmbH 

Savannah  Electric  and  Power  Company 

Schering  Plough  Foundation 

Texas  Utilities  Company 

Thomson-Brandt 

Transamerica  Delaval  Inc. 

Westinghouse  Educational  Foundation 
Wisconsin  Public  Service  Corporation 


BOARD  OF  SPONSORS 


Rutgers,  The  State  University  of 
New  Jersey 

Edward  J.  Bloustein 
T.  Alexander  Pond 
Tilden  G.  Edelstein 
Richard  P.  McCormick 
James  Kirby  Martin 
New  Jersey  Historical  Commission 
Bernard  Bush 
Howard  Green 


National  Park  Service,  Edison 
National  Historic  Site 
Roy  W.  Weaver 
Edward  J.  Pershey 
William  Binnewies 
Lynn  Wightman 
Elizabeth  Albro 
Smithsonian  Institution 
Brooke  Hindle 
Bernard  Finn 


EDITORIAL  ADVISORY  BOARD 

James  Brittain,  Georgia  Institute  of  Technology 
Alfred  D.  Chandler,  Harvard  University 
Neil  Hams,  University  of  Chicago 
Thomas  Parke  Hughes,  University  of  Pennsylvania 
Arthur  Link,  Princeton  University 
Nathan  Reingold,  Smithsonian  institution 
Robert  C.  Schofield,  Iowa  State  University 


CORPORATE  ASSOCIATES 

William  C.  Hittinger  (chairman),  RCA  Corporation 
•Arthur  M.  Bueche,  General  Electric  Company 
Edward  J.  Bloustein.  Rutgers,  The  State  University  of  NJ. 
Cees  Brnynes,  North  American  Philips  Corporation 
Paul  J.  Christiansen,  Charles  Edison  Fund 
Philip  F.  Dietz,  Westinghouse  Electric  Corporation 
Paul  Lego,  Westinghouse  Electric  Corporation 
Roland  W.  Schmitt,  General  Electric  Corporation 
Robert  I.  Smith.  Public  Service  Electric  and  Gas  Company 
Harold  W.  Sonn,  Public  Service  Electric  and  Gas  Company 
Morris  Tanenbaum,  AT&T 


Copyright  *1985  by  Rutgers,  The  State  University 

All  Rights  Reserved.  No  part  of  this  publication  including  any  portion  of  the  guide  and  index  or  of  the 
microfilm  may  be  reproduced,  stored  in  a  retrieval  system,  or  transmitted  in  any  form  by  any  means-graphic, 
electronic,  mechanical,  or  chemical,  including  photocopying,  recording  or  taping,  or  information  storage  and 
retrieval  systems— without  written  permission  of  Rutgers,  The  State  University  of  New  Jersey,  New  Brunswick, 
New  Jersey. 

The  original  documents  in  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site  at  West 
Orange,  New  Jersey. 


/] 


lomaa  afi)  ifcoru' 


A  SELECTIVE  MICROFILM  EDITION 
'  PARTI 
(1850-1878) 


Thomas  E  Jeffrey 

Microfilm  Editor  and  Associate  Editor 


Paul  B.  Israel 
Assistant  Editor 
Assistant  Editors: 
Toby  Appel 
Keith  A.  Nler 
Andre  Millard 

John  Deasey 
Leonard  De  Graaf 
David  Fowler 


Student  Assistants 


Susan  Schultz 
Assistant  Editor 
Research  Associates: 
Robert  Rosenberg 
W.  Bernard  Carlson 


Pamela  Kwiatkowski 
Joseph  P.  Sullivan 
Barbara  B.  Tomblln 


Leonard  S.  Reich,  Associate  Director  and  Associate  Editor 
Reese  V.  Jenkins,  Director  and  Editor 


Sponsors 

Rutgers,  The  State  University  of  New  Jersey 
National  Park  Service,  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 


University  Publications  of  America 
Frederick,  Maryland 
1985 


Edison  signature  used  with  permission  of  McGraw-Edison  Company.